As if it weren’t already clear that employers will be receiving only lumps of coal in their stockings from the National Labor Relations Board (NLRB) this year (see e.g., here and here), on December 8, 2023, the NLRB’s General...more
In case the National Labor Relations Board’s recent decisions and the Federal Trade Commission’s new proposed rule on non-competes haven’t given employers enough to think about in the new year, companies with federal...more
1/10/2023
/ Artificial Intelligence ,
Audits ,
Compensation ,
Contractors ,
Federal Trade Commission (FTC) ,
NLRB ,
Non-Compete Agreements ,
Non-Discrimination Rules ,
OFCCP ,
Policies and Procedures ,
Proposed Rules
Picture this: A long-time employee with serious health conditions regularly uses Family Medical Leave Act (FMLA) leave each year. In some years, the employee uses only 10 hours of leave per year; in others, he uses hundreds...more
Those familiar with federal contracting requirements know that federal contractors and subcontractors who meet certain jurisdictional thresholds (collectively “contractors”) are required to prepare an affirmative action plan...more
Earlier this year, we wrote about the U.S. Court of Appeals for the Seventh Circuit’s decision in White v. United Airlines, Inc., in which the court concluded that paid military leave falls within the “rights and benefits”...more
As previously reported, on September 22, 2020, President Trump issued Executive Order 13950 on Combating Race and Sex Stereotyping (Order), which barred federal agencies, federal contractors, and recipients of federal grants...more
Over the course of the past three months, the EEOC and Department of Labor have published a plethora of responses and updates to frequently asked COVID-19 questions. Topics have ranged from paid leave requirements under the...more
Given the pace of change in the automotive space and related technologies, combined with increasing regulatory scrutiny and recent developments in trade and M&A, the global automotive industry can anticipate several risks and...more
1/23/2019
/ Acquisitions ,
Antitrust Violations ,
Automotive Industry ,
Cybersecurity ,
Employer Liability Issues ,
Foreign Corrupt Practices Act (FCPA) ,
Intellectual Property Protection ,
International Labor Laws ,
Manufacturers ,
Mergers ,
NAFTA ,
NHTSA ,
Supply Chain ,
Tariffs ,
Trade Relations ,
Transportation Industry ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA)
In response to town hall meetings held late last year, the OFCCP has taken a number of actions geared toward addressing some of the contractor concerns discussed during those meetings. In particular, several of the directives...more
Foley’s Automotive Industry Team has prepared this report examining what the litigation, enforcement and regulatory landscape is likely to look like in 2018 and beyond. Inside, you will learn about:
Managing warranty,...more
1/23/2018
/ Acquisitions ,
Auto Warranties ,
Automotive Industry ,
Connected Cars ,
Contract Terms ,
Cybersecurity ,
Driverless Cars ,
Emerging Technology Companies ,
Employer Liability Issues ,
Equal Pay ,
Merger Controls ,
Mergers ,
Motor Vehicles ,
NHTSA ,
Sexual Harassment ,
Suppliers
Employers everywhere have been repeatedly warned not to automatically terminate employees who have exhausted their Family and Medical Leave Act (FMLA) leave. Instead, employers should first consider whether the employee might...more
Imagine a scenario where an employer hires two individuals – a male and female – to fill two identical jobs (i.e., same job qualifications and same job duties). Both individuals satisfy the educational, skill, and other...more
It hasn’t taken long, and if there was ever any wonder, it’s been put to rest. In the first weeks of the Trump administration we’ve seen wide-reaching philosophical shifts. But how will those shifts impact labor and...more
Friday we took a look at two important labor and employment questions for automotive employers and suggested next steps to consider during 2017. Today we’ll examine questions three and four....more
2/16/2017
/ Automotive Industry ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Duty to Accommodate ,
E-Verify ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Eligibility Verification ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Form I-9 ,
