With the election of President Trump, we have begun to see the removal of undocumented aliens from the country. Many of our clients are seeing removal operations occurring in major cities being reported daily in the news. We have received numerous calls from clients who are concerned about the possibility of enforcement actions by ICE
Schaun D. Henry
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The Pendulum Has Swung – Changes for Federal Contractors Under the Trump Administration
By Langdon Ramsburg & Schaun D. Henry on
Posted in Uncategorized
Since 1965, federal contractors have been required to take affirmative action to ensure that they are not discriminating against employees. The affirmative action requirement stemmed from an executive order (11246) issued during the Johnson Administration. That executive order related specifically to taking affirmative action to avoid discrimination on the basis of sex, race, and ethnicity. …
Have you filed your EEO-1 2023 Report? There’s still time!
By Schaun D. Henry on
Posted in Employer Liability
EEO-1 reports were due on June 4, 2024. If you have not yet filed your report, you should do so as soon as possible. The EEOC has provided a late filing deadline of July 9, 2024 to file your 2023 reports. After that date, the opportunity to file will be lost. Failure to file your…
NLRB Orders Employers Must Prove the Need for Personal Conduct Rules
By Schaun D. Henry on
Posted in Employer Liability, Workplace Compliance
On August 2, 2023, the National Labor Relations Board reversed precedent on the issue of work rules that proscribe employee personal conduct. In Stericycle, the Board reversed and remanded an ALJ’s decision that found the employer violated Section 8(a)(1) by maintaining work rules addressing personal conduct, conflict of interest, and confidentiality of harassment complaints.…
New I-9 Form and Updated Compliance
By Schaun D. Henry on
Most of our readers are aware of the fact that the COVID era policy which allowed employers to remotely examine documentation provided by employees for completing the form I-9 ended as of July 31, 2023. All employers will now have until August 30, 2023 to physically examine the I-9 documentation presented by the employees who…
Supreme Court Decision on Race in School Admissions Won’t Impact Contractor Affirmative Action Requirements
By Schaun D. Henry on
Posted in Affirmative Action
In a 6-3 ruling, the U.S. Supreme Court in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College all but banned the use of race as a factor in college admissions. The majority opinion turned on the idea that race-based admissions violated the Equal Protection Clause of the U.S. Constitution. Twenty years…
NEW I-9 FORM REQUIRED MAY 1, 2020 – RELAXED STANDARDS FOR EMPLOYER REVIEW OF EMPLOYEE DOCUMENTS REMAINS IN EFFECT
By Schaun D. Henry on
I-9 Form
With all the changes to business operations due to COVID-19, it is still important that we pay attention to the non-COVID-related changes that continue to occur in the employment world. The new I-9 form has been around since January 31, 2020, and its use has been voluntary until now. As you know, however,…
EEO1 Component 2, Pay Data Analysis Becomes A Reality
By Schaun D. Henry on
Posted in Affirmative Action, Discrimination & Harassment
By now, you are no doubt aware that the long-debated pay data component (“Component 2”) to the EEO1 Report is a requirement for this year’s reporting. The requirement first surfaced in 2016 but was the subject of repeated litigation that kept it from being implemented. Now, the EEOC has stated that it will open a…
I-9 Compliance is Now A Lot Easier
By Schaun D. Henry on
For years, employers have struggled with properly completing the requirements of the I-9 Form. Every employee hired after November 6, 1986 must have an I-9 Form on file with the employer. The Form is proof that the employer has examined documents sufficient to establish the employee’s right to work in the United States. While the…
Revised EEO-1 Requirements Give EEOC New Window into Your Employment Practices
By Schaun D. Henry on
Employers with more than 100 employees and federal contractors are probably more than familiar with the EEO-1 reporting requirements, but those requirements are about to change. On July 13, 2016, the Equal Employment Opportunity Commission published a revised version of a proposed rule to broaden the scope of data collected in the EEO-1 report. Earlier…