In a public meeting today at agency headquarters, the U.S. Equal Employment Opportunity Commission (EEOC) approved its Strategic Plan for Fiscal Years 2012-2016. The Strategic Plan establishes a framework for achieving the EEOC’s mission to stop and remedy unlawful employment discrimination, so that the nation might soon realize the Commission’s vision of justice and equality in the workplace. Implementation of the new Strategic Plan will begin in March 2012.

“In approving the Strategic Plan, the EEOC today is taking a significant step toward realizing the Commission’s vision of ending employment discrimination and promoting equal opportunity in the American workplace,” said EEOC Chair Jacqueline A. Berrien. “I am very pleased with the hard work of staff across the agency who provided assistance throughout the planning process, and I look forward to the successful implementation of the plan.”

The Commission voted 4-1 to approve the FY 2012-2016 Strategic Plan. The Plan serves as a framework for the Commission in achieving its mission by focusing on three strategic objectives: strategic law enforcement, education and outreach, and efficiently serving the public. The three strategic objectives each have a number of performance measures detailing outcomes to be achieved during the four year period the Plan is in effect. The different outcomes are designed to measure the Commission’s progress in carrying out its mission in a time of static resources and a growing need for its services.

As an example of the plan’s proposed outcomes, the Strategic Law Enforcement objective includes the development of a new strategic enforcement plan to better leverage the Commission’s resources to “stop and remedy unlawful employment discrimination” and to build on its existing systemic program to remedy discrimination against large numbers of individuals or where the discrimination has a broad impact on an industry, profession, company, or geographic area.

NOTE: The details in this blog are provided for informational purposes only. All answers are general in nature and do not constitute legal advice. If legal advice or other expert assistance is required, the services of a competent professional should be sought. The author specifically disclaims any and all liability arising directly or indirectly from the reliance on or use of this blog.

The U.S. Department of Labor's Wage and Hour Division (WHD) has announced a 14-day extension of the comment period for its proposed rule to provide minimum wage and overtime protections for nearly 2 million workers who provide in-home care services.

Currently, workers classified as "companions" are exempt from the Fair Labor Standards Act's (FLSA's) minimum wage and overtime pay requirements. When established in 1974, such exemptions were meant to apply to casual babysitters and companions for the elderly and infirm — not workers who chose in-home care service as a vocation and were responsible for supporting their families. The proposal would, if enacted, grant the exemption to households where the services are provided but not third-party staffing agencies. It would further clarify that companionship services are those directly related to the fellowship and protection of a care recipient.

The division published a Notice of Proposed Rulemaking (NPRM) in the Federal Register on Dec. 27, 2011, with a comment period originally set to end on Feb. 27, 2012. On Dec. 15, the proposed rule was announced by President Obama and posted on the division's Web site, giving the public more time than the standard 60-day period to comment on the proposal.

After reviewing requests for an extension from members of Congress and the public, the division decided to extend the comment period by 14 days to Monday, March 12. This action will provide additional time for individuals to analyze the issues raised in the proposal and to provide comments. Individuals and organizations that have already submitted comments may use the extension period to revise or add to their original comments.

NOTE: The details in this blog are provided for informational purposes only. All answers are general in nature and do not constitute legal advice. If legal advice or other expert assistance is required, the services of a competent professional should be sought. The author specifically disclaims any and all liability arising directly or indirectly from the reliance on or use of this blog.

Nancy J. Leppink, deputy administrator of the U.S. Department of Labor's Wage and Hour Division (WHD), and California Secretary of Labor Marty Morgenstern have entered into a memorandum of understanding regarding the improper classification of employees as independent contractors. Leppink and California Labor Commissioner Julie A. Su hosted a press teleconference Feb. 9 during which they discussed how the U.S. Department of Labor and the state of California will embark on new efforts, guided by this memorandum, to protect the rights of employees and level the playing field for responsible employers by reducing the practice conducted by some businesses of misclassifying employees. This partnership is the 12th of its kind for the Department of Labor (DOL).

"This memorandum of understanding helps us send a message: We are standing together with the state of California to end the practice of misclassifying employees," said Leppink. "This is an important step toward making sure that the American dream is still available for workers and responsible employers alike."

"California is proud to enter into this partnership with the U.S. Department of Labor to work together to attack the problems of the underground economy," said Su. "Gov. Brown just signed an important law that went into effect on Jan. 1, increasing penalties for willful misclassification. With the Labor Department, we are poised to use all the tools in our arsenal to lift the floor for hardworking employers and employees throughout the state."

