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Labor Department Publishes Four New FLSA Opinion Letters

20-186 | 18 Sep 2020
The Department of Labor recently released four new opinion letters interpreting application of the Fair Labor Standards Act to various scenarios, including guidance on the “fluctuating workweek” method of calculating overtime pay and whether highly paid corporate trainers can be treated as overtime-exempt professionals.

Federal Contractor Minimum Wage To Increase From $10.80 to $10.95 an Hour Beginning on January 1, 2021

20-185 | 18 Sep 2020
Under an Executive Order issued by President Obama in 2014 that is still in effect, federal contractors with certain specified contracts must pay employees working on those contracts a special minimum wage of $10.80 compared to the standard federal minimum wage of $7.25 an hour. The E.O. requires the Labor Department to adjust this contractor minimum wage upwards each year to account for inflation, and DOL announced recently that it will go up to $10.95 on January 1.

EEOC Approves Issuance of “Formal” Opinion Letter Clarifying Agency’s “Pattern Or Practice” Authority

20-184 | 18 Sep 2020
In what we view as a positive development consistent with Title VII’s statutory language, the EEOC Commissioners have issued a so-called formal opinion letter which clarifies the agency’s authority for bringing class-based “pattern or practice” cases.

MEMBER FEEDBACK REQUESTED: OFCCP Seeking Formal Approval To Implement Online “AAP Verification Portal”

20-183 | 17 Sep 2020
Following up on a 2018 agency Directive, OFCCP announced this week that it is ready to implement an online “AAP Verification Portal” that among other things would require all covered federal contractors to certify that they have prepared their required affirmative action plans.

OFCCP Posts New Scheduling Lists Targeting 2,450 Federal Contractor Establishments for Compliance Evaluations Starting in Late October

20-182 | 15 Sep 2020
OFCCP’s just-posted online “advance notice” lists target nearly 2,500 federal contractor establishments for compliance audits in the coming months, including a large number for yet-to-be approved “promotion” and “accommodation” focused reviews. The online scheduling list replaces the advance notice letters that OFCCP used to send out.

CWC’s Guide to Accounting for Remote Employees in Your Affirmative Action Programs (AAPs)

20-181 | 11 Sep 2020
Among other things, the coronavirus pandemic has led to a large increase in the number of employees who now telework. That in turn has raised questions for federal contractors as to how those employees should be accounted for in the company’s AAPs. Our memo provides guidance on what OFCCP requires.

Federal Trial Court Rules in New York v. Scalia That Key Provisions of Labor Department’s New FLSA “Joint Employer” Regulations Are Invalid

20-180 | 11 Sep 2020
A federal trial court this week invalidated major portions of the regulations issued by the Labor Department earlier this year clarifying the test for determining joint employment under the Fair Labor Standards Act, thus taking away some of the certainty the revised regulations gave employers as to how DOL will enforce the law.
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