Management's Workplace Lawyers

September 2016 E-Update

September 30, 2016

EEOC's New EEO-1 Form

The Equal Employment Opportunity Commission announced on September 29, 2016 that it will begin collecting summary pay data beginning in March 2018 as part of the newly-issued, revised EEO-1 survey form.

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NLRB's Office of General Counsel Issues Advice Memorandum on Independent Contractors

The Office of the General Counsel (OGC) of the National Labor Relations Board has released an advice memorandum in which it asserts that the misclassification of employees as independent contractors is a violation of the National Labor Relations Act.

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OSHA Issues New Policy Guidelines On Whistleblower Settlements

The Occupational Safety and Health Administration has issued an internal memorandum that sets forth guidelines for OSHA approval of settlements between employers and employees in whistleblower cases. In particular, OSHA states that settlement agreements may not discourage future whistleblowing activity.

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DOL Issues Final Rule on Paid Sick Leave for Federal Contractor Workers

The Department of Labor has now issued its Final Rule to implement Executive Order 13706, which requires government contractors and subcontractors to provide their employees with paid sick leave.

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NLRB – Unilateral Change Doctrine

In a course reversal, the National Labor Relations Board held that, under the National Labor Relations Act, an employer cannot make discretionary unilateral changes pursuant to a past practice developed under an expired management rights clause.

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Government Contractors – Minimum Wage

The Department of Labor has announced the minimum wage increase for government contractors and subcontractors effective January 1, 2017.

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Overtime Rule – Legal Challenges

Two different lawsuits have been filed in federal court to block the pending implementation of the Department of Labor’s revisions to the overtime rule.

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EEOC – Online Resource Center for Small Businesses

The Equal Employment Opportunity Commission has announced a new online resource center intended to help small businesses comply with federal antidiscrimination laws.

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USCIS – Revised I-9 Form Coming

The U.S. Citizenship and Immigration Services agency has announced that a revised I-9 form will be released by November 22, 2016.

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Maryland – Negligent Misrepresentation

The federal district court for Maryland held that an individual could sustain a negligent misrepresentation claim even in the context of an at-will employment relationship.

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TOP TIP: Be Accurate and Careful In Your EEOC Position Statements

A recent case provides a strong warning for employers that, in responding to a charge of discrimination before the Equal Employment Opportunity Commission (or other state or local anti-discrimination agency), it is critically important to be as thorough and accurate as possible.

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