Our Blog
Clarity on COVID-19
We have an additional item this week in relation to COVID-19. The Equal Employment Opportunity Commission (EEOC) released an article on May 15, 2023, stating that they had made several updates to their COVID-19 technical assistance document.
Rehabilitation Act
The Rehabilitation Act of 1973 applies to federal agencies, federal employers, programs receiving federal financial assistance, and federal contractors and subcontractors.
Pregnancy Workers Fairness Act
The Pregnant Workers Fairness Act (PWFA) is effective June 27, 2023, and requires that covered employers provide reasonable accommodation to limitations due to pregnancy, childbirth, or related medical conditions.
Intermittent Leave
Can an employer discipline or terminate an employee for repeated tardiness? A recent case serves as a reminder that disability accommodation requirements may apply, and failing to comply can result in significant legal and financial consequences.
Contractor Portal – OFCCP
Federal contractors must certify OFCCP Affirmative Action Program (AAP) compliance to avoid increased scrutiny and potential scheduling letters.
Paid Medical Leave Bill
As of February 15, 2023, only one Human Resources-related bill, which relates to the public employee pension maximum (HB 106), has passed the House. Nothing HR related has passed the Senate, even though there are over 400 bills in each of the areas as of the 15th.
EEOC Strategic Plan
Stay informed on EEOC enforcement trends, including artificial intelligence, the Pregnant Workers Fairness Act, and employment compliance.
EEOC’s “Know Your Rights”
The EEOC recently sent a notice that they have published a new “Know Your Rights” poster, replacing the old “EEO is the Law Poster,” and has a QR code that links directly to instructions on how to file a charge.
Minimum Wage Rates for 2023
As a reminder, the current minimum wage for the State of New Mexico is $12.00 effective January 1, 2023. In addition, as of January 4, 2022, there were already sixteen pre-filed bills, at the New Mexico Legislature, two of which are related to minimum wage.
Employee Retention
Employees are an organization’s greatest asset and their greatest overhead. While the cost of
replacing an employee can vary depending on the organization and the position; there are both
direct and indirect costs associated with turnover, resulting in a very expensive result.
EEOC Employee Categorization
Last week, I reported that the Equal Employment Opportunity Commission (EEOC) had held its last listening session on its proposed strategic plan. The listening session included comments from multiple parties, including the Society for Human Resource Management (SHRM).
EEOC Roundtable
Last week, I reported that the Equal Employment Opportunity Commission (EEOC) had held its last listening session on its proposed strategic plan. The listening session included comments from multiple parties, including the Society for Human Resource Management (SHRM).
Tribal Employment Rights Offices & The EEOC
On January 26, 2021, President Biden issued a memorandum related to Executive Order 13175, which encourages collaboration with tribal officials on Federal TERO and the EEOC.
EEOC & OFCCP Roundtable
Southwestern HR Consulting (SWHRC) previously shared that the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs (OFCCP) were going to be hosting a roundtable regarding how automated technologies affect DEI and accessibility.
Changes in I-9 Temporary Extensions
In March 2020, the US Department of Homeland Security (DHS) announced temporary changes to in-person documentation on the Employment Eligibility Verification (Form I-9) to waive the requirement of physical inspection for employees working exclusively from a remote setting.
Artificial Intelligence (AR) Hiring
If you are using artificial intelligence to weed out applicants, you want to ensure that the system you use does not disqualify qualified applicants. Not only do you want to ensure you are able to consider all qualified applicants during this challenging hiring period, but if you are a federal contractor, you will have hiring and documentation requirements.
Department of Labor Audits
The Department of Labor (DOL) recently released information on two similar cases. A roofing contractor received safety warnings in February 2022 from a federal safety inspector regarding fall protection standards.
OFCCP AAP Portal
If you are a federal contractor, you know that there are a variety of terms and conditions that come with this role. Current contractors were required to register on June 30, 2022, through the Office of Federal Compliance Programs (OFCCP) Contractor Portal to certify their Affirmative Action Plan’s compliance with regulations.
Will Salaried Employees Be Eligible for Overtime?
Southwestern HR Consulting (SWHRC) previously reported that the Department of Labor (DOL) was holding listening tours last spring regarding the potential for changes to the exemption status under the Fair Labor Standards Act (FLSA).
EEOC Determination
The EEOC published a determination that a business in Florida that was collecting COVID-19 results from employees’ family members violated the Genetic Information Non-discrimination Act.
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