In today’s edition of OFCCP Week in Review, John C. Fox and Candee Chambers discuss the NLRB’s recent conclusion that student teaching assistants are Common Law Employees, and the USDOL’s publication of the Fair Pay and Safe Workplaces final guidance–including acknowledgement of DirectEmployers’ comments.
In today’s edition of OFCCP Week in Review, John C. Fox and Candee Chambers discuss the criticism the EEOC’s EEO-1 Pay Data Collection Proposal is receiving from three prominent senior U.S. senators, as well as what predictions can be made about this particular proposal after the November election.
The OFCCP’s definition of “similarly situated” for the purposes of evaluating compensation differences in its new sex discrimination regulations is so broad that it provides little guidance for federal contractors and goes beyond Title VII standards, two attorneys who handle OFCCP compliance matters recently told Employment Law Daily. The final rule, published in the Federal Register on June 15, 2016 (81 FR 39108-39169), replaces the guidelines at 41 CFR Part 60-20 with new sex discrimination regulations. The regulations, which implement the prohibition against sex discrimination contained in Executive Order (EO) 11246, took effect on August 15, 2016. Section 60–20.4(a) of the new regulations prohibits contractors from paying “different compensation to similarly situated employees on the basis of sex.” But the standard to which the OFCCP will hold contractors in assessing exactly which employees are “similarly situated” is far from clear, the attorneys stated.
In this edition of DirectEmployers’ OFCCP Week In Review, Alexa Morgan of Fox, Wang & Morgan P.C. joins John C. Fox and Candee Chambers to share information regarding the small reversal of North Carolina’s controversial “Bathroom Bill,” as well as the EEOC’s new efforts to combat alleged religious discrimination in the workplace.