In 2011, the WHD collected more than $5 million in back wages for minimum wage and overtime violations under the Fair Labor Standards Act (FLSA) that resulted from employees' being misclassified as independent contractors or otherwise not treated as employees.

Continue reading “DOL, California Enter into Agreement on Combatting Worker Misclassification” »

The Department of Labor's model Family and Medical Leave Act (FMLA) forms expired on Dec. 31, 2011, due to provisions of the Paperwork Reduction Act, so they were resubmitted to the Office of Management and Budget (OMB) for continued use. The OMB has now granted their continued use through Feb. 28, 2015.

No changes have been made to the forms, so even those with expired dates on them are acceptable.

Use of DOL forms WH-380-E, WH-380-F, WH-381, WH-382, WH-384 and WH-385–all dealing with FMLA leave and certification–is not required, and businesses are free to develop their own forms so long as the information gathered thereon meets or exceeds the standards set on the DOL forms.

For more information on managing your FMLA program at work, please consider obtaining a copy of Personnel Concepts' informative and easy-to-use FMLA Regulatory Updates Compliance Kit.

NOTE: The details in this blog are provided for informational purposes only. All answers are general in nature and do not constitute legal advice. If legal advice or other expert assistance is required, the services of a competent professional should be sought. The author specifically disclaims any and all liability arising directly or indirectly from the reliance on or use of this blog.

The Women's Bureau of the Department of Labor (DOL) has published a downloadable document to help women seeking entry into the nontraditional and innovative career paths of the 21st century entitled Why Your Color Is Green: A Woman's Guide to a Sustainable Career.

“Many occupations in the clean energy economy remain virtually untapped by women," said Sara Manzano-Díaz, director of the Women's Bureau. "This guide is an invaluable resource that workforce professionals can use to help women transition into higher paying jobs that serve as a pathway into the middle class. It is also a tool to help fight job segregation."

NOTE: The details in this blog are provided for informational purposes only. All answers are general in nature and do not constitute legal advice. If legal advice or other expert assistance is required, the services of a competent professional should be sought. The author specifically disclaims any and all liability arising directly or indirectly from the reliance on or use of this blog.

Commencing in January 2014, the Patient Protection and Affordable Care Act (PPACA) of 2010 requires that large employers automatically enroll all full-time employees in a health insurance plan while offering individual opt-out provisions.

PPACA also requires the Secretary of Labor to issue final regulations on implementing this provision, and just this past week the Department of Labor (DOL) posted a technical release in advance of those final regulations.

The technical release basically reaffirms that the start date for automatic enrollment at companies with 200 or more employees will not commence until the DOL issues a final rule, which the document said would occur just prior to 2014.

The technical release also covers employer shared responsibility and health insurance waiting period compliance.

The employer shared responsibility provision, applicable to companies with 50 or more employees, holds employers responsible for providing affordable health care to all full-time employes, and in the absence of such, to furnish an "assessable payment" to the IRS (read: "fine"). Regarding waiting periods for health insurance to kick in for new employees, the allowable period has been set at 90 days.

Employers, keep your workforces apprised of their rights and responsibilities under PPACA by acquiring and displaying Personnel Concepts' Health Care Reform Employee Information Poster. Get yours today.

NOTE: The details in this blog are provided for informational purposes only. All answers are general in nature and do not constitute legal advice. If legal advice or other expert assistance is required, the services of a competent professional should be sought. The author specifically disclaims any and all liability arising directly or indirectly from the reliance on or use of this blog.

The Occupational Safety and Health Administration (OSHA) has imposed only the second-ever enterprise-wide penalty and safety remedy mandate on DeMoulas Super Markets, a grocery chain of 60 stores also known as Market Basket. OSHA penalties and corrective mandates generally are applied just to single locations.

OSHA inspectors, however, found “fall hazards from unguarded, open-sided work and storage areas” at several of the chain store’s locations. They also uncovered the fact that the company “allegedly failed to protect employees in produce, deli, and bakery department against laceration hazards from knives and cutting instruments.”

The only other time OSHA employed an enterprise-wide solution was on the U.S. Postal Service, which was told to correct electrical safety issues at hundreds of post offices nationwide.

Need assurance that your company's safety program is on the right track? Please visit Personnel Concepts' section on OSHA Programs and Kits on our Web site.

NOTE: The details in this blog are provided for informational purposes only. All answers are general in nature and do not constitute legal advice. If legal advice or other expert assistance is required, the services of a competent professional should be sought. The author specifically disclaims any and all liability arising directly or indirectly from the reliance on or use of this blog.

