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EEOC's New EEO-1 Pay Data Proposal White Paper

On July 14, 2016, the Equal Employment Opportunity Commission (EEOC) reissued its proposal for collecting compensation data for employers to add pay data to the EEO-1 employer information report. Originally released in January, there are few changes other than the deadline for the first report—now March 31, 2018, instead of the previous deadline of Sept. 30, 2017.

The goal of the new proposal is to expand the current analytic software to allow for the examination of pay disparities based on job category, pay bands, and gender, ethnicity, or race. The EEOC plans to finalize the regulation by the end of President Barack Obama's administration. Human resource information systems (HRIS) and payroll must be integrated, or new systems created, by Jan. 1, 2017 to capture data for the 2017 calendar year. The new proposal, similar to the original, recommends the use of W-2s for reporting pay data, despite strong objections from the employer community.

Some key provisions of the proposal include:

  1. Federal contractors with 50 or more employees and private employers with 100 or more employees file the EEO-1 report.
  2. Hours for nonexempt employees will need to be recorded for the entire year by pay band.
  3. For exempt employees, the EEOC has suggested employers use either actual hours worked or an estimate multiplied by the number of weeks the individuals were employed during the reporting year.
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Family Medical Leave Act White Paper

1. Overview of the Statute

The Family Medical Leave Act of 1993 requires employers to provide an unpaid leave of absence for employees who demonstrate a medical need.

  1. Who must comply: Employers who employ 50 or more employees within a 75-mile radius for at least 20 workweeks in the current or preceding calendar year – including joint employers and successors of covered employers.
  2. Who is eligible: Any employee who worked 1,250 hours during the 12 months prior to the start of leave, works at a location where the employer has 50 or more employees within 75 miles, and has worked for the employer for 12 months.
  3. What it provides: FMLA entitles eligible employees of covered employers to take 12 weeks of unpaid, job-protected leave in a 12-month period for:
    1. the birth of a child and to care for the newborn child within one year of birth;
    2. the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
    3. to care for the employee's spouse, child (under 18 or 18 or over and incapable of self-care), or parent who has a serious health condition;
    4. a serious health condition that makes the employee unable to perform the essential functions of his or her job;
    5. any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on "covered active duty;" or
    6. Twenty-six workweeks of leave are available during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member's spouse, son, daughter, parent, or next of kin (military caregiver leave).
    7. Spouses working for the same employer are only entitled to a combined total of 26 weeks to care for a service member; or for a combination of caring for service member, caring for sick parent, and leave for birth/adoption/foster care.
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Training Requirements for the Revised Hazard Communication Standard White Paper

OSHA revised its Hazard Communication Standard (HCS) to align with the United Nations' Globally Harmonized System of Classification and Labeling of Chemicals (GHS) and published it in the Federal Register in March 2012 (77 FR 17574). Two significant changes contained in the revised standard require the use of new labeling elements and a standardized format for Safety Data Sheets (SDSs), formerly known as, Material Safety Data Sheets (MSDSs). The new label elements and SDS requirements will improve worker understanding of the hazards associated with the chemicals in their workplace. To help companies comply with the revised standard, OSHA is phasing in the specific requirements over several years.

Over the past 3 years, the GHS has been phased in to the HazCom standard; soon, it will be fully aligned with HazCom. The timeline:

  • December 1, 2013 - the first effective date, which required employees to be trained on the new label elements and safety data sheets.
  • June 1, 2015 - the second date, which required compliance of all modified provisions of the final rule, except for December 1, 2015, which required the distributor to not ship containers labeled by the chemical manufacturer or importer unless it is a GHS label.
  • June 1, 2016 - all requirements of the GHS must be met and included within the HazCom standard. During the transition period, chemical manufacturers, importers, distributors, and employers may comply with either the final standard, the current standard, or both.
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