IMPORTANT PENDING REGULATIONS FOR EMPLOYERS
March 07th, 2016/By Admin/In Blog
By Sherry B. Shavit.
The first quarter of 2016 has been busy for federal agencies that are working to implement President Obama’s employment-related objectives, from gender pay equity to an overtime exemption overhaul. The following is a summary of some of the more notable pending regulations. The comment period for some of these proposed regulations is still open – have your voice heard and submit any concerns you have through the Federal eRulemaking Portal, http://www.regulations.gov. For information on how these regulations may affect your organization, contact your employment counsel.
Proposed Addition of Pay Data on EEO-1
The U.S. Equal Employment Opportunity Commission has proposed that employers with 100 or more employees be required to provide aggregate data on pay ranges and hours worked on their EEO-1 reports starting in September, 2017. For employers who do not already have established pay grades or ranges for their positions, this could lead to a lot of additional compensation work in order to be compliant.
More information and the proposed changes are available for inspection on the Federal Register website at: https://www.federalregister.gov/articles/2016/02/01/2016-01544/agency-information-collection-activities-revision-of-the-employer-information-report-eeo-1-and. The deadline to submit comments on the proposal is April 1, 2016.
Another Headache for Federal Contractors
Employers struggled (and continue to struggle) to get into compliance with California’s Paid Sick Leave Law. Now, federal contractors will have to combine this with the DOL federal regulations that implement Executive Order 13706, signed by President Obama on September 7, 2015, requiring them to provide their employees seven (7) days of paid sick leave.
More information and the proposed changes are available for inspection on the Federal Register website at: https://www.federalregister.gov/articles/2016/02/25/2016-03722/establishing-paid-sick-leave-for-federal-contractors. The deadline to submit comments on the proposal is March 28, 2016.
Are You Prepared for the Changes to Federal Overtime Exemptions?
In June, 2015, the Department of Labor proposed to more than double the minimum salary threshold required to qualify for overtime exemptions to $50,440, as well as change how overtime exemptions are evaluated. This will have a significant impact on all employers, including California employers, who will have to comply with these requirements to the extent they provide greater protection to employees.
The comment period for its proposed rules ended last year, but the final guidance has not yet been implemented. Once the final rules are published, most likely employers will have only 60 days to comply. Get ahead of the game and start evaluating what changes will need to be made in your workforce.
EEOC Revamping Enforcement Guidance on Retaliation
Retaliation claims are on the rise. The EEOC’s enforcement guidance on retaliation was issued in 1998. Since then, there have been significant court rulings impacting retaliation claims. As a result, on January 21, 2016, the EEOC proposed to revise its enforcement guidance on retaliation. The EEOC’s Enforcement Guidance provides its staff a reference for investigating charges, and is useful to employers to help navigate through the employment laws. A copy of the proposed guidance can be found at http://www.regulations.gov/#!documentDetail;D=EEOC-2016-0001-0001.