Author: Scott Horton

Scott has been practicing Labor & Employment law in New York for almost 20 years. He has represented over 400 employers and authored 100s of articles and presentations and wrote the book New York Management Law: The Practical Guide to Employment Law for Business Owners and Managers. Nothing on this blog can be considered legal advice. If you want legal advice, you need to retain an attorney.

2022 EEO-1

2022 EEO-1 Component 1 Data Collection

The U.S. Equal Employment Opportunity Commission (EEOC) opened the 2022 EEO-1 Component 1 data collection on October 31, 2023. The deadline for submissions and certifications is set for December 5, 2023.

Understanding the EEO-1 Component 1 Report

The EEO-1 Component 1 report is an obligatory annual data collection exercise for private sector employers with 100 or more employees, as well as federal contractors with 50 or more employees meeting certain criteria. This report requires the submission of workforce demographic data, including data segmented by job category, gender, and race or ethnicity.

New Resources for Filers

In an effort to streamline the data submission process, the EEOC’s Office of Enterprise Data and Analytics (OEDA) has launched a new EEO-1 Component 1 Instruction Booklet for the 2022 data collection period. This booklet consolidates various support materials, such as frequently asked questions and fact sheets, into a single resource. It also provides additional information to clarify eligibility and reporting requirements.

Enhanced Filing Process

The EEOC announced that it has enhanced the filing process by introducing self-service options and an online Filer Support Team Message Center within the EEO-1 Component 1 Online Filing System (OFS). This platform enables filers to submit requests for assistance, update requests with new information, terminate requests, and track the status of requests, thereby simplifying the filing process.

Additional EEOC Data Collections

The EEOC has also opened the 2023 EEO-4 state and local government data collection, which is also due on December 5, 2023. This mandatory data collection requires all state and local governments with 100 or more employees to submit demographic workforce data every two years. A new EEO-4 Instruction Booklet is now available to aid in this process.

Employer Compliance

All employers must determine whether they are required to file EEO data. If so, you should make sure you have the necessary data prepared in time to meet the filing deadlines. Hopefully, the new guidance resources from the EEOC will make it easier for companies to comply with the reporting process.

Unemployment Notice

New York Updates Unemployment Notice Requirement

On September 14, 2023, New York Governor Kathy Hochul signed amendments to Section 590 of the New York Labor Law. That statute will now require employers to provide specific notifications to employees regarding their potential eligibility for unemployment benefits. While the new unemployment notice requirements aim to enhance transparency for employees, they also underscore the importance for businesses to stay updated and adapt to the evolving regulatory landscape to avoid violations and penalties through the Unemployment Insurance process.

What’s New?

Beginning November 13, 2023, the law will require every employer who is obligated to contribute to the unemployment insurance system to notify their employees about their right to apply for unemployment benefits, when applicable.

Although New York employers have already been expected to provide employees with a Record of Employment upon separation, the law will now require notification in more situations that don’t necessarily involve termination of employment.

When Is the Unemployment Notice Required?

Employers must provide this unemployment notice:

  • At the time of each permanent or indefinite separation from employment.
  • During a reduction in hours.
  • During a temporary separation.
  • For any other interruption of continued employment resulting in total or partial unemployment.

Unfortunately, the above terms are not specifically defined in the amended statute.

What Should the Unemployment Notice Include?

The required notice must be in writing and should be on a form either furnished or approved by the New York Department of Labor.

The notice must contain:

  1. Employer’s Details: This includes the employer’s name and registration number.
  2. Address for Communication: The notice should specify the address of the employer to which any request for remuneration and employment information regarding the employee should be directed.
  3. Additional Information: Any other information as required by the Department of Labor should also be included.

The DOL has updated the Record of Notice form in response to this law. It is available here. Unfortunately, to date, the DOL has not provided further clarification of the circumstances where notice must be provided short of permanent employment separation.

Implications for Employers

This new unemployment notice provision emphasizes the state’s commitment to ensuring that employees are well-informed about their rights. For employers, it means:

  • Being Proactive: Employers should be ready with the required forms and processes in place by November 13, 2023.
  • Training HR Teams: HR teams should be trained to understand the nuances of the new unemployment notice provision and ensure compliance.
  • Avoiding Penalties: Non-compliance could lead to negative consequences regarding unemployment claims. It’s crucial for employers to adhere to these new unemployment notice requirements diligently.

 

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2023 NLRB Update Cover Slide

2023 NLRB Update (Webinar Recap)

On October 18, 2023, I presented a complimentary webinar entitled “2023 NLRB Update”. For those who couldn’t attend the live webinar, I’m happy to make it available for you to watch at your convenience.

In the webinar, I discuss:

  • Work Rules & Policies
  • Election Rules & Results
  • Bargaining Rules & Standards
  • What’s Next?

and much more!

The National Labor Relations Board enforces the National Labor Relations Act, which applies to most public-sector employers in the United States. This law permits employees to unionize, but also has implications in non-union workforces as well. The NLRB’s interpretation and application of the NLRA fluctuates, typically based on which political party is in the majority on the 5-member Board in Washington. NLRB Board members are appointed by the President to five-year terms, so policy shifts, which primarily occur through adjudicating cases, do not occur immediately upon a change in the White House. But recently, the Board has reversed course on many issues, creating a more burdensome regulatory environment for employers.

Don’t have time to watch the whole webinar right now? Click here to download the slides from the webinar.

Why You Should Watch “2023 NLRB Update”

A series of significant policy changes from the NLRB should have all private employers on alert. For example, many previously commonplace work rules and employee policies may now be found to violate the NLRA. Moreover, changes to the union election rules and related procedures will likely make it harder for employers to oppose union organizing campaigns. Developments regarding collective bargaining rights and obligations are also shifting, as is pertinent to those companies whose employees are already represented by a labor organization.

Much of the most dramatic new caselaw arose in August 2023. The new election rules are scheduled to take effect on December 26, 2023. This webinar discusses what all U.S. businesses should know about the latest from the NLRB. More than ever, employers must be proactive to avoid unfair labor practice charges and representation proceedings.

This webinar also provides insights into recent union election data, trends, and results that aren’t available elsewhere.

Don’t Miss Our Future Webinars!

Click here to sign up for the Horton Management Law email newsletter to be among the first to know when registration is open for upcoming programs! And follow us on LinkedIn for even more frequent updates on important employment law issues.