The Department of Health and Human Services (HHS) today issued final regulations and sample templates for health insurers to follow in providing the Summary of Benefits and Coverage (SBC) mandated by the Patient Protection and Affordable Care Act (PPACA) of 2010. The SBCs will become available to consumers of private insurance no later than Sept. 23, 2012.

“All consumers, for the first time, will really be able to clearly comprehend the sometimes confusing language insurance plans often use in marketing,” said HHS Secretary Kathleen Sebelius. “This will give them a new edge in deciding which plan will best suit their needs and those of their families or employees.”

Under the rule announced today, health insurers must provide consumers with clear, consistent and comparable summary information about their health plan benefits and coverage. The new explanations, which will be available beginning, or soon after, Sept. 23, 2012 will be a critical resource for the roughly 150 million Americans with private health insurance today.

Specifically, these rules will ensure consumers have access to two key documents that will help them understand and evaluate their health insurance choices:

• A short, easy-to-understand Summary of Benefits and Coverage (SBC); and
• A uniform glossary of terms commonly used in health insurance coverage, such as “deductible” and “co-payment.”

All health plans and insurers will provide an SBC to shoppers and enrollees at important points in the enrollment process, such as upon application and at renewal.

VIEW SAMPLE TEMPLATES

NOTE: The details in this blog are provided for informational purposes only. All answers are general in nature and do not constitute legal advice. If legal advice or other expert assistance is required, the services of a competent professional should be sought. The author specifically disclaims any and all liability arising directly or indirectly from the reliance on or use of this blog.

The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) has announced a 14-day extension of the comment period for its proposed rule to revise regulations implementing Section 503 of the Rehabilitation Act of 1973, which obligates most federal contractors and subcontractors to ensure equal employment opportunity for qualified workers with disabilities.

On Dec. 9, 2011, OFCCP published a notice of proposed rulemaking in 76 Federal Register 77056 with a comment period originally set to end on Feb. 7, 2012. After reviewing requests for an extension, OFCCP has extended the comment period by 14 days until Tuesday, Feb. 21. This action will provide additional time for interested parties to analyze the issues raised in the proposal and to provide their comments. Individuals and organizations who already have submitted comments may use the extension period to revise or add to their original comments.

To learn more about the proposed rule and submit comments, visit http://www.dol.gov/ofccp/503/.

The rule proposed by OFCCP would strengthen the affirmative action and reporting obligations of federal contractors by requiring them to set a hiring goal of having 7 percent of their employees be qualified workers with disabilities. The proposed changes also detail mandatory actions contractors would have to take in the areas of recruitment, training, record-keeping and dissemination of affirmative action policies — obligations similar to those that have long been required to promote workplace equality for women and minorities. In addition, the rule would clarify OFCCP's expectations of contractors by providing specific guidance on how to comply with the law.

NOTE: The details in this blog are provided for informational purposes only. All answers are general in nature and do not constitute legal advice. If legal advice or other expert assistance is required, the services of a competent professional should be sought. The author specifically disclaims any and all liability arising directly or indirectly from the reliance on or use of this blog.

Immigration and Customs Enforcement (ICE) officials are making repeat visits to past I-9 offenders to see if they've corrected their errors and are now in compliance with the employment eligibility verification process. If not, fines can be trebled.

The revisits are to those companies whose I-9 audits revealed violations within the past three years. If a revisited company has not corrected past documentation errors or is continuing to make the same errors previously uncovered, ICE is authorized to increase the normal fines threefold.

Further, if inspectors uncover an undocumented worker and that worker is not immediately dismissed, company officials will face civil and criminal penalties.

Auditors will be looking for both technical and substantive errors in the I-9 document verification process.

In 2011, Immigration and Customs Enforcement (ICE) agents issued 2,393 form I-9 audit notices, and during these audits and other visits arrested and prosecuted 196 business owners, executives and human resource managers for workforce immigration violations. Both were records, and audits themselves are up more than 375 percent since the Obama administration took over.

Therefore, even if your company has not been audited in the past, it's a good idea to review all I-9 records and the ongoing process itself to ensure compliance. For assistance in the process, you should consider acquiring a copy of Personnel Concepts' I-9 Compliance Kit, which will guide you step by step.

NOTE: The details in this blog are provided for informational purposes only. All answers are general in nature and do not constitute legal advice. If legal advice or other expert assistance is required, the services of a competent professional should be sought. The author specifically disclaims any and all liability arising directly or indirectly from the reliance on or use of this blog.