Wednesday, January 12, 2011

EEOC Announces 2010 Statistics

The U.S. Equal Employment Opportunity Commission (EEOC) today announced that private sector workplace discrimination charge filings with the federal agency nationwide hit an unprecedented level of 99,922 during fiscal year (FY) 2010, which ended Sept. 30, 2010.

Despite the increase in overall charges filed with the EEOC last fiscal year, the Commission dramatically slowed the growth of the charge inventory. As a result, the federal agency ended FY 2010 with 86,338 pending charges - an increase of only 570 charges, or less than one percent. Between fiscal years 2008 and 2009, the EEOC's pending inventory increased 15.9 percent.

We are pleased to see that our rebuilding efforts are having an impact on how efficiently and effectively the Commission enforces the civil rights laws protecting the nation's workers," said EEOC Chair Jacqueline A. Berrien. "Discrimination continues to be a substantial problem for too many job seekers and workers, and we must continue to build our capacity to enforce the laws that ensure that workplaces are free of unlawful bias."

The FY 2010 data show that the EEOC filed 250 lawsuits, resolved 285 lawsuits, and resolved 104,999 private sector charges. Through its combined enforcement, mediation and litigation programs, the EEOC secured more than $404 million in monetary benefits from employers -- the highest level of monetary relief ever obtained by the Commission through the administrative process -- to promote inclusive and discrimination-free workplaces.

The FY 2010 enforcement and litigation statistics, which include trend data, are available online at http://www.eeoc.gov/eeoc/statistics/enforcement/index.cfm.

According to the FY 2010 data, all major categories of charge filings in the private sector (which include charges filed against state and local governments) increased. These include charges alleging discrimination under Title VII of the Civil Rights Act of 1964, as amended; the Equal Pay Act; the Age Discrimination in Employment Act; the Americans with Disabilities Act; and the Genetic Information Nondiscrimination Act (GINA). Last year, for the first time ever, retaliation under all statutes (36,258) surpassed race (35,890) as the most frequently filed charge, while allegations based on religion (3,790), disability (25,165) and age (23,264) increased. In its first year of enforcement, the EEOC received 201 charges under GINA. Historically, race had been the most frequently filed charge since the EEOC became operational in 1965. http://www.eeoc.gov/eeoc/statistics/enforcement/charges.cfm

The FY 2010 data also show:

  • The mediation program ended the year with a record 9,370 resolutions, 10 percent more than FY 2009 levels, and more than $142 million in monetary benefits;
  • The EEOC also expanded its reach to under-served communities by providing educational training, and public outreach events to approximately 250,000 persons;
  • The agency continued its concerted effort to build a strong national systemic enforcement program. At the end of the fiscal year, 465 systemic investigations, involving more than 2,000 charges, were being undertaken;
  • The EEOC resolved a total of 7,213 requests for hearings in the federal sector, securing more than $63 million in relief for parties who requested hearings. The agency also resolved more than 4,600 federal sector appeals -- 400 more than in FY 2009.

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the Commission is available on its web site (www.eeoc.gov). To obtain the required workplaces postings including the EEOC posting, please visit: www.laborlawposter.us

Monday, January 10, 2011

Federal and State Minimum Wage Posters

We receive many calls from businesses who inquire about the differences between the Federal Minimum Wage and the State Minimum Wage. Most callers question why, in some cases, they are different. One example is a caller today(January 10, 2011) asked why his Federal Labor Law poster said the minimum wage was $7.25/hour and his Arizona State Labor Law poster said the minimum wage was $7.35/hour, a difference of $0.10.

To answer this question, we first explained that BOTH minimum wage postings were correct. Each state has the ability to establish its own minimum wage. The state minimum wage can be higher or lower than the Federal Minimum Wage. However, employers and businesses are required to pay the higher amount, whichever that may be. In the example above, the employer should be paying a minimum wage of $7.35/hour. Also of note is that the employer is still required to post BOTH minimum wage postings.

Notes: This blog posting is not intended to be a comprehensive discussion on minimum wage. The above statements are of a general nature and there are certain exceptions that may be applicable. Not all states have a minimum wage law or a required minimum wage posting. In states where there is not a state specific requirement, then employers should follow and post the Federal Minimum Wage.

To obtain the most recent required posters for your workplace, please visit this link:
State and Federal Labor Law Posters

Saturday, January 8, 2011

2011 Federal Labor Law Poster Changes

On December 21, 2010 there were two announced changes that will possibly affect the Federal Labor Law poster. At this time both are only POSSIBLE changes. However, the possibility on both is significant.

1. The Affordable Care Act - Nursing Mothers Law will likely lead to changes in the FMLA posting. The act is already law. However, the act itself does not require a posting, but the DOL typically amends its FMLA posting to reflect changes to the Fair Labor Standards Act. Therefore, we are awaiting notification from the DOL regarding this issue. We have no anticipated date on this one, but it will be a major change IF the DOL decides to make changes.

2. The NRLB has announced a new required posting. This requirement is currently in a 60 day comment period. After the comment period they will review the comments and then at a future date they will release a final ruling. Though this is not final, we believe it will happen. It will require a new 11x17 size posting to be added to the Federal Labor Law poster. In our mind the only real question is when will this happen. Our best guess at this point is late spring or early summer of 2011.

Please keep in mind that these are only possibilities at this time. More information will be released in the future.

For more information about labor law postings, please visit our website at: www.laborlawposter.us

Thursday, January 6, 2011

Annual Changes to Labor Law Posters

Each year there are hundreds of changes to the labor law postings required by each state and the Federal Government. 2010 has proven to be no exception. National Safety Compliance has tracked over 200 changes to the required employer postings.

However, the vast majority of these changes are minor. These may be phone number or website changes or other non-regulatory changes. These "minor" changes do not require a new labor law poster.

During 2010 and effective January 1, 2011 the Federal labor law postings did not incur a major change. During this same period of time, major changes only occurred in 16 out of the 50 states.

To determine if you need to update your labor law poster, please visit this link:

2011 Labor Law Poster Chart


Note: National Safety Compliance is anticipating one or more changes to the Federal Labor Law Poster during 2011. We believe these changes will become effective in the late spring or early summer of 2011. More about these changes in a later post.