BW INSIGHTS

EEO Pay Data Collection Update: It is Time to Comply

By BrownWinick | 07.17.2019
Article written by BrownWinick 2019 Summer Associate, Mariah Kauder In 2017, the federal government suspended collection of Component 2 data from employers subject to EEO-1 reporting requirements. Component 2 data includes employee hours worked and pay information categorized by job type, race, ethnicity, and sex. Following a contentious legal... Read More

EEO-1 Pay Data Collection for 2017 and 2018

By BrownWinick | 05.08.2019
The Equal Employment Opportunity Commission (EEOC) announced that employers must report pay data for 2017 and 2018 by September 30, 2019. Pay data must be collected and reported with respect to race, sex and ethnicity. While the details regarding how to upload the required data have not yet been released, employers with 100 or more employees or... Read More

DOL Proposes Updates to Regular Rate Under FLSA

By BrownWinick | 04.03.2019
On March 28, 2019, the U.S. Department of Labor (DOL) announced another proposed rule to update regulations under the Fair Labor Standards Act (FLSA). The proposed rule would amend 29 CFR part 778 to revise the “regular rate” requirements under section 7(e) of the FLSA, 29 U.S.C. § 207(e). Under the default rule for calculating required overtime... Read More

DOL Proposes New $35,308 Salary Threshold for Overtime Exemption

By BrownWinick | 03.08.2019
Today, the U.S. Department of Labor announced a Notice of Proposed Rulemaking, (again) proposing a hike to the salary threshold requirement under certain exemptions from the Fair Labor Standards Act (FLSA). In short, the DOL says the change "would make more than a million more American workers eligible for overtime." The proposal seeks to... Read More

DOL Releases Updated FMLA Forms

By BrownWinick | 09.19.2018
Last week, the Wage and Hour Division of the United States Department of Labor finally released its updated Family and Medical Leave Act forms. However, I use the term "updated" here loosely, as there were no meaningful changes to the substance of these forms. Nevertheless, if you use the DOL's model forms (which we typically encourage employers... Read More

Epic Systems v. Lewis: Arbitration Agreements and Employers' New, Protective Shield from Employee Lawsuits

By BrownWinick | 06.05.2018
Introduction A recent 5-4 Supreme Court decision marks a major victory for employers interested in a new tool for their arsenal to protect their businesses from potential class action litigation. The Ruling The case, Epic Systems Corp. v. Lewis, largely pitted the Federal Arbitration Act (“FAA”) against the National Labor Relations Act (“NLRA”).... Read More

Immigration and Customs Enforcement (ICE) is Cracking Down on Employers: Expect I-9 Audits This Summer and Beyond

By BrownWinick | 05.24.2018
I-9 audits are on the rise. U.S. Immigration and Customs Enforcement (ICE) – the agency charged with enforcing U.S. Immigration laws - reports that between October 1, 2017 and May 4, 2018, the agency initiated approximately 2,282 employer audits (an average of about 321 audits per month). Contrast that with the prior fiscal year figures (1,360... Read More

Are You Ready if a Sexual Harassment Scandal Hits Your Business? - Part III

By Michael Dee | 03.20.2018
As outlined in our earlier posts, business leaders are subject to increasing scrutiny in light of the national dialogue happening right now. This movement is not limited to the arena of celebrities and politicians. Does your business know what to do if allegations are lodged against your CEO or other critical managers? Given the spotlight being... Read More

Are You Ready if a Sexual Harassment Scandal Hits Your Business? - Part II

By Michael Dee | 12.20.2017
Does your business have a handle on its policy enforcement? As outlined in our earlier post, charges of sexual harassment have always posed the potential for very serious liability. Historically, however, sexual harassment has been relatively difficult to prove from the legal perspective. That tide is turning, however, as technology and social... Read More

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