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BT Currents - Hot Topics in Employment Law
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03 Nov 2017 EEOC Complaint Inquiries Now a Click Away With New Public Portal

  The U.S. Equal Employment Opportunity Commission (EEOC) announced on Nov. 1 its new online portal available for individuals to submit discrimination and retaliation inquiries. Previously, prospective complainants either called a toll-free number or contacted a field office.   Individuals can subsequently use the public portal to digitally sign and file a charge of discrimination the EEOC has prepared for them.   An individual can use the portal to upload documents, agree to mediation, receive messages and schedule appointments, and check on the status of…

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30 Aug 2017 OMB Immediately Stays Revised EEO-1 Form, Including Pay Data Collection

  In a move that affects every U.S. business with 100 or more employees (and federal contractors with 50 or more employees), the federal Office of Management and Budget (OMB) has leveraged the Paperwork Reduction Act (PRA) to direct the EEOC to immediately stay the effectiveness of the EEO-1 form issued Sept. 29, 2016, that included new data requests for wages and hours worked.   For fiscal year 2017, businesses will use the previously approved EEO-1 form to comply with reporting obligations that track race/ethnicity…

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11 Jul 2017 U.S. Department of Labor Abandons Obama Overtime Rule

  On June 30, the U.S. Department of Labor told the U.S. Court of Appeals for the Fifth Circuit that it intends to abandon the Obama overtime rule, but pursue new rule-making to set a more reasonable salary level. The department asked the Fifth Circuit to confirm is ability to set a minimum salary level through rulemaking. The department told the Fifth Circuit it would not initiate new rulemaking until the court affirms its right to set a minimum salary level – so timing remains uncertain.  …

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05 Jun 2017 Are You Recording This Conversation?

  Most of us expect to engage our colleagues without concern that our workplace conversations are secretly recorded. However, today everyone has a smartphone that readily allows for spontaneous photographic, video, and audio recording.   Until recent times, attorneys generally advised clients that it was appropriate to insist that workplace conversation not be recorded. Employers took the position that a team culture did not support recording conversations; colleagues need to be able to speak freely with each other at work.   That argument just lost-out…

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23 May 2017 OSHA Delays July 1 Electronic Reporting Requirement

  Authored by Don Lawless, Mark Kittaka and Patricia Ogden   Last week, the federal Occupational Safety and Health Administration (OSHA) announced that it “is not accepting electronic submissions of injury and illness logs at this time, and intends to propose extending the July 1, 2017 date by which certain employers are required to submit the information from their completed 2016 Form 300A electronically.” No additional detail or explanation was provided. OSHA states that additional updates will be posted to the agency’s recordkeeping website when they become…

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