On August 24, 2016, the federal government published the Federal Acquisition Regulatory Council’s Final Rule and the Department of Labor’s (DOL) Final Guidance implementing President Obama’s July 2014 Fair Pay and Safe Workplaces Executive Order 13673. The Final Rule and Guidance imposes numerous and substantial burdens on federal contractors. First, federal contractors, both prime contractors and subcontractors, bidding on new contracts with an estimated value of more than $500,000, must disclose any labor law decision rendered against them in the past three years, regardless of when the underlying conduct occurred. This reporting requirement has often been referred to as the …
OSHA Changes: Stiffer Fines for Serious and Willful Violations, New Electronic Reporting Requirements for Some Companies
OSHA is implementing new requirements that raise penalties for workplace safety violations and that mandate a series of new reporting obligations for most employers. Higher Penalties OSHA will be implementing new higher penalties for safety violations effective August 1, 2016. Although just coming into effect now, these changes have been in the works since passage of the Bipartisan Budget Act of 2015 in November of last year. Pursuant to this legislation, all federal agencies, including OSHA, were required to adjust their penalty rates to track with inflation. OSHA itself has not increased its fine schedule since 1990. For violations predating …
Have You Checked Your Workplace Notices Lately?
On July 5, 2016, the EEOC more than doubled the previous monetary penalty for failing to post required workplace notices. Under Title VII of the Civil Rights Act of 1964 (Title VII), the Americans with Disabilities Act (ADA), and the Genetic Information Non-Discrimination Act (GINA), employers are required to post notices describing certain key provisions of these laws. The notices must also be placed in a prominent and accessible location in the workplace. Failure to post the required notices means that the employer could be subject to the maximum penalty amount of $525 for each separate violation, up from the …
Important New Overtime Rules Effective December 1, 2016
On May 18, 2016, the Department of Labor announced new rules which will govern compensation for every employer in the country which is covered by the federal Fair Labor Standards Act. With a few exceptions, this includes any employer which has gross revenue of $500,000 or more. The new rules govern who is eligible for overtime. The general structure of the law has been in place since 1938 when the Fair Labor Standards Act was initially passed. The 1938 Act provides that employers are entitled to be paid time and a half for any hours worked over 40 hours in …