09/07/2011

Executive Briefing - Employment & Labor Law/Employee Benefits, September 2011

Executive Briefing is an electronic newsletter that focuses on emerging developments in employment, labor law and employee benefits. View the full text version of Executive Briefing. The following topics are included in the September issue:

OFCCP Continues Scrutiny of Contractor Compensation Practices
The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) is intensifying its focus on compensation discrimination by federal contractors and subcontractors with the notice of proposed rulemaking issued on August 10, 2011, requesting public comment on the development of a new data tool to collect more detailed information on wages and benefits.

Individual Severance Agreement is Not an ERISA Plan in the Eighth Circuit
The Eighth Circuit recently held that an individual employment agreement providing severance benefits to a single executive employee is not an ERISA employee welfare benefit plan within the meaning of ERISA Section 3(1). An ERISA plan "is one that provides welfare benefits to more than one person. " An agreement with a single employee cannot be an ERISA plan.

Labor Law Updates - Action Required
NLRB Issues Final Posting Rule
The National Labor Relations Board (NLRB) published its 194 page Final Rule in the Federal Register requiring most private employers to post an 11"x17" Notice advising employees of their rights under the National Labor Relations Act. The Notice advises employees of their right to act together to improve wages and working conditions, to form, join and assist a union, to bargain collectively with their employer, and to refrain from any of these activities.