The Catholic University of America

Welcome to the Employment Law section of our webpage. Employment law issues are complex, often subject to state and local law (not ordinarily covered on CLIC pages) as well as federal law. This front page will reflect our most current information on employment law affecting educational institutions.

 Joint Employer Status under the FLSA, proposed rule, 84 Fed. Reg. 14043, April 9, 2019

The Department proposes that if an employee has an employer who suffers, permits, or otherwise employs the employee to work and another person simultaneously benefits from that work, the other person is the employee’s joint employer under the Act for those hours
worked only if that person is acting directly or indirectly in the interest of the employer in relation to the employee.6 To make that determination simpler and more consistent, the
Department proposes to adopt a fourfactor balancing test.  The Department’s proposed test would assess whether the potential joint employer: 

• Hires or fires the employee; • Supervises and controls the employee’s work schedule or conditions of employment; • Determines the employee’s rate and method of payment; and
• Maintains the employee’s employment records.  

Defining and Delimiting the Exemptions for Executive, Administrative, Professional,
Outside Sales and Computer Employees, 
U.S. Department of Labor Proposed Rule on Overtime, March 7, 2019.

Proposed Rule issued by the U.S. Department of Labor's Wage and Hour Division, proposing an increase from $455 to $679 per week ($35,308 per year) in the minimum salary required for an employee to qualify for an exemption from overtime pay. The proposed rule also increases the total annual compensation requirement for highly compensated employees from $100,000 to $147,414 and allows employers to use nondiscretionary bonuses and incentive payments for up to 10 percent of a standard salary level.  Unlike the proposed rule put forth in 2016, this proposed rule has no automatic increases. The rule is set to take effect in January 2020. 

See also DOL's Long-Awaited Overtime Proposed Rule Announced, March 11, 2019. (National Law Review) For background generally on overtime pay see the U.S. DOL web page.  

New Disclosure Requirements, Revised Fair Credit Reporting Act Form, effective Sept 21, 2018. The FCRA now requires employers to provided a revised disclosure form titled A Summary of Your Rights under the Fair Credit Reporting Act to job applicants and employees subject to background checks and adverse actions due to a background check. The new form has incorporated two changes: 1) a consumer's right to a national security free and (2) the new one year minimum time period that consumer reporting agencies must include an initial fraud alert in a consumer's file. See 83 Fed. Reg. 47027, Sept. 21, 2018, Interim Final Rule, Summaries of Rights under FCRA (Regulation V). The revised forms are available here in both English and Spanish.  

OFCCP Directive 2018-04 on Focused Reviews of Contract Compliance on Non-Discrimination

Issued August 10, 2018. OFCCP is in the process of implementing a comprehensive initiative that seeks to ensure compliance with equal employment opportunity and anti-discrimination regulations. As part of this initiative, OFCCP intends for a portion of its future scheduling lists to include focused reviews as to each of the three authorities that OFCCP enforces: the E.O., Section 503, and VEVRAA. 

In the focused reviews anticipated by this Directive, OFCCP would go onsite and conduct a comprehensive review of the particular authority at issue. For example, in a Section 503 focused review, the compliance officer would review policies and practices of the contractor related solely to Section 503 compliance.