Recent Updates

Observing that it would require “considerable calisthenics” to remove “sex” from “sexual orientation,” the U.S. Court of Appeals for the Seventh Circuit, in Chicago, has ruled that “discrimination on the basis of sexual orientation is a form of sex discrimination” and unlawful under Title VII of the Civil Rights Act of 1964.

We previously announced the beginning of a comprehensive compliance webcast series covering a wide range of topics that impact your company. Follow the link above for additional information, including instructions to register for our first webcast on April 28, 2017; President Trump – The First 100 Days and Beyond. 

We previously reported that the Ninth Circuit Court of Appeals issued an important ruling with implications for employers nationwide. The court ruled that employers who include a liability waiver in background check disclosure and consent forms provided to prospective employees willfully violate the Fair Credit Reporting Act (FCRA). This update serves as a reminder of the importance of using a compliant background check consent form.  

On March 27, 2017, President Donald Trump officially completed the revocation of the Fair Pay and Safe Workplaces Executive Order.  Government contractors are no longer required to report violations of certain federal employment laws when bidding on contracts worth $500,000 or more and are no longer required to comply with the provision’s paycheck transparency rules.

The Ninth Circuit Court of Appeals holds that employers who include a liability waiver in background check disclosure and consent forms provided to prospective employees willfully violate the Fair Credit Reporting Act.  This decision, while controlling in the Ninth Circuit, has greater implications for employers nationwide.  

Effective January 1, 2017 several states’ labor departments adopted regulations impacting one or more of the following provisions: Minimum Wage, Paid Parental Leave, Paid Sick Leave, Health Care Security Ordinance, Discrimination, Equal Pay for Equal Work, Unemployment Insurance, Oregon OSHA, Health and Safety Protection on the Job. These are mandatory changes and a new state poster is required. 

Our people are one of our greatest assets and your relationship with ADP TotalSource provides you with access to our Wage and Hour Center of Excellence (“COE”). The COE can help you understand your Wage and Hour Compliance obligations under the Fair Labor Standards Act and state wage and hour laws. The COE can also assist you with any questions you may have related to the Wage and Hour technology products described in the COE Services overview. Click here to learn more. Finally, the COE can provide you with an assessment of your wage and hour practices. We strongly recommend that you take advantage of this valuable service.

The Occupational Safety and Health Administration’s (OSHA) final rule on Walking-Working Surfaces aims to reduce work-related injuries resulting from slips, trips, and falls. It incorporates advances in technology, industry best practices, and national consensus standards to provide effective and cost-efficient worker protection. The final rule provides employers greater flexibility in choosing a fall protection system to protect workers. It revised and added new provisions that address rope descent systems, ladder safety, and worker training. OSHA also aligned, as much as possible, the general industry fall protection requirements with those for construction to ease compliance for employers who work in both sectors.