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UPDATE: EEO-1 Reporting Deadline Extended Until October 25, 2021

The EEOC has announced on its EEO-1 Data Collection website that it has, again, extended the deadline for filing EEO-1 Reports this year—this time to October 25. Employers still rushing to finalize and upload their 2019 and...more

The Emerging Trend In State Pay Transparency Laws

The push for pay equity has moved beyond prohibiting pay discrimination and into requiring employers encourage pay transparency for applicants and employees. At the federal level, the National Labor Relations Act can...more

Colorado Updates, Clarifies Official Pay Transparency Guidance

Months after first releasing pay transparency guidance, the Colorado Department of Labor and Employment (CDLE) has issued an update. CDLE issued final Equal Pay Transparency (EPT) Rules in November 2020. And, in December...more

Colorado Becomes Third State To Enact A Comprehensive Privacy Law

Colorado is officially the third U.S. state to enact comprehensive privacy legislation, following California and Virginia. The Colorado General Assembly passed the Colorado Privacy Act (CPA), Senate Bill 21-109, on June 8,...more

Injunction Denied: Colorado Equal Pay For Equal Work Act Stands (For Now)

Today, the United States District Court for the District of Colorado issued a long-awaited ruling on a motion to enjoin the recently enacted Colorado Pay Equity Transparency Rules. These rules were first proposed in...more

Patchwork Of Pay Transparency Laws Continues To Evolve

State legislatures continue to pass laws designed to enhance pay equity and transparency, with the laws of California and Colorado effective in 2021. The California law requires employee pay data reporting by race and gender,...more

California Publishes User Guide And Templates For Pay Data Reporting

California SB 973 requires employers that (1) file EEO-1 reports and (2) employ more than 100 employees to submit data to the California Department of Fair Employment and Housing (DFEH) annually that shows pay by race and...more

California Announces Pay Data Reporting Portal Will Open By February 15, 2021

California’s Department of Fair Employment and Housing (DFEH) continues to advance toward the March 31, 2021 pay data collection deadline. When SB 973 was passed in September, DFEH had six months to develop and implement a...more

Colorado Pay Transparency: More Guidance On Job, Promotional Posting Requirements Issued

Colorado’s Equal Pay for Equal Work Act goes into effect on January 1, 2021, and applies to all entities with at least one employee in Colorado, including public bodies, schools, and private individuals. Beginning January,...more

California Issues Additional Guidance On What Pay Data Reports Will Require

The deadline for employers to comply with California’s pay data reporting requirement (Senate Bill 973) and submit pay data to the Department of Fair Employment and Housing (DFEH) is March 31, 2021. The DFEH has launched...more

12/4/2020  /  California , DFEH , EEO-1 , Pay Data , Wage and Hour

Colorado Issues Final Rules Requiring Pay Transparency In Job and Promotional Postings

The Colorado Department of Labor and Employment (CDLE) issued its final Equal Pay Transparency Rules (EPT Rules) on November 10, 2020, with additional information on job and promotional postings. The EPT Rules go into effect...more

California Issues Guidance On New Pay Data Reporting Requirements But Leaves Some Questions Pending

At the end of California’s 2020 legislative session, Governor Newsom signed Senate Bill 973 (SB 973), which created pay data reporting requirements for employers starting in March 2021. However, the new legislation left some...more

Pay Data Reporting: California Is The Tip Of The Spear

In a continued effort to reduce gender and racial pay gaps, on September 30, 2020, California Governor Gavin Newsom signed into law Senate Bill 973, which creates massive pay reporting requirements for employers. In 2021,...more

Another Year, Another Reduced Veteran Hiring Benchmark

Under 41 CFR 60-300.45, OFCCP must publish the “national percentage of veterans in the civilian labor force” for contractors to use as a “hiring benchmark.” OFCCP’s initial veteran hiring benchmark (in 2014) was 7.2% . ...more

OFCCP’s New Scheduling Letters Result In Few Changes For Contractors

As we previously reported, OFCCP finally received approval of its new scheduling letters – and as a result federal contractors and subcontractors will be required to submit some additional information when selected for a...more

OFCCP Receives Push Back On Proposed “Religious Freedom” Protections

In August, OFCCP issued a proposed new rule to clarify aspects of a religious exemption available to federal contractors. According to OFCCP, the rule is intended to provide clarity regarding the scope and application of the...more

GAO Assesses OFCCP Progress, Agency’s Impending Request To Collect Contractors’ Annual AAPs

Since the Government Accountability Office (GAO) issued its Recommendations to Strengthen the Office of Federal Contract Compliance Programs’ Oversight of Federal Contractors’ Nondiscrimination Compliance in July 2016, OFCCP...more

Like EEO-1 Component 2, California Pay Data Reporting Stalls

With the future of the EEOC’s pay data collection efforts unclear, California’s effort to legislate its own race- and sex-based pay data reporting requirements likewise has stalled, for now. Since July, California’s Senate...more

OFCCP Releases FAQs For Campus-Type Environments

Avid readers have seen that OFCCP has been busy this summer. In August alone, the Agency attended the 2019 ILG National Conference in Milwaukee, issued FAQs on student workers, proposed a new rule regarding religious...more

OFCCP Rolls Out Changes To Its Functional Affirmative Action Plan Program

Functional affirmative action plans (FAAPs) are not new. While the regulations require AAPs be prepared on an establishment-basis, OFCCP has permitted contractors to structure their AAPs by “function” or “business unit” –...more

OFCCP Issues New Guidance On Validation, Practical Significance, And Project-Based Workers

The official rules and authority that govern OFCCP’s actions are set forth in the federal regulations at 41 CFR 60. These regulations go through notice and comment, as well as substantive review to ensure the appropriate...more

Updated Proposed Focused Review Scheduling Letters: OFCCP Still Seeks Substantive Revisions

This is the third of our series of blog posts on the Office of Management and Budget’s (OMB) July 1 request for comments on OFCCP’s updated proposed scheduling letters. For background, OFCCP first proposed changes to its...more

OFCCP Scales Back Its Proposed Changes To The Establishment Review Scheduling Letter Itemized Listing

This is the second blog post in our series discussing the Office of Management and Budget’s (OMB’s) request for further comments on OFCCP’s proposed scheduling letters and itemized listings, which were first published in...more

What’s New With The Updated Proposed Compliance Check Scheduling Letter?

In April, OFCCP proposed four new scheduling letters – one each for its establishment reviews, compliance checks, and separate but related letters for its focused reviews on Section 503 (disability) and VEVRAA (veteran)...more

California Pay Data Reporting Advances: EEOC May Not Be Alone for Long

The recent focus on the EEOC’s new Component 2 to its EEO-1 Report has been undeniable. It requires employers report on the race, ethnicity, sex, job type, pay, and hours worked data of its employees....more

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