In response to heavy lobbying by the Pennsylvania Newspapers Association, Pennsylvania enacted legislation overhauling what was largely regarded as one of the worst open records laws in the country. The “Right-to-Know Law” is generally effective January 1, 2009, and applies to the public records of state and local agencies, the state legislature, municipalities
Responding to EEOC and State Agency Discrimination Charges: Five Things Every HR Generalist should know.*
The EEOC receives over 75,000 discrimination charges annually each of which requires a response by an employer. How companies respond to charges varies greatly. In the legal community there are two schools of thought on the scope of EEOC responses. The first approach follows a minimalist path under the rationale that anything sent to the EEOC
Year End Bonuses and Gifts: Watch Out for Wage & Hour Mistakes
Many employers traditionally provide year end bonuses and holiday gifts for their employees. Bonuses may be included in a nonexempt employee’s regular rate depending upon the manner in which the bonus is calculated and the company’s prior communication. Inclusion in the regular rate impacts overtime calculations and payments.
Bonuses paid to nonexempt employees are included in the
Reminder: EEO-1 Report with New Format due September 30, 2007
EEO-1 reports under the new reporting format are due at the end of the month. On line access to the form can be obtained from the EEOC website. Filing information and technical assistance are also available on line. E-mail extension requests can be made, but are not guaranteed.
There are several areas of change in
When is a “Safe Harbor” not so Safe: New Immigration Regulations for No-Match Letters
The Department of Homeland Security (DHS) issued new regulations that create a "safe-harbor" for employers who either receive a (i) no-match letter from the Social Security Administration or (ii) written notice from DHS questioning an I-9 Form. Employers who follow the protocol and timeline set forth in the regulations will not be charged with
Employment Record Retention/Destruction Policies: What not to do.
Electronic discovery promises to be a real brier patch for employers. It has already sprouted several blawgs dedicated to e-discovery topics. There are some good resources on eDiscovery Source, Electronic Discovery Law, and Sound Evidence: E-Discovery Simplified.
I have traded a series of posts and comments with fellow lawyer and blogger Rush Nigut at Rush
OFCCP Audits Focus on Systemic Discrimination
The OFCCP reports coordination of EO Surveys with statistical analysis techniques to predict "systemic discrimination" in order to target its compliance audits. The result from using data from 3,723 establishments that responded to the EO Survey, together with the findings from 2,651 completed compliance evaluations was that 89 cases of systemic discrimination were found. In 2006, the OFCCP recovered a record $51.5 million for over 15,000 workers. Of the recovery, 88% was collected for cases of systemic discrimination in the application process because of unlawful employment policy or practice.
Government contractors are selected for audit in several ways including the use of a mathematical model that predicts the likelihood of a finding of systemic discrimination. The model analyzes data from five years of OFCCP compliance evaluations to formally identify and characterize relationships between reported EEO-1 workforce profiles and findings of discrimination.
I have been involved is several of these style OFCCP audits and the approach is the same. The audit is triggered by an anomaly in a business’ EO Survey which shows a statistical disparity in either hires or terminations. For example, the percentage of minority applicants differs by more than 80% from the percentage of minorities hired (the four-fifths rule). The investigation into the disparity in the hiring process follows the road map set out in the OFCCP’s Compliance Manual as follows:
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Immigration Law Compliance: How good are your I-9s?
It starts out as a normal workday in the HR department of XYZ company…You just deleted 54 spam e-mails, listened to 27 inane voice messages, and refilled the empty coffee pot (again). You look out the window to the parking lot (because those are the types of scenic views HR managers get in the corporate hierarchy). You
Revised EEO-1 Report Required Starting September 2007
Beginning September 30, 2007, Employers who are required to submit EEO-1 Reports to the Equal Employment Opportunity Commission (“EEOC”) must do so on a new form. The EEO-1 Report collects annual data on the race, sex, and ethnicity of the workforce of private employers with 100 or more employees and certain federal contractors.
Continue Reading Revised EEO-1 Report Required Starting September 2007
Did You Know? Pennsylvania Law Highlights Section
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The Pennsylvania Employment Law Blog has added a new section which highlights and/or discusses legal situations which commonly confront human resource professionals. Click on the link titled "Did You Know? PA Employment Law Highlights" on the upper right side of the page. The short informational postings address Pennsylvania law’s impact on specific HR activities to promote compliance, proactive