HHS Proposes Comprehensive Revision and Reorganization of Head Start Program Performance Standards

On June 19, 2015, the U.S. Department of Health and Human Services (HHS) proposed the first comprehensive revision and reorganization of the Head Start Program Performance Standards (Standards) since they were published in 1975.  CAPLAW will submit comments on the proposed Standards and encourages Community Action Agencies (CAAs) to submit individual comments to HHS as well as any suggestions they have for CAPLAW with respect to its comments.  Comments on the proposed Standards may be submitted electronically here.  All comments are due by 11:59 p.m., Eastern Daylight Time, on Tuesday, August 18, 2015. Below is a summary of some of the significant changes relevant to the legal, fiscal, and administrative functions of Head Start and Early Head Start programs. Read more.

Proposed FLSA Regs Expand Eligibility for Overtime Pay  

On July 6, 2015, the U.S. Department of Labor (DOL) issued a proposed rule that more than doubles the minimum salary threshold for certain employees to be considered exempt from the minimum wage and overtime pay protections under the federal Fair Labor Standards Act (FLSA). While the FLSA guarantees minimum wage and overtime pay (i.e., 1½ times an employee’s regular rate of pay for all work hours exceeding 40 in a workweek), employees who meet certain requirements may be exempt from the FLSA’s minimum wage and overtime pay protections. Read more.

On the Horizon: Sexual Orientation as a Basis for Discrimination 

The U.S. Equal Employment Opportunity Commission’s (EEOC) recent inclusion of sexual orientation as a basis for which a discrimination claim may be filed against a federal agency serves as cautionary signal for private employers, including Community Action Agencies (CAAs).  On July 16, 2015, the EEOC in Complainant v. Foxx, E.E.O.C. Appeal No. 0120133080 (July 16, 2015) concluded that Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination based on sexual orientation. Read more.

Avoiding Liability for Website Content Posted by Third Parties

Earlier this year, CAPLAW published an e-Bulletin article discussing copyright infringement issues that may arise when a Community Action Agency (CAA) employee posts images created by others to the CAA’s website.  CAAs should be aware, however, that they can also be liable for copyright infringement when third parties who are not affiliated with the CAA upload content to the CAA’s website, even if the CAA did not know that the posted materials were infringing or that the materials were there.  For example, if a CAA’s website has a user forum or blog that allows third parties to upload images or videos, and someone posts material that he or she neither owns nor is authorized to use, the CAA can be liable for copyright infringement as the operator of the website. Read more.

This e-News Bulletin is part of the Community Services Block Grant (CSBG) Legal Training and Technical Assistance (T/TA) Center. It was created by Community Action Program Legal Services, Inc. (CAPLAW) in the performance of the U.S. Department of Health and Human Services, Administration for Children and Families, Office of Community Services Cooperative Agreement – Grant Award Number 90ET0441-01. Any opinion, findings, and conclusions, or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of the U.S. Department of Health and Human Services, Administration for Children and Families.