labor lawAdivision of labor law center

In a move that is good news for federal contractors, a judge has decided that audits by the OFCCP or Office of Federal Contract Compliance Programs are limited in scope.

In a landmark case involving the Frito-Lay plant in Dallas, Texas, the judge ruled that the OFCCP could not continue asking for more and more information to audit. Instead, the original audit scheduling letter set limits on the documents the government agency was allowed access to. Frito-Lay is the corporation headquartered in Dallas that produces potato chips, corn chips and other snack foods. They provide 59% of nationwide sales of snack chips.  

Initially, in July 2007, the OFCCP requested applications, affirmative action plans and other documents related to hiring at the Dallas plant for 2006 through June 2007. According to OFCCP, those documents showed a pattern of adverse impact (more…)

Every federal contractor must display a poster informing employees of their rights under the National Labor Relations Act or NLRA. Under a directive recently issued by the U.S. Department of Labor, merely posting the notice electronically is not sufficient. The poster must also be posted in conspicuous locations in the workplace.

Inspectors will check for the NLRA posters as a routine part of the on-site compliance inspection in awarding contracts. Prominently displaying the poster puts the employer in compliance with Executive Order 13496.

An employer who posts employee notices electronically must include the NLRA information. However, the employer must also display posters in the worksite, in addition to the online information.

The NLRA poster informs employees of their legal rights to join a union, form a union or assist a union. In addition, the poster informs employees that they have the right to enter into collective bargaining agreements with the employer. It includes examples of legal and illegal contracts. The poster also includes information on how an employee may contact the National Labor Relations Board or NLRB with complaints and questions. Posters are available at www.laborlawcenter.com.

Under EO 13496, the poster must also be supplied in a language (more…)

The U.S. Department of Labor recently issued a notice for employers to inform workers annually of state healthcare premium assistance.

Under the CHIP Reauthorization Act of 2009, employers who offer group health plans must notify employees each year of the right to premium assistance under the state Medicaid or CHIP program.

Employers must notify qualified workers by the first day of the first plan year falling after February 4, 2010 or May 1, 2010, and every year thereafter. Many employers have annual healthcare plans, so the notification date would be before January 1, 2011.

Workers who reside in Alabama, Alaska, California, Arkansas, Colorado, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Maine, Louisiana, Massachusetts, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, (more…)

Oklahoma state contractors must use the federal E-Verify system to authenticate all new hires, despite a lawsuit from small business owners and the U.S. Chamber of Commerce.

However, another test of the Oklahoma Taxpayer and Citizen Protection Act in court is likely. The state Supreme Court may become involved to settle this dispute.

The 10^th U.S. Circuit Court of Appeals recently ruled that the state can enforce this portion of the Oklahoma immigration law. The Chamber of Commerce argued that only the federal government has the right to control immigration, and therefore the state law was unconstitutional. This argument failed, which is no surprise considering that at least a dozen states have immigration laws.

Although all three judges of the appellate (more…)

A federal mandatory sick leave law may soon be passed. That law would require employers to give workers paid sick leave and to display a poster notifying employees of their right to sick leave.

The House Education and Labor Committee continues to consider provisions of HR 3991, the House Emergency Influenza Containment Act. The bill, introduced by Rep. George Miller of California, would require that employers provide 5 paid sick days to employees.

Part of the impetus for this action is the H1N1 influenza virus, also called the Swine Flu. Federal legislators have been considering a mandatory sick leave law for more than (more…)