EEOC & FTC Offer Guidance on Background Checks

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On March 10, 2014, the EEOC and the Federal Trade Commission (“FTC”) co-published two technical assistance documents that explain how the agencies’ respective laws apply to background checks performed for employment purposes. One document is for employers (What Employers Need to Know and Background Checks); the other is for job applicants and employees (Background Checks: : What Job Applicants and Employees Should Know). This is the first time that the two agencies have partnered to create resources addressing concerns in this key area.

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EEOC Issues Religious Dress & Grooming Guidance

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On March 6, 2014, the Equal Employment Opportunity Commission (“EEOC”) released two publications offering technical assitance on workplace rights and responsibilities with respect to religious dress and grooming under Title VII of the Civil Rights Act of 1964.

The question-and-answer guide, entitled “Religious Garb and Grooming in the Workplace: Rights and Responsibilities,” and an accompanying fact sheet, provide a discussion of the applicable law, practical advice for employers and employees,

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White House Releases Proposed Budget for 2015

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Earlier this week the White House released its proposed budget for fiscal year 2015.  The budget proposes several increases for employment-related agencies:

  • The Wage and Hour Division of the Department of Labor would receive an additional $41 million over the amount requested for 2014
  • The Office of Federal Contract Compliance Programs would receive an additional $3 million
  • The Office of Labor-Management Standards would receive an additional $2 million
  • OSHA would receive an additional $13 million
  • The National Labor Relations Board would receive $3 million more
  • The EEOC would receive about $2 million more

A significant portion of the proposed increases is slated for enforcement activities.

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President Obama Increase Minimum Wage for Federal Contractors

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As promised in his State of the Union address, President Obama recently issued an Executive Order increasing the minimum wage for federal contractors.  The new minimum wage of $10.10 per hour will go into effect on January 1, 2015.  The Order also provides for subsequent increases to the minimum wage that are tied to increases in the Consumer Price Index, in an amount to be determined by the Secretary of Labor.

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OFCCP Offers Section 503 and VEVRA Guidance

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On February 21, 2014, the Office of Federal Contract Compliance Programs (“OFCCP”) posted new information and resources on its Web site to assist federal contractors with outreach and recruitment targeting individuals with disabilities, employing and retaining individuals with disabilities, promoting self-disclosure as a person with a disability, assistive technologies that help change corporate culture, and reasonable accommodation. Several of the new items are listed below.

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Be Careful What You Post on Facebook

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A United States District Court Judge recently punished an employee with sanctions for deleting his facebook account.  The employee was involved in a workplace accident caused by a third party.  He claimed that the accident permanently disabled him and significantly impacted his business, physical, and social activities.

The defense asked him for his facebook login information, and the judge eventually ordered the employee to release the information to the opposition.  Apparently the defense attorneys had caught wind that the employee had made several posts on his facebook account about his social,

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