Insights

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Category: Government Contracts

House Appropriations Committee Agrees To Eliminate Funding For OFCCP

The House Appropriations Committee has approved legislation that would effectively eliminate OFCCP and significantly cut the budget of other Labor Department agencies. Under the bill approved by the Committee September 9, OFCCP would receive no funding in fiscal year 2026. The Wage and Hour Division’s budget would sink by 9.6%, to $235 million; and the NLRB’s budget would fall by...
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Category: Immigration

Under New E-Verify Status Change Report, Employers Must Monitor Revoked Work Authorizations

E-Verify has introduced a new Status Change Report that shifts responsibility to employers to proactively monitor revoked Employment Authorization Documents (EADs). U.S. employers are responsible for ensuring that all their employees are authorized to work in the United States. They typically accomplish this through Form I-9 — and for federal contractors, through E-Verify. Employees may present various documents to prove...
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Category: Policies and Practices

FTC Ends Its Appeal Of Court Decision Blocking Biden-Era Noncompete Rule

The Federal Trade Commission has dropped its appeal of a court decision blocking a Biden-era rule banning most employee noncompete clauses. Instead, the Commission will police unduly restrictive noncompete clauses on a case-by-case basis, the FTC chairman stated. On September 5, the FTC withdrew its appeal to the Fifth Circuit in Ryan, LLC v. FTC, of a district court ruling...
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Category: State and Local Compliance

New Web Form Available For Minnesota Annual Compliance Report

Minnesota recently updated the procedure for state contractors to use in submitting their Annual Compliance Report. Covered Minnesota state contractors must obtain a Workforce Certificate every four years from the Minnesota Department of Human Rights. To maintain the Workforce Certificate, they must submit an Annual Compliance Report to MDHR. Contractors used to submit the report via email or postal mail,...
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Category: Discrimination and Harassment

EEOC Retains Authority To Investigate Even After Charging Party Sues, Second Circuit Rules

The EEOC retains its authority to investigate a charge even after it issues a right-to-sue letter and the charging party sues, the Second Circuit held August 25 in EEOC v. AAM Holding Corp. In this case, an employee received a right-to-sue letter and filed a separate suit while her employers were appealing a district court order upholding an EEOC subpoena. The...
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Category: Disability, Accommodations, and Leaves

OFCCP Issues Last-Minute Extension on Section 503, VEVRAA, and E.O. 11246 Comment Deadlines

The Office of Federal Contract Compliance Programs (OFCCP) issued a last-minute 15-day extension for submitting comments on its proposed elimination of longstanding disability compliance requirements — including self-identification, utilization analyses, and applicant tracking. The three pending Notices of Proposed Rulemaking (NPRMs) pertain to the rescission of Executive Order 11246 and revisions to the nondiscrimination and affirmative action requirements under Section...
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Category: Discrimination and Harassment

CWC Supports Simplification of Registered Apprenticeship EEO Regulations

The Center for Workplace Compliance, our affiliated nonprofit membership association, has filed comments with the Department of Labor supporting DOL’s proposed simplification of the equal employment opportunity rules for registered apprenticeship sponsors. CWC emphasized that the current regulatory regime is rooted in the system predating the Civil Rights Act of 1964, and that requiring detailed affirmative action plans, especially after...
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Category: Disability, Accommodations, and Leaves

New CWC Resource Highlights EEOC Efforts To Enforce Title VII Protected Religious Accommodations

CWC has released a resource highlighting recent enforcement actions by the Equal Employment Opportunity Commission related to religious accommodations in the workplace. In a recent press release, the EEOC emphasized its focus on enforcing Title VII protections for religious accommodations in the workplace. The cases summarized in the CWC resource provide helpful context for understanding current trends and compliance risks....
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Category: Labor Relations

NLRB’s Structure Likely Unconstitutional, Fifth Circuit Rules, Affirming Ban on SpaceX Prosecution

The National Labor Relations Board remains barred from bringing unfair labor practice cases against SpaceX, Energy Transfer, and Findhelp after a federal appeals court affirmed a lower court’s preliminary injunctions pausing such prosecutions. On August 19, in Space Exploration Technologies Corp. v. NLRB, the U.S. Court of Appeals for the Fifth Circuit found that the injunction is warranted because the agency’s...
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Category: Agency Enforcement

EEOC Guidance to Federal Agencies Emphasizes Importance of Maintaining Proactive EEO Plans

The Equal Employment Opportunity Commission released FAQs reminding federal agencies that they must submit equal employment opportunity (EEO) plans in adherence to Management Directive 715. MD-715 sets standards for the EEO programs required of federal agencies by Title VII and Section 501 of the Rehabilitation Act. Its goal is to ensure equal employment opportunities for applicants and employees in the...

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