What's New

    Update: Comments on this proposed regulation are now required to be filed January 5, 2015.  


    The U.S. Department of Labor today announced the issuance of the long-awaited proposed rule requiring federal contractors and subcontractors to submit an annual Equal Pay Report on employee compensation to the Office of Federal Contract Compliance Programs.  The rule is scheduled to be published in the Federal Register on Aug. 8, and all comments must be received within 90 days after the date of publication.  

    This notice of proposed rulemaking (NPRM) would amend the current regulations by adding a requirement that certain Federal contractors and subcontractors supplement their EEO-1 Report with summary information on compensation paid to employees, as contained in the W-2 forms, by sex, race, ethnicity, and specified job categories, as well as other relevant data points such as hours worked, and the number of employees.

    David Fortney has joined APTMetrics and the Society for Human Resource Management in the development of a new podcast series.  The series features four recorded conversations about employers’ background screening practices between APTMetrics’ President and CEO Kathleen Lundquist, Ph.D. and Mr. Fortney.   The series was produced by the Society for Human Resource Management.

    The Department of Labor's Wage and Hour Division will be publishing in the Federal Register on October 9, 2014 an announcement that its final rule extending the protections of the Fair Labor Standards Act to most home health care workers will become effective on January 1, 2015, but that employers will have a reprieve for the first six months after the regulations become effective, from January 1, 2015 through June 30, 2015, as the DOL will not bring any enforcement action against an employer during that period of time.  However, employers need to prepare for the effects of these regulations now. For the following six months, from July 1, 2015 to December 31, 2015, the Department will exercise prosecutorial discretion in determining whether to bring enforcement actions, with particular consideration given to the extent to which States and other entities have made good faith efforts to bring their home care programs into compliance with the FLSA since promulgation of the Final Rule.

Senator Menendez Requests that the Fortune 500 Companies Complete a Diversity Survey

By David Fortney, Esq.

See the letter from Senator Robert Menendez, Democrat from New Jersey, requesting that the Fortune 500 companies complete a Diversity Survey Instrument by May 1st.


The survey requests information about minority representation on each company’s board and senior management and in the company’s procurement of goods and services.  The Senator states that he is “conducting the survey to gain a better understanding of Hispanic participation in our corporate executive teams, board rooms and procurement practices.”  Senator Menendez further explains that he “intend[s] to have a public presentation of the data compiled from companies that participate, as well as shed light on those that do not.”

 Please contact the FortneyScott attorney with whom you work to discuss how you may want to respond, particularly because the survey requests information that otherwise typically would not be in the public domain and need not be disclosed to the government under existing reporting procedures.

This update is for general information purposes only and is not intended to provide legal counsel or advice.  Employers should retain experienced legal counsel to obtain advice about the effects of these developments on their particular circumstances.

For more information, please contact David Fortney, Esq. at