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U.S. Master™ Wage-Hour Guide, 2009 Edition
Presents a first approach to the broad and complex controls under the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and other statutes regulating employee wages and hours.
The $18 million budget increase sought by the US Equal Employment Opportunity Commission (EEOC) for fiscal year (FY) 2011 is “vital to increase hiring to improve enforcement initiatives, reduce the backlog, target systemic litigation, and reinvigorate Federal Sector enforcement,” according the federal agency’s FY 2011 Congressional Budget Justification (CBJ), posted online on February 25, 2010. The EEOC is requesting a total budget of $385,303,000.
Strategic planning. The FY 2011 performance budget request integrates with the EEOC’s modified Strategic Plan, which builds upon what the agency has already accomplished to improve operations. The plan “seeks to develop a more strategic focus in our enforcement, litigation and federal programs; continue a strategy to focus on race discrimination; continuing efforts to prevent discrimination; continuing to use Alternative Dispute Resolution (ADR); and, ensure the effective and efficient functioning of the agency’s internal operations,” the CBJ states.
At the start of FY 2007, the EEOC issued a new Strategic Plan that was subsequently reassessed and modified during FYs 2007 and 2008. Due to the change in the White House Administration and the nomination of a new EEOC Chair pending confirmation, the federal agency intends to reevaluate its program and issue a new Strategic Plan.
The CBJ’s statement of the Chair’s priorities notes that much progress has been made in reducing illegal discrimination in the American workplace since the establishment of the EEOC in 1965. However, discrimination continues to be a substantial problem for too many people in America, and significant work remains to be done.
Enforcement and litigation program. A strong law enforcement and litigation program is key for the EEOC’s success, according to the Chair’s priority statement. Accordingly, the budget justification proposes concrete steps to restore capacity to “effectively investigate charges and litigate cases.” The EEOC’s FY 2009 allocation “was at a level that allowed us to begin the difficult process of rebuilding after eight years of growing workload and shrinking staff,” the CBJ states. The federal agency is embarked on an ambitious hiring program - during FY 2009, it set out to hire an additional 125 investigators, 22 trial attorneys, 50 support staff, 10 paralegals and five expert statisticians and labor economists to support its systemic enforcement and litigation programs. By the end of the fiscal year, the EEOC’s workforce had grown by 155 net new hires.
The EEOC anticipates continued additional hiring in FY 2010, and intends to hire 100 new investigators in FY 2011 in an effort to reduce the backlog, while still handling new charges as they come in, according to the CBJ. While the EEOC has in the past focused primarily on individual cases of discrimination, it has stated its “bipartisan desire to shift emphasis to combating systemic discrimination as part of [its] overall law enforcement mission,” the Chair’s priority statement advises. “A strong systemic program is crucial to battling unlawful patterns or practices of discrimination which have a broad impact on an industry, profession, company, or geographic location.”
New legislation. The EEOC’s law enforcement capability will be improved by recently enacted legislation, the CBJ notes. The Lilly Ledbetter Fair Pay Act of 2009 restores the federal agency’s long standing position that discriminatory compensation decisions or other unlawful practices occur each time compensation is paid. The EEOC expects more charges to be filed as a result of this Act.
The ADA Amendments Act of 2008, which restores congressional intent of the original ADA, directs the EEOC to construe the term “disability” broadly. In September 2009, the Commission issued a Notice of Proposed Rulemaking to Implement the ADA Amendments Act. Publication of a final rule is expected in 2010. The EEOC will continue to conduct outreach activities to educate the public, and anticipates that in FY 2011, more than 9,000 additional ADA charges will be filed with the agency, significantly increasing its workload.
As the CBJ notes, the EEOC is also responsible for enforcing Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which took effect November 21, 2009. Under Title II of GINA, Public and private employers are prohibited from using genetic information in making employment decisions, and strictly limited from collecting or disclosing such information. On March 2, 2009, the EEOC issued a Notice of Proposed Rulemaking to Implement Title II of GINA, and the agency expects to issue final regulations in the near future. Throughout fiscal year 2009, the EEOC has been providing training, technical assistance, and outreach on GINA, and expects do continue going so in FYs 2010 and 2011.
Other activity. The EEOC will also continue using outreach efforts with stakeholder organizations on particular workplace issues or topics, according to the CBJ. Through it enforcement and litigation efforts, the agency will also pursue charges for priority, novel or emerging legal issues.
The EEOCs FY 2011 Congressional Budget Justification is posted on the agency’s website at http://www.eeoc.gov/eeoc/plan/2011budget.cfm.
For more information on this and other topics, consult CCH Employment Practices Guide or CCH Labor Relations.
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