Workplace Policy Institute Insider Report — October 2016

Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The October edition of the Insider Report examines what Congress accomplished before taking another brief recess in preparation for the November elections. The Report also details federal agency rules finalized in September, as well as state and local laws that advanced during this period.

The Insider Report includes the following sections:

Insider Briefing.  With little more than a month left until Election Day, Congress passed a stopgap funding bill after resolving fights over Zika funding and aid for Flint, Michigan, allowing members of Congress to return to the campaign trail. Passage of the continuing resolution will fund the federal government until December 9, 2016. Although the continuing resolution averts a government shutdown prior to the election, it punts a long-term appropriations bill – and debate over policy riders to block controversial labor and employment administrative actions – until after voters go to the polls. The fate of those riders remains uncertain and, no doubt, dependent on the outcome of the election and which party will gain an upper hand in the negotiations.

On the Move.  Given the particularly contentious nature of this election cycle and partisan bickering, passage of major federal labor and employment bills before the year is out is highly unlikely. States and major cities, however, continue to advance bills, ordinances, and ballot initiatives that will significantly impact the workplace in those jurisdictions. The following touches on some of the more noteworthy measures that made headway in September 2016.

In Focus.  On January 29, 2016, President Obama marked the seventh anniversary of the Lilly Ledbetter Fair Pay Act by announcing a number of steps the Administration was taking to advance equal pay. Among these steps was a proposal by the Equal Employment Opportunity Commission (EEOC) to require employers to provide information on employee compensation as part of their EEO-1 reporting.  The White House fact sheet described revisions to the EEO-1 report as “stemming from a recommendation of the President’s Equal Pay Task Force and a Presidential Memorandum issued in April 2014” and was intended to “help focus public enforcement of our equal pay laws and provide better insight into discriminatory pay practices across industries and occupations.”  Nine months later, on September 29, the EEOC announced that the revised 2017 EEO-1 reports, due in March 2018, will require employers to disclose pay data information.  

Global Report. This section provides a roundup of international labor and employment news.

Outlook.  A calendar of events provides information on upcoming regulatory comment deadlines, agency meetings, and related activities.

Read the full Insider Report

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.