Martha Zackin

Domestic Violence under Massachusetts Law: Massachusetts Establishes New Category of Job Protected Leave

/in , , , /by

By Leigh C. Tinmouth

On August 8, 2014, Governor Deval Patrick signed into law a bill relating to domestic violence that, among other things, establishes a new category of job-protected leave for employees (the “Law”).  Effective immediately, Massachusetts employers with fifty (50) or more employees must permit employees to take up to fifteen (15) days of unpaid leave per year if they or their family members are the victims of “abusive behavior,” which includes domestic violence, stalking, sexual assault, and kidnapping.   Read more →

Martha Zackin

DOL Publishes Proposed Rule Requiring Submission of Compensation Data to OFCCP

/in , , , , /by

On August 6, the Department of Labor announced a proposed rule that would require government contractors and subcontractors to submit an annual report on employee compensation to the Office of Federal Contract Compliance Programs.   Under the terms of the proposed rule, which will be published on August 8 in the Federal Register, companies that file EEO-1 reports, have more than 100 employees and hold federal contracts or subcontracts worth $50,000 or more for at least 30 days will be required to submit  summary employee pay and demographic data on an annual basis.  If the rule is implemented in its current form, contractors and subcontractors that meet the referenced criteria will be required to submit information on W-2 compensation paid to employees categorized by sex, race, ethnicity and specified job categories, along with other information such as hours worked.

Comments to the proposed rule must be submitted by November 6, 2014.

Martha Zackin

New Executive Order Signed Requiring Federal Contractors to Disclose Employment and Labor Law Violations

/in , , , /by

By Martha J. Zackin

On Thursday July 31, Obama signed a new Executive Order requiring contractors to disclose whether there has been any administrative merits determination, arbitral award or decision, or civil judgment rendered against the contractor  within the preceding 3 years for violations of any of the following laws:

  1.  the Fair Labor Standards Act;
  2. the Occupational Safety and Health Act;
  3. the Migrant and Seasonal Agricultural Worker Protection Act;
  4. the National Labor Relations Act;
  5. he Davis-Bacon Act;
  6. the Service Contract Act;
  7. Executive Order 11246 (pertaining to affirmative action);
  8. section 503 of the Rehabilitation Act;
  9. the Vietnam Era Veterans’ Readjustment Assistance Act;
  10. the Family and Medical Leave Act;
  11. Title VII;
  12. The ADA
  13. The ADEA
  14. Executive Order 13658 (new E.O. dated February 12, 2014, establishing a minimum wage for contractors); or
  15. equivalent State laws, as defined in guidance issued by the Department of Labor.

This requirement applies to contractors bidding on a new contracts for goods or services with a value of $500,000 or above.  Contractors working under existing covered contracts are required to provide updates every 6 months.  Click here for the associated Fact Sheet, which provides a good summary of the new Executive Order.