It’s been an active year of changes since our last employment law trends webinar with Alexis C. Knapp, a board-certified attorney and shareholder at Littler, an international employment law firm. Knapp joined us once again to discuss the biggest HR compliance stories of the past year and what regulations and enforcement employers might see on the horizon.
This webinar was presented by Alexis C. Knapp on April 25, 2019.
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Changes to EEO-1 filing requirements
Even while the number of new charges filed has gone down, the Equal Employment Opportunity Commission (EEOC) has been busy reducing its backlog of cases. In some of the biggest news from this corner, the stay imposed in 2017 on the Obama-era request for pay data to be included when filing the EEO-1 was lifted in March. This means that pay information is now required by the September 2019 filing, pending further litigation.
Proposed rules amending the FLSA
Last revised nearly 60 years ago, the Fair Labor Standards Act (FLSA) is facing several possible changes that would have a significant impact on employers, chief among them joint employer and overtime regulations.
Clarification on use of FMLA leave
Recently, the DOL emphatically stated that employees do not get a choice in choosing to designate an absence as leave provided through the Family and Medical Leave Act (FMLA). This means that if an employee qualifies for leave under the FMLA, they cannot decline or delay using it in favor of using paid sick time. (Nor can employers fail to designate leave as FMLA leave once they are aware that the absence is for an FMLA-qualifying reason.)
But employers shouldn’t forget that once FMLA runs out, leave as an accommodation under the Americans with Disabilities Act (ADA) might still apply to the absence.
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