2017 Federal Labor Law Updates Todd Bromberg

Transcription

1 2017 Federal Labor Law Updates Todd Bromberg

2 A New Cast of Characters New DOL Secretary Alexander Acosta New EEOC Chair Acting Chair: Victoria Lipnic Trump s Nominees: Janet Dillon and Daniel Gade OFCCP Director Acting Director: Deputy Director Thomas Dowd

3 The Slow Trickle of Appointments Surprisingly slow pace of appointments across all federal agencies; not unique to labor EEOC General Counsel: Vacant Numerous DOL Assistant Secretary Positions (OSHA, MSHA, ODEP, etc) Acting or Vacant WHD: Acting Bryan Jarrett; Pending: Cheryl Stanton

4 The Salary Threshold What was planned? The annual salary threshold for exempt positions would have more than doubled from $23,660 to $47,476 Rationale: Outdated expanding the number of workers who qualify for overtime pay should be updated What happened? 1. Nov temporary injunction 2. August 2017 permanent injunction; DOL will not appeal 3. New DOL Proposed Rulemaking

5 Administrator Interpretations Guidance on Independent Contractor Analysis and Joint Employers Withdrawn Signaling big change in enforcement position

6 EEO 1 Pay Reporting What was planned? Covered employers would submit W 2 comp. data & hours worked data in 12 EEOCdesignated pay bands change snapshot data collection period for reporting to Oct. 1 Dec. 31 change EEO 1 filing deadline for 2017 to March 31, 2018 Why? [To] assist the agency in identifying possible pay discrimination and assist employers in promoting equal pay in their workplaces.

7 What s Still Left Previously approved EEO 1 form which collects data on race, ethnicity & gender by occupational category No change to 2017 EEO 1 report filing deadline March 31, 2018.

8 The Merger May 23, 2017 White House Proposed Budget to create one agency to combat employment discrimination. OFCCP and EEOC will work collaboratively...will reduce operational redundancies, promote efficiencies, improve services to citizens, and strengthen civil rights enforcement.

9 The Merger Criticisms 73 civil rights groups AND the U.S. Chamber of Commerce oppose Limiting the resources and reach of two traditionally separate agency functions Senate Appropriations Bill of September 7 signals that this is a no go (for now).

10 OFCCP s Budget FY 2017 Budget: $105 million Headcount Reduction 571 > 440 FTEs White House Proposed Budget: $88 million. House Bill: $94.5 million. Senate Appropriations Bill: $103.5 million. Death by a thousand small lashes

11 A more perfect union? Discussion Held at 2017 ILG National Conference Keynote address given by Thomas Dowd. Asked all of OFCCP Regional Directors to attend conference so they could hear from contractor community directly. Transparency and direct communications with contractors were two big themes Training Program

12 What Remains Current Aggressive OFCCP Approach to Compensation Audits OFCCP Directive 307 re: Compensation Review Framework E LGBT Protections EO Paid Sick Leave for Covered Contractors EO Minimum Wage Increased for Covered Contractors EO Pay Transparency Posting / Non Retaliation

13 Other developments OFCCP still aggressive September $5 million settlement with State Street New composition of NLRB likely reversing work of prior administration DOJ s New Stance on Title VII Protection for Gender Identity SCOTUS appears ready to deal blow to public unions

14 Questions or Comments? Todd Bromberg, Esq. Wiley Rein LLP Washington, DC