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Workplace Trends

Study shows impact of college majors on gender pay gap. An analysis from Glassdoor shows how mens and womens college majors contribute to the average gender pay gap in the early stages of their careers. The study, The Pipeline Problem: How College Majors Contribute to the Gender Pay Gap, shows how the way men and women tend to sort into different majors affects pay within the first five years after graduation. The analysis shows an 11.5% average pay gap among new grads in the early years of their careers. Even with the same degree, men and women often sort into different jobs that pay differently. For example, the analysis found that the major leading to the largest average pay gap is healthcare administration, with a 22% pay gap. The three most common healthcare administration jobs men take after college are implementation consultant, quality specialist, and data consultant. The three most common jobs women take after earning the same degree are the lower-paying administrative assistant, customer care representative, and intern positions.

When and how long can minors work?

The U.S. Department of Labor (DOL) and the Industrial Commission of Arizona (ICA) are charged with the enforcement and administration of youth employment laws. There are some specific exemptions, but youth employment laws generally place three kinds of restrictions on child labor. First, they regulate the types of jobs that minors can perform. Second, they regulate the number of hours that some minors can work. Third, they restrict minors from working "unsuitable" times of day. If there is a difference between federal and state law, the more restrictive provision applies and should be followed by employers.

Why your company needs an antibullying policy

Bullying in the workplace is a common occurrence that's often ignored or overlooked by management. Sometimes it may be ignored because, unlike sexual harassment, there's usually no legal requirement that an organization have an antibullying policy. It also may be overlooked because leaders take a hands-off approach, believing employees should work out their own issues. It may sometimes be ignored because more than 70 percent of bullies in the workplace are the bosses, according to the Workplace Bullying Institute.

Trump's FY 2018 budget would cut some enforcement agencies heavily

The Trump administration is proposing to reduce the U.S. Department of Labor's budget by $2.4 billion for fiscal year (FY) 2018, from $12.1 billion to $9.7 billion. That would represent a 20% reduction in the DOL's budget, with most of the cuts coming from workforce training programs.

House passes ACA replacement: potential pros and cons for employers

On May 4, 2017, the U.S. House of Representatives narrowly passed the American Health Care Act (AHCA), a budget reconciliation bill that would partially repeal and replace the Affordable Care Act (ACA). The AHCA includes essentially the same provisions related to employer-sponsored group health plans (GHPs) as an earlier version of the legislation that House Speaker Paul Ryan withdrew from a floor vote in March. The May 4 bill also includes a new "state waiver" provision that has been interpreted by most practitioners as paving the way for GHPs to eliminate ACA-required out-of-pocket maximums (OOPMs) on in-network benefits and reinstate annual and lifetime benefit limits. But such an interpretation isn't expressly supported by the text of the AHCA, which amends a different ACA subsection than the subsection connected to GHP limits and OOPMs.

How to prepare for heightened immigration enforcement--part 2

This month, we examine I-9 compliance in light of the federal government's stepped-up immigration enforcement efforts under President Donald Trump. Employers should inventory their I-9 practices to ensure full compliance with the law. One easy way to start is by breaking down your I-9 obligations into three categories: completion, reverification, and retention.

Key provisions of DOL's fiduciary rule set to take effect June 9

Following a 60-day delay in implementation, key provisions of the controversial Obama-era "fiduciary rule" are set to take effect on June 9, 2017. The new provisions will dramatically expand the definition of who is a fiduciary under the Employee Retirement Income Security Act (ERISA) and the Internal Revenue Code in connection with retirement accounts as well as set certain standards of conduct for financial advisers.

Paid sick leave Executive Order now in effect for federal contractors

Many federal contractors believed that President Donald Trump would rescind President Barack Obama's Executive Order (EO) requiring certain federal contractors to provide 56 hours of paid leave to employees working on government contracts as of January 1, 2017. However, President Trump hasn't rescinded the EO, and it isn't clear if he will. As a result, contractors need to be ready to comply with the requirements now being placed in government contracts. Which federal contractors should be concerned about President Obama's paid sick leave requirements, and what are the requirements?

DOL reaches $726K settlement with New York City construction company

On May 3, 2017, the U.S. Department of Labor (DOL) announced that it had entered into an agreement with Design Development NYC, Inc., a design and construction company, to resolve allegations that the company violated the Fair Labor Standards Act (FLSA) by misclassifying 184 employees as independent contractors and failing to pay them overtime. In addition, the DOL claimed that the company wrongfully classified three employees as exempt under the FLSA, also denying them overtime pay. According to the DOL, the company neither admitted nor denied the allegations.

BDO v. EEOC: a refresher on maintaining privilege logs

On May 4, 2017, the U.S. 5th Circuit Court of Appeals issued a significant win to the Equal Employment Opportunity Commission (EEOC) in EEOC v. BDO, USA, LLP, an opinion that all attorneys should read as a refresher on privilege logs (documents that describe information withheld from production in a civil lawsuit under the attorney-client privilege). At issue in the case was whether the privilege log issued by BDO to the EEOC in defense of a charge of discrimination was sufficient.