Proposed EEO-1 Pay Data Requirement Will Increase Risks and Burdens

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The United States Equal Employment Opportunity Commission (EEOC) just announced a proposal to require large employers to provide pay data in the EEO-1 reports submitted annually to the government. While the proposal is completely consistent with the administration’s aggressive labor and employment agenda (and, therefore, should not come as a surprise), there is significant reason for concern because the requested changes will impose new burdens on employers and will now be open for the EEOC to initiate expensive and time-consuming litigation. This could potentially lead to the EEOC making examples of certain employers regardless of the reasons behind any actual pay disparities. Continue reading this entry

EEOC’s Proposed Retaliation “Guidance” Muddies the Waters for Employers

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For the first time in 18 years, the Equal Employment Opportunity Commission (EEOC) has offered proposed revisions to its official guidelines on workplace retaliation. In its proposed revisions, the agency expresses a very broad view of what constitutes actionable retaliation under the applicable equal employment laws. One of the most noteworthy revisions is that the EEOC has expanded its view of the evidence or facts that an employee may show to establish a retaliation claim, and that expansion will make it easier for employees to assert speculative retaliation claims that lack significant factual basis. Continue reading this entry

EEOC May Obtain Private (And Arguably Unnecessary) Employee Information

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Employers served with an Equal Employment Opportunity Commission (EEOC) subpoena requesting private employee information – regardless of its arguable relevance – may nevertheless be compelled to respond, according to a decision from late last year by one of the country’s most influential appellate courts. In the decision, the United States Court of Appeals for the Ninth Circuit permitted the EEOC to largely define its own need for employee data based on an expansive view of what information might be relevant to the its investigation. Continue reading this entry

Hybrid Visa Offers Alternative to Limited H-1B Visa

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For an ever-increasing number of U.S. employers, the start of another calendar year also means H-1B season has arrived. However, given the competitive nature of the H-1B program, many employers are turning to an alternative and infrequently utilized hybrid visa, the “B-1 in lieu of H-1B,” to obtain professionals with specialized skills. Continue reading this entry

DOL Asserts “As Broad as Possible” Joint Employer Standard for Wage and Hour Enforcement

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In new guidance issued on January 20, the Department of Labor (DOL) has aggressively interpreted its authority “as broad as possible” to hold employers responsible for wage and hour violations committed by separate “joint employers.” This guidance, issued by David Weil, the administrator of DOL’s Wage and Hour Division, makes clear those businesses sharing employees or using contractors or temporary staffing agencies may become legally responsible for wage and hour violations committed by another employer. Continue reading this entry