The U.S. Bureau of Labor Statistics has reported that average hourly earnings for all employees increased 0.1 percent from November 2021 to December 2021. This result stems from an increase of 0.6 percent in average hourly earnings combined with an increase of 0.5 percent in the Consumer Price Index (CPI). Average hourly earnings decreased 2.4 percent from December 2020 to December 2021.
The U.S. Equal Employment Opportunity Commission (EEOC) announced that it will open the 2021 EEO-1 Component 1 Report on April 12, 2022 with a due date of May 17, 2022. The EEOC’s announcement indicates that both dates are “tentative” and EEO-1 opening and closing dates have been subject to modification by EEOC in recent years. The EEO-1 requires covered employers to report by job category the race, ethnicity and gender of its employees. Covered employers include those with 100 or more employees and federal contractors with 50 or more employees and a federal contract of $50,000 or more. Note that employers with less than 100 employees who are owned or affiliated with another entity such that the combined employee count is over 100 employees may also be required to file this report. Covered employers are encouraged to confirm that all employees have had the opportunity to voluntarily self-identify their gender, ethnicity and race. If employees who have not responded to this voluntary invitation, employers may re-extend the invitation and/or rely on employment documents such as an I-9 or visual observation.
The U.S. Department of Labor's Wage and Hour Division (DOL WHD) and the National Labor Relations Board (NLRB) have announced that they have entered into a Memorandum of Understanding (MOU) to enhance their information sharing, investigations, enforcement, training, and outreach. This could spell trouble for employers that fail to comply with misclassification and related provisions enforced by those agencies. The MOU will be in effect until December 2026. Either agency may cancel it with 90 days’ advance written notice to the other. We expect that the agencies will leverage this partnership to aggressively pursue violations of the wage and hour laws and the National Labor Relations Act (NLRA), particularly with regard to employee misclassification,
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