SimplyHR | Employment & Labor Blog 

A federal judge reportedly ruled April 25 that all employers who are required to submit EEO-1 surveys on employee demographic data must report employee pay data by Sept. 30, 2019.  This includes employers with at least 100 employees and federal contractors with at least 50 employees and a contract of $50,000 or more with the federal government. 

On April 1, 2019, the U.S. Department of Labor (DOL) offered a simplified test in a Notice of Proposed Rulemaking to determine whether two entities should be considered joint employers under the Fair Labor Standards Act (FLSA). The FLSA provides that two entities can be jointly and severally responsible for an employee’s wages, and thus the potential FLSA violations of either entity, if they function as joint employers. The notice sets out that the employment relationship should be determined based on a balance of four factors, specifically, whether a potential joint employer actually exercises the power to: