Compliance Stuff

Wage and hour violations are rarely intentional. They typically stem from common missteps such as outdated job descriptions, payroll errors, miscommunication, or genuine confusion about complex federal and state laws and regulations. So, as too many employers know, a wage and hour lawsuit or Department of Labor (DOL) investigation can hit a business out of the blue, often without prior notice. Such actions can cripple even a well-run organization due to stringent laws that impose heavy penalties and encourage collective and other actions with their provisions for recovery of extensive damages, including back wages, liquidated damages, and attorneys' fees. While many employers understand that a proactive wage and hour audit is the most effective way to reduce exposure to such an action, the prospect of conducting one may seem daunting, even to the most sophisticated HR professional. The good news is that an audit becomes more manageable when approached with clear objectives and disc...

  In July 2024, the Equal Employment Opportunity Commission (“EEOC”) filed suit against C otti Foods Corporation after it allegedly failed to file EEO-1 reports between 2021-2023, despite repeated notice. Last month, the parties entered into a consent decree under which Cotti Foods is required to file three years’ worth of past-due data within 30 days, appoint an EEO-1 reporting monitor to ensure reports are filed on time in the future, and allow the EEOC to monitor its compliance with the decree for the next five years (including inspections of its premises, employee interviews, and production and inspection of its records). Don’t be naughty like Cotti—use this recent settlement as a cautionary tale to properly collect and file timely EEO-1 reports. EEO-1 Reporting Basics Under Title VII, covered employers are required to submit EEO-1 data, which consists of the racial/ethnic and gender composition of their workforce by specific job categories. A company must submit EEO-1 data to...