On April 1, 2019, the U.S. Department of Labor issued proposed regulations clarifying its interpretation of joint employer status under the Fair Labor Standards Act. Recently, the DOL issued a Final Rule, which will take effect March 16. This Bulletin will highlight only the changes that the DOL made to its proposed regulations. For a complete understanding of the new standard, please read this bulletin with the one we p...

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Previously, OFCCP issued a directive updating the creation and maintenance of Functional Affirmative Action Plans (FAAP). FAAPs are available for use in lieu of establishment (location based) based AAPs. What is a Functional Affirmative Action Plan? FAAPs are permissible under Executive Order 11246, Section 503 and VEVRAA and allow a contractor to set up their AAPs based on company functional or business units (or som...

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From Think Tank meetings to conferences, the Partnership on Employment & Accessible Technology (PEAT) has heard from many businesses that actively seek strategies to recruit people with disabilities into their workforces. Businesses are increasingly aware that people with disabilities bring many important assets to the company, but they’re often unsure of where to start. An exciting development in the recruitment of e...

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Overview One may be hard-pressed to find a topic in the world of Equal Employment Opportunity and Affirmative Action that is more disliked than adverse impact. Not only does an adverse impact analysis (a.k.a. impact ratio analysis and/or disparity analysis) involve complicated statistical calculations to arrive at its results, but these results are often used in investigations as the foundation for charges of discriminatio...

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Federal contractors have to navigate numerous hiring regulations — not only the state and federal laws that all businesses must follow but also contractor-specific regulations set by the federal government. Previously, much of the attention regarding compliance dealt with affirmative action policies for race and gender. However, the Office of Federal Contract Compliance Programs (OFCCP) also enforces initiatives fo...