The Nuts and Bolts of a Labor and Employment Compliance Audit
This article is the final installment in a three-part series from PilieroMazza on the major labor law issues confronting employers in 2016 and how employers can effectively surmount those challenges. Over the last few weeks, we have written about significant changes in labor compliance in 2016. In addition to being prepared for those challenges, employers should consistently evaluate their employment policies and practices to ensure compliance with the complicated web of labor and employment laws at the federal, state, and . . . Read More
Labor Compliance to Affect Contractor Eligibility For Awards of Federal Contracts in 2016
This article is the second installment in a three-part series from PilieroMazza on the major labor law issues confronting employers in 2016 and how employers can effectively surmount those challenges. Contractors pursuing federal work have a host of legal compliance responsibilities and that list keeps getting longer. Recently, the White House has focused on labor regulation initiatives including executive orders addressing sexual orientation and gender identity, minimum wages, equal pay, pay transparency, sick leave, and general labor compliance. This is . . . Read More
When Snow Days Impact Employers: Balancing Inclement Weather and the FLSA
By Julia Di Vito Winter weather can be frustrating for employers as facilities close or employees are unable to travel in to the worksite even when the worksite is open. Employers often wonder what their obligations are to pay employees during inclement weather events. The answer depends on the applicability of the Fair Labor Standards Act (FLSA) to the contractor’s employees. Employees who are not exempt from the overtime requirements of the FLSA and who are paid on an hourly . . . Read More
Employer Beware: Be Prepared for New Labor Regulations Coming in 2016
By Corey Argust This article is the first installment in a three-part series from PilieroMazza on the major labor law issues confronting employers in 2016 and how employers can effectively surmount those challenges. The Fair Labor Standards Act (“FLSA”) is quite possibly the labor law that employers grapple with more than any other. The regulations can be murky at best when actually applied and the price tag for running afoul of the regulations is staggering. Aside from the ever-vigilant and . . . Read More
Mastering Price Adjustments for Increases in the Contractor Minimum Wage
The Department of Labor (DOL) recently announced that the applicable minimum wage rate to be paid to workers performing work on or in connection with Federal contracts covered by Executive Order 13658 (the “Order”) will increase from $10.10 to $10.15 per hour beginning January 1, 2016. The intent of the Order was not that contractors would have to bear the increase but that they would be eligible for an adjustment to their contract price based on the resulting increase in . . . Read More
The 10 Most Common Mistakes in Employment Handbooks That Can Lead to Legal Liability
In this article, we decided to focus on 10 common mistakes that can expose your company to potential legal liability: Using a “one-size fits all” approach. It’s tempting to use a handbook template you find online as your own. It may be okay to use one as a place to start, but you should not rely on a template when drafting a handbook. Each business is unique with different policies and workforces, not to mention each may be subject . . . Read More
NLRB Ruling Expands Contractors’ Liability for the Actions of Subcontractors
By Corey Argust In an August 27, 2015 split decision, the National Labor Relations Board (“NLRB”) announced a new standard for determining when businesses will be considered to be “joint employers,” significantly expanding the scope of joint employer liability. Under this dramatic shift away from 30 years of NLRB precedent, prime contractors will be more readily held liable for their subcontractors’ labor law violations and they may be obligated to bargain with unions seeking to represent subcontractors’ employees. The NLRB’s . . . Read More
The Shutdown Top 10: Things You Should Know About Employment Law Before You Send Employees Home
With a possible federal government shutdown looming, many contractors will face difficult employment decisions. If your company could be facing theses decisions, keep in mind the following labor and employment issues that could expose your company to liability: Don’t risk exemptions under the Fair Labor Standards Act (FLSA). Employers should exercise caution so as not to risk losing an employee’s exempt status that may trigger liability for overtime hours the employee worked prospectively and retrospectively. An exempt, salaried employee is . . . Read More
President Obama Follows States’ Lead in Establishing Paid Sick Leave
While you were soaking in the final days of summer this Labor Day, President Obama used the occasion to sign Executive Order (EO), “Establishing Paid Sick Leave for Federal Contractors.” The EO provides that, beginning on January 1, 2017, executive agencies include a provision in new contracts, contract-like instruments and solicitations, requiring Federal Contractors provide 1 hour of sick leave for ever 30 hours worked by an employee. The EO tasks the Secretary of Labor with issuing regulations on or before September 30, 2016. Contractors can expect . . . Read More
“Fair Pay” Rules Just Aren’t Fair
Women Impacting Public Policy (WIPP) recently submitted comments on proposed regulations that would require federal contractors to disclose labor violations from the past three years. This blog accompanies those comments as a summary of WIPP’s position. For more details or if this impacts your business, I encourage you to read the full comment here . Last summer, President Obama issued an Executive Order with the goal of barring bad companies from winning federal contracts. WIPP, along with most in the contracting . . . Read More