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October 23, 2025
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Category: State and Local Compliance

New CWC Resource Explains Kentucky State Contractor Affirmative Action Requirements

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has published a new resource explaining Kentucky’s affirmative action requirements for state contractors. Kentucky’s Office of Equal Employment Opportunity and Contract Compliance monitors compliance with these obligations and sends instructions to contractors on submitting affirmative action programs. CWC’s Guide to Kentucky State Contractor Affirmative Action Requirements can help CWC members...
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October 23, 2025
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Category: Arbitration and Dispute Resolution

Supreme Court Agrees To Consider Scope Of Transportation Exemption To Federal Arbitration Act

The Supreme Court will hear a case concerning the scope of the Federal Arbitration Act’s transportation worker exemption. Its decision in Flower Foods, Inc. v. Brock could settle whether local delivery and ride-share drivers who sign arbitration agreements must arbitrate disputes. The issue often arises when drivers, classified as independent contractors, seek to litigate employment claims in court even though...
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October 22, 2025
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Category: Immigration

USCIS Clarifies $100,000 H-1B Fee

USCIS has issued guidance clarifying details of the new $100,000 H-1B fee. The October 20 guidance clarifies that routine in-U.S. H-1B filings are unaffected, and the fee will not apply to current H-1B visa holders if they travel outside the United States. However, the fee could be triggered by consular processing or international travel while a petition is pending. Members of the...
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October 22, 2025
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Category: Immigration

Supreme Court Won’t Hear Challenge To 2015 DHS Rule That Authorizes Employment For H-1B Spouses

The U.S. Supreme Court has declined to review a challenge to a federal rule that allows certain spouses of H-1B visa holders to work in the United States. Therefore, an appellate decision in Save Jobs USA v. Department of Homeland Security upholding the legality of the 2015 DHS rule will remain in force for these H-4 visa holders. Save Jobs USA filed...
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October 17, 2025
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Category: State and Local Compliance

New CWC Resource Explains California State Contractor Nondiscrimination Requirements

CWC has prepared a resource that details California’s nondiscrimination requirements for state contractors. “CWC’s Guide to California State Contractor Nondiscrimination Requirements” explains the obligations that California imposes on its contractors, including the requirement to implement and maintain a nondiscrimination program. Following the rescission of federal Executive Order 11246, many federal contractors are wondering whether state and local affirmative action requirements remain...
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October 15, 2025
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Category: Wage and Hour

DOL Says Emergency Pay Premiums Must Be Included In The Regular Rate When Calculating Overtime Pay

An employer must include premium emergency pay in the regular pay rate when calculating an employee’s overtime pay, according to a September 30 opinion letter from DOL’s Wage and Hour Division. The letter responds to a firefighter asking whether “emergency pay” —premium pay for working during a disaster or declared emergency — must be included in the regular rate. The Fair...
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October 14, 2025
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Category: Agency Enforcement

EEOC Settles Age Discrimination Lawsuit With Enterprise Leasing For $1.8 Million

Enterprise Leasing Company of Florida will pay $1.8 million to settle an age discrimination lawsuit, the Equal Employment Opportunity Commission announced September 25. Enterprise Leasing Company operates National, Enterprise, and Alamo car rental services in Florida. The settlement ends a federal suit — EEOC v. Enterprise Leasing Company of Florida — charging that the rental car company since at least 2019...
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October 13, 2025
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Category: Wage and Hour

DOL Says Front-Of-House Oyster Shuckers Can Participate In Tip Pool

A new Labor Department opinion letter confirms that restaurants may include front-of-house oyster shuckers in traditional tip pools with servers. The opinion letter concludes that front-of-house oyster shuckers, who interact with customers but don’t directly receive tips, may be included in a traditional tip pool with servers for whom the employer takes a tip credit. The Fair Labor Standards Act...
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October 10, 2025
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Category: Agency Enforcement

E-Verify Re-Opens During Government Shutdown

E-Verify has resumed operations despite the government shutdown. Its temporary outage prevented employers from creating new cases and addressing tentative nonconfirmations (TNCs), but now that the system is back up, employers must promptly fulfill their E-Verify obligations. E-Verify employers have until October 14 to create new cases for employees hired during the outage. When the system requests an explanation for...
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October 09, 2025
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Category: Agency Enforcement

Third Circuit Limits DOL’s Power To Impose Penalties Under H-2A Program

DOL must pursue civil penalties and back wages for alleged violations of its H-2A visa regulations in federal court instead of unilaterally imposing these payments on an employer, the U.S. Court of Appeals for the Third Circuit ruled in Sun Valley Orchards v. DOL. DOL alleged that a New Jersey employer violated the H-2A visa program by coercing employees to end...
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