In the news... Portland expands their Ban-the-Box law, OSHA has new anti-retaliation rules for reporting accidents and injuries, and starting in 2018 the EEOC will require additional information on the EEO-1 report. We also discuss news regarding arbitration agreements and help clarify the DOL's new rules surrounding paid sick leave!
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Are You Prepared for the New OSHA Reporting and Anti-Retaliation Requirements?
The new rules require large employers (250 or more employees) and employers in high hazard industries (with 20 to 249 employees) to electronically submit OSHA 300 Log information to OSHA for posting on the OSHA website.
The rule requires employers to implement procedures for reporting work-related injuries that do not discourage employees from reporting, and allow citations for unsigned and improperly completed OSHA 300 Logs.
The most significant impact for employers will be the anti-retaliation provisions, which will effect post-accident drug-testing policies. UEA is hosting a Safety Workshop on October 20th to help UEA Members prepare for the changes. See the side bar for more information!
Beginning in March 2018, the Employer Information Report, commonly known as the EEO-1 Report, will require employers with more than 100 employees to include the collection of summary pay data in their reports. This gives employers 18 months to prepare!
The new data will help the Equal Employment Opportunity Commission (EEOC) determine possible pay discrimination, which remains a contributing factor to persistent wage gaps, according to the EEOC announcement.
To determine if there are patterns of pay discrepancy between employees, employers can use published aggregated data to compare or benchmark their own data with data from other employers in their industry or geographical area. Employers should plan on paying closer attention to pay and salary surveys, so they can compare their practices to others in their industries and prevent issues with the EEOC.
Employers commonly require new employees to execute arbitration agreements as a condition of employment. In most instances, such arbitration agreements contain class/collective action waivers, which provide that any employment-related disputes be adjudicated through arbitration and the employee waives his or her right to file or participate in any class/collective action in court.
Most circuits uphold waivers of class action lawsuits in arbitration agreements. Now, the seventh circuit has changed course, and class action waivers in arbitration agreements hang in the balance. The seventh circuit's decision has created a chasm that only the Supreme Court will be able to set straight.
Employers need to keep abreast of what happens next. It is likely that most employers who use arbitration provisions in their contracts have embedded in them a bar against class action suits. Should the supreme court decide the NLRA overrides the FAA, employers will not only need to correct arbitration provisions, but also pay close attention to all sorts of employment laws and comply carefully.
Federal Contractors Must Now Provide Paid Sick Leave!
On September 29, 2016, the U.S. Department of Labor (DOL) issued the final rules implementing President Obama's Executive Order 13706 ("Final Rule") requiring federal contractors and subcontractors to provide certain employees with up to seven days of paid sick leave annually, including leave for family care and absences related to domestic violence, sexual assault and stalking.
The Final Rule will apply to certain types of federal contracts and subcontracts entered on or after January 1, 2017.
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