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February 12, 2026
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Category: Compensation

CWC Updates California Pay Data Reporting Guide For 2025 Reporting Season

CWC has updated its California Pay Data Reporting Guide. The updated guide covers the rules for filing the 2025 report that is due May 13, 2026. It also provides tips for a company to use when pulling the required data. Three data fields have been added for the 2025 reporting cycle: “Employment Type” — full-time, part-time, or intermittent; “Exemption Status” —...
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February 12, 2026
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Category: Affirmative Action and DEI

Fourth Circuit Rejects Broad Challenge To DEI Certification Requirements

The Fourth Circuit has rejected a broad effort to block DEI certification requirements for federal contractors and grantees. The case is National Association of Diversity Officers in Higher Education v. Trump. The ruling resolved a challenge to portions of two Executive Orders by vacating a lower court’s preliminary injunction against agency efforts to halt funding for some DEI-related programs and...
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February 12, 2026
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Category: Affirmative Action and DEI

CWC Files Comments With OMB Supporting Changes To OFCCP Complaint Form

CWC has filed comments with the Office of Management and Budget, supporting a recent request by OFCCP to formally revise two of the forms it uses to process employment discrimination allegations against federal contractors. The forms are the CC-4 (the Complaint of Employment Discrimination Involving a Federal Contractor or Subcontractor) and the CC-390 (Pre-Complaint Inquiry for Employment Discrimination Involving a Federal...
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February 09, 2026
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Category: Agency Enforcement

EEOC Seeks Court Order To Enforce Subpoena In Nike DEI Investigation

The EEOC has petitioned a federal court to enforce a subpoena that it issued while investigating Nike’s DEI practices. The agency seeks records on layoffs, development programs, executive metrics tied to diversity goals, workforce demographic data, and materials from Nike’s “Diverse Slates” hiring process. It also requests data on eligibility and selection for internship and leadership programs dating back to 2018. The...
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February 05, 2026
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Category: State and Local Compliance

OEWS Report Now Mandatory In Two Additional States

Maryland and Virginia have joined the list of states that require employers to respond to the Bureau of Labor Statistics Occupational Employment and Wage Statistics report. The OEWS provides employment and wage estimates for 830 occupations in more than 400 industries. The report surveys employers nationwide and produces estimates for states, metropolitan areas, nonmetropolitan areas, the District of Columbia, and...
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February 04, 2026
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Category: Immigration

USCIS Announces FY 2027 H 1B Lottery Registration Opens March 4 With New Weighted Selection Process

USCIS will open the FY 2027 H-1B lottery electronic registration period on March 4, 2026. Employers will have until March 19 to submit electronic registrations using their USCIS online accounts and pay the $215 registration fee per beneficiary. USCIS is expected to send out selection notices by March 31, 2026. Under USCIS’ new weighted selection rule, employers will receive more lottery...
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February 04, 2026
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Category: Wage and Hour

DOL Opinion Letter Underscores Compliance Risks When Using Incentive-Based Bonus Plans

A recent Wage and Hour opinion letter reaffirms that employers must include performance-based bonuses awarded under predetermined criteria in the regular rate when calculating overtime. DOL concluded that bonus payments were nondiscretionary and therefore part of the regular rate because the employer had “abandoned” its discretion by automatically awarding the bonus to drivers who met objective performance and safety standards. The...
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February 03, 2026
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Category: Agency Enforcement

New NLRB General Counsel Prioritizes Backlog Reduction And Consistency

The NLRB’s new General Counsel, Crystal Carey, has signaled an early focus on reducing the agency’s substantial case backlog and improving regional consistency in case processing and enforcement actions rather than revisiting Board precedent. On January 28, she issued Memorandum GC 26-02 stating that she will not issue a wide-ranging “Mandatory Submissions to Advice” memo listing cases or topics that...
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January 28, 2026
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Category: Agency Enforcement

EEOC Reclaims Litigation Authority After Decades Of Harmful Delegation

The Equal Employment Opportunity Commission has voted to reclaim litigation authority that it improperly delegated to its General Counsel three decades ago. The Commission adopted the new procedure by a 2 to 1 vote January 22. Now, in nearly all cases, the Commission will vote on whether to commence or intervene in litigation. There will be narrow exceptions for recordkeeping matters...
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January 27, 2026
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Category: State and Local Compliance

CWC Interstate January 2026 Resource Published For CWC Members

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has issued an Interstate memo that details state and local workplace compliance developments from January 2026. CWC’s January 2026 Interstate addresses a range of topics, including: Fair employment Artificial intelligence (Illinois) Credit history (New York) Disparate impact (New York; New Jersey; Pittsburgh, Pa.) Notice of rights (California) Pay data reports...