In a 50-43 vote, the U.S. Senate confirms Janet Dhillon to chair the Equal Employment Opportunity Commission. Ms. Dhillon was nominated by President Trump on June 29, 2017 and re-nominated by the President on January 4, 2019. With this confirmation, the EEOC finally has a quorum of three members.
Under a new regulation proposed by the Department of Labor, workers who make up to $35,308 per year would be eligible for time-and-a-half pay for all hours worked beyond 40 a week. The current threshold is $24,000. The new threshold is considerably less than that proposed by the Obama administration — $47,476 – which was blocked by the courts.
As anticipated, the proposed rule does not provide for a controversial automatic increase of the salary threshold but leaves that option open by requesting public comment on the prospect of an agency consideration of a salary update in new rulemaking every four years. Very significantly, the proposed rule also makes no changes to the current “duties test,” a hotly debated subject in the prior rounds of notice and comment.
FortneyScott will keep you updated on the impact of this proposed regulation.
On March 4, 2019 U. S. District Court of the District of Columbia ruled that the EEO-1 pay data collection known as Component 2 should go into effect immediately, saying the Office of Management and Budget’s stay of the pay data collection was “arbitrary and capricious.”
Click here for the DC District Court’s opinion.
FortneyScott will keep you informed with any developments to this story.
David S. Fortney, Esq. is presenting on Friday November 9th. Please click here to register for this event.