Welcome to the most recent Labor and Employment Update. This summer, we are trying a new format for our updates. Rather than our larger quarterly newsletter, we will be distributing shorter updates more frequently. We have also added links to recent Labor and Employment Update articles. We hope you enjoy this new format.
The Office of Federal Contract Compliance Programs ("OFCCP") has published final standards on system compensation discrimination and voluntary guidelines for self-evaluation of compensation practices for compliance with Executive Order 11246. In the new systemic Compensation Discrimination Standards, the OFCCP for the first time has set forth the standards and methods that it will use to evaluate contractors' compensation practices during compliance reviews. The OFCCP, at last, has abandoned the pay grade theory that it used through the late 1990s to evaluate systemic compensation discrimination. Under that theory — long rejected in Title VII case law — it is assumed that employees are similarly situated for purposes of evaluating their compensation if the employer placed their jobs in the same pay grade. The OFCCP's adoption of the new Standards codifies the use of the Title VII standards employed by courts.
[full article]
In recognition of an increasingly electronic business world, the Department of Homeland Security ("DHS") has proposed an Interim Rule to allow employers to complete and retain their Employment Eligibility Verification Forms ("Forms I-9") electronically rather than in paper form. This Interim Rule, which went into effect on June 15, 2006, seeks to provide employers with greater flexibility in the completion, storage and retention of Forms I-9 required under the federal Immigration and Nationality Act. The Rule is expected to provide employers with significant cost savings.
[full article]
Identity theft is a growing concern, and employees and employers are by no means exempt from that concern. In an attempt to stem the tide of identity theft, Governor George Pataki of New York signed into law the Disposal of Personal Records Act ("the Act"). The Act will take effect in December 2006.
[full article]
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