Reminder: EEO-1 Survey must be filed by September 30th

The EEO-1 Report is to be submitted and certified by
Friday, September 30, 2016.

The Employer Information Report EEO-1, otherwise known as the EEO-1 Report, is a compliance survey report, mandated by federal law, which requires company employment data to be categorized by race/ethnicity, gender and job category. Large employers and federal contractors generally must file the EEO-1 Report annually with the U.S. Equal Employment Opportunity Commission's EEO-1 Joint Reporting Committee. 

Who Must File

The EEO-1 Report generally must be filed by:

  • Private employers with 100 or more employees (or fewer than 100 employees if the company is owned by or corporately affiliated with another company and the entire enterprise employs a total of 100 or more employees); and
  • Federal contractors (private employers) subject to Executive Order 11246 who have 50 or more employees and:
    • Are prime contractors or first-tier subcontractors, and have a contract, subcontract, or purchase order amounting to $50,000 or more; or
    • Serve as a depository of government funds in any amount; or
    • Are a financial institution which is an issuing and paying agent for U.S. Savings Bonds and Notes.

For more information, view this Fact Sheet for EEO-1 Survey Filers.

A sample copy of the EEO-1 form and instructions are available here.

Meet the Experts and Earn Re-certification Credits

Did you know that SHRM-CP and SHRM-SCP holders must earn 60 professional development credits (PDCs) within a 3-year re-certification period or retake the certification exam?  

Lyons HCM is recognized by SHRM to offer Professional Development Credits (PDCs) for SHRM-CP or SHRM-SCP holders and is offering a series of six human resources compliance seminars.

Each session will be introduced by a regional employment attorney who will provide insight on recent case law and pending decisions. Lyons Companies Director of Human Capital Management, Diane Campanile, SHRM-SCP will present re-certification content, review compliance requirements and present best practice recommendations.

The material presented will be of interest to all human resource professionals and certification is not required for attendance.

Plan to join our experts the second Thursday of each month.  Click here for more information about the series.

Training Prevents Discriminatory Behaviors

According to the Equal Employment Opportunity Commission (EEOC) the most frequent claims filed are allegations of race and sexual harassment. The reason is clear, a lack of training.

Do you offer training to your employees in the prevention of discriminatory behaviors? The cost is worth the price with the average claim settling for $500,000 (this does not include litigation costs).

For more, read this press release from the EEOC.

For information regarding training, contact us.

OSHA Rulemaking Increases Reporting Obligations

This post is provided to us by Gregory Narsh, Pepper Hamilton, LLP.

Beginning in 2017, employers will be required to affirmatively submit to OSHA whatever injury/illness information and forms they were already required to compile.

In a recent rulemaking titled “Improve Tracking of Workplace Injuries and Illnesses,” 81 Fed. Reg. 29,624 (May 12, 2016) (Final Rule), the Occupational Safety and Health Administration (OSHA) introduced new mandatory reporting obligations for certain employers and increased its scrutiny of potentially discriminatory or retaliatory policies and practices that may discourage reporting by employees of injuries or illnesses. OSHA emphasized that employers will not have to collect or maintain any new or additional data as a result of the Final Rule but will have to affirmatively submit data that previously had to be submitted only if requested. The Final Rule amends various subparts of 29 C.F.R. parts 1904 and 1902.

Click here to read Greg's full blog post.

Gig Economy

A gig economy is an environment in which temporary positions are common and organizations contract with independent workers for short-term engagements. The trend toward a gig economy has begun. A study by Intuit predicted that by 2020, 40 percent of American workers would be independent contractors.

Years ago, the motivation for classifying an employee as a contractor was to avoid paying the employer’s share of payroll taxes, or reduce other potential liabilities.  Now, the motivation is primarily ACA-based.  Regardless, the IRS, Department of Labor and other administrative agencies (state and federal) are alerted to the practice. 

The landmines for misclassifying employees as contractors are legion, but the practice nevertheless persists.  Many employers hope not to get “caught,” but the net need not capture the employer directly for there to be problems.  If the contractor is audited and a problem is discovered, we have learned recently of subsequent administrative enforcement actions against the employer for misclassifying employees as contractors.  Such employers may have liabilities beyond tax assessments.  Indeed, they may be responsible for unpaid minimum wage, overtime, and benefits.  

The “control” test remains the benchmark against which classification decisions are tested, but we have seen some rather poor efforts lately to feign contractor status.  Among these efforts are former employees who “retired” from being employees and are now performing their identical job function as a contractor for the same employer, and only for the same employer.  This is a design that is fraught with liabilities for both the employer and the “contractor,” but the employer more so.

Powered by: James McMackin, III , partner, Morris James

Webinar 5/25: How will the latest DOL overtime rules affect your business?

On May 18, 2016, the Department of Labor released its final regulations making changes to Part 541 governing overtime exemptions under the Fair Labor Standards Act (FLSA). These changes will make overtime pay appropriate for many employees not currently eligible.

Join us next Wednesday, 5/25 (9-10:30 am) for a webinar presented by Matt Maguire, Pepper Hamilton, to explore the extent of these changes and what they mean to your organization.

Key Provisions of the Final Rule

The Final Rule focuses primarily on updating the salary and compensation levels needed for Executive, Administrative and Professional workers to be exempt. Specifically, the Final Rule:

  • Sets overtime eligibility at $913 per week; $47,476 annually for a full-year worker;

  • Sets highly compensated employee exemption status at $134,004; and

  • Establishes a mechanism to automatically update salary and compensation levels every three years.

  • Amends the salary basis test to allow employers to use non-discretionary bonuses and incentive payments (including commissions) to satisfy up to 10 percent of the new standard salary level.

The effective date of the final rule is December 1, 2016.

Register today!

Overtime Eligibility

Today, the Department of Labor (DOL) released its final regulations making changes to Part 541 governing overtime exemptions under the Fair Labor Standards Act (FLSA). These changes will make overtime pay appropriate for many employees not currently eligible.

We will host a webinar with the law offices of Pepper Hamilton to review these changes as soon as possible.