H-1B ,
Hiring & Firing ,
L-1 ,
LGBTQ ,
Paid Sick Leave Act ,
Sexual Orientation ,
Strategic Enforcement Plan ,
Title VII ,
Trump Administration
Foley’s Automotive Industry Team has prepared this report that examines what the litigation, enforcement, and regulatory landscape will look like in 2017. Inside, you will learn about:
- Managing warranty, recall, and...more
1/13/2017
/ Antitrust Violations ,
Automobile Recall ,
Automotive Industry ,
Compliance ,
Connected Cars ,
Contract Disputes ,
Cybersecurity ,
Employer Liability Issues ,
Federal Contractors ,
NHTSA ,
Safety Standards ,
Small Business ,
Trump Administration ,
Warranties
A trio of recent court decisions staying implementation of the controversial persuader rule, most of the much-criticized Fair Pay and Safe Workplaces (“FPSW”) executive order, and the Department of Labor’s highly publicized...more
12/16/2016
/ Arbitration ,
Barack Obama ,
Department of Labor (DOL) ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
Labor Law Violations ,
Minimum Salary ,
Notice Requirements ,
Over-Time ,
Paycheck Transparency ,
Persuader Rules ,
Preliminary Injunctions ,
Subcontractors ,
White-Collar Exemptions
As we reported previously, enforcement of equal pay laws and remedying of pay disparities continue to be top priorities for the U.S.Equal Employment Opportunity Commission (EEOC) and U.S. Office of Federal Contract Compliance...more
7/20/2016
/ Attorney-Client Privilege ,
Comment Period ,
Data Collection ,
Disparate Treatment ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
OFCCP ,
Pay Discrimination ,
Proposed Regulation ,
Reporting Requirements ,
W-2 ,
Wage and Hour
Earlier this year, the final rule and guidance regarding President Obama’s controversial Fair Pay and Safe Workplaces (also known as the “Blacklisting”) executive order — which requires companies and organizations seeking...more
7/13/2016
/ Corporate Counsel ,
Disclosure Requirements ,
Executive Orders ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
Final Rules ,
Labor Law Violations ,
Memorandum of Guidance ,
NLRB ,
OMB ,
Reporting Requirements
For months, employers have been anxiously awaiting the Department of Labor’s (DOL’s) final rule on exemptions from overtime under the Fair Labor Standards Act (FLSA) and wondering whether the DOL would pass the rule as...more
On March 1, 2016, the Wisconsin Supreme Court issued its long-awaited decision in UFCW v. Hormel Foods Corp., 2016 WI 13 (March 1, 2016). Unfortunately, many are wondering if the decision will provide useful guidance for...more
Most employers are aware of, and comply with, the requirement to include information about employees’ rights and obligations under the Family and Medical Leave Act (FMLA) in employee handbooks or other written policy...more
It is the Tuesday after a long holiday weekend, and you are faithfully going through the pile of mail on your desk when you spy an envelope from the United States Department of Labor’s Office of Federal Contract Compliance...more
9/9/2015
/ Affirmative Action ,
Contractor Audits ,
Department of Labor (DOL) ,
Discrimination ,
Documentation ,
Employer Liability Issues ,
Federal Contractors ,
Hiring & Firing ,
Job Applicants ,
Job Promotions ,
OFCCP ,
Recruitment Policies ,
Scheduling Letters ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) ,
Young Lawyers
Most employers are well aware that the Americans with Disabilities Act (ADA) protects qualified individuals with disabilities against discrimination on the basis of disability and requires employers to provide reasonable...more
Ch-ch-ch-ch-changes. David Bowie’s familiar refrain has become the motto of federal contractors everywhere as they struggle to keep pace with the numerous regulatory changes and enforcement initiatives currently being...more
10/1/2014
/ Affirmative Action ,
Amended Regulation ,
Americans with Disabilities Act (ADA) ,
Department of Labor (DOL) ,
Discrimination ,
Employer Liability Issues ,
Enforcement ,
Federal Contractors ,
OFCCP ,
Veterans ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
Office of Federal Contract Compliance Programs (OFCCP) enforcement is meant to ensure affirmative action and equal opportunity employment for job seekers and wage earners.
The federal government spends more than $500...more