TRENDS IN ELIMINATING OR CHANGING PERFORMANCE APPRAISALS

13 May 2016 | January 2016

There seems to be a trend developing among many employers of eliminating annual performance reviews, and instead relying on more constant feedback. Kiplinger reports that some 6% of Fortune 500 employers have recently eliminated the process and that many more are likely to follow. The theory is that ongoing feedback on a quarterly, monthly or ...

BUDGET DEAL INCREASES OSHA PENALTIES AND REPEALS AUTOMATIC ENROLLMENT

13 May 2016 | January 2016

Two little known aspects of the so-called "budget deal" of the Bipartisan Budget Act of 2015, significantly affect employment. One provision amends the Federal Civil Penalties Inflation Adjustment Act of 1990 to require all agencies with civil monetary penalties covered by the statute to adjust those penalties to represent the change in the consumer...

ICE ISSUES GUIDANCE FOR EMPLOYERS CONDUCTING INTERNAL I-9 AUDITS

13 May 2016 | February 2016

ICE ISSUES GUIDANCE FOR EMPLOYERS CONDUCTING INTERNAL I-9 AUDITS Most employers conduct internal I-9 audits although they are not technically required by law. On December 14, 2015, the U.S. Immigration Customs Enforcement (ICE) and Office of Special Counsel (OSC) issued guidance for employers conducting such audits. The guidelines suggest that an ...

ADMINISTRATION TO PROMOTE PAY EQUALITY BY REQUIRING NEW EEO-1 INFORMATION TO BE FILED

21 April 2016 | March 2016

For several years, equal employment agencies have been pursuing requirements that employers collect and report pay data categorized by race, gender and ethnicity in order to better apply the equal pay and other discrimination laws. The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) proposed an "equal pay report" t...

OBAMA ADMINISTRATION CONTINUED TO ADD MORE OBLIGATIONS ON FEDERAL CONTRACTORS WITH NEW PAY TRANSPARENCY REGULATIONS

21 April 2016 | March 2016

Stymied by a Republican led Congress, the Obama Administration has demonstrated its willingness and ability to use the pen to enact its liberal agenda through executive and agency action. In the past few years alone, the Administration has raised the minimum wage for federal contractors to $10.10 (Executive Order 13658), prohibited federal contracto...

WAGE-HOUR ISSUES GUIDANCE ON JOINT EMPLOYER LIABILITY

21 April 2016 | March 2016

Attorneys and clients are familiar with cases in which a plaintiff sues a group of defendants, hoping that the plaintiff can find a "deep pocket" so that at least one of the defendants will pay off the damage claim. A recent example of this on the federal employment level is the ruling of the NLRB last August in Browning-Ferris Industries, 362 NLRB ...

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