HR & Payroll

Overview:

The Equal Employment Opportunity Commission (“EEOC”) and the Wage and Hour Division of the Department of Labor (“WHD”) entered into a far-reaching Memorandum of Understanding (“MOU”) last week under which the two agencies agreed to work together to increase enforcement of the federal laws administered by the two agencies through information sharing, joint investigations, training, and outreach.

On September 14, 2023, the EEOC and WHD announced that they had entered into a Memorandum of Understanding enabling information sharing, joint investigations, training, and outreach. The purpose of this MOU is to maximize and improve the enforcement of the federal laws administered by DOL/WHD and by the EEOC. This MOU will encourage enhanced law enforcement and greater coordination between the agencies through information sharing, joint investigations, training, and outreach. The MOU now empowers the agencies’ field staff to coordinate efforts on both individual matters and larger investigations.

The EEOC’s press release, and some initial media coverage, have focused on the agencies’ coordinated efforts relating to the recently enacted PUMP Act (extending to more nursing employees the rights to receive break time to pump and a private place to pump at work) and the Pregnant Workers Fairness Act (requiring reasonable accommodations for limitations related to pregnancy, childbirth, or related medical conditions). However, the MOU’s information-sharing and other contemplated coordinated activity provisions go far beyond those statutes, covering a broad range of activities, touching on all aspects of EEOC and WHD jurisdiction.

Session Highlight:

·       Learn how this collaboration between The DOL and the EEOC was initiated.

·       Learn how this partnership can impact hiring new candidates as they struggle with complying with anti-discrimination violations.

·       Learn how the DOL can make recommendations to the EEOC to initiate an investigation.

·       Learn how this increases the number of charges by both Agencies.

·       Learn what the MOU includes and the risk for Employers.

·       Learn what efforts are included in the list of workplaces laws.

·       Learn how the Coordinated Investigations and Enforcement component will be implemented.

·       Learn how the EEO-1 Reports and FLSA data can be accessed and shared during an investigation and decisions to pursue litigation.

·       Learn what happens when both agencies agree on charges against an Employer.

·       Learn what is included in the Training & Information Sharing components of the MOU.

·       Learn which other federal regulatory agencies have collaborations and MOUs. 

·       Learn how Employers can better prepare for the impact of the Agency’s compliance efforts.

·       Learn how Employers need to train managers and supervisors about this collaboration and how to avoid risk.

·       Learn what laws are impacted by this collaboration and how to prioritize risk management strategies.

Why Should You Attend:

Employers can expect to see an increase in investigations given the WHD’s and the EEOC’s commitment to heightened enforcement and their ability to share information and coordinate investigations. Against this backdrop, employers should consult with counsel regarding the scope and content of information to be produced to or shared with either agency, whether during an investigation or in connection with federally mandated reporting, given the possibility that such information may be shared with both agencies and open the door for the other to intervene. This enforcement initiative should make Employers concerned about an increase in potential litigation by both organizations and more risk exposure as they expand auditing efforts.

Benefits For Attending:

This training will provide you with clarity on why EEOC & DOL came together and what employers need to comply with. In addition, each training I offer free customized compliance tools for all attendees. Also get:

·       SHRM Recertification PDU Credits

·       Free customized compliance tools in the form of guides, templates, policies, and toolkits

·       Additional HR Compliance Supplemental Slides

·       Free answer to all questions even after the training ends

Who Should Attend:

·       All Employers

·       Business Owners

·       Company Leadership

·       Compliance professionals

·       HR Professionals

·       Managers/Supervisors

·       Employers in all industries

·       Small Business Owners

·       Large Business Owners

Ask your question directly from our expert during the Q&A session following the live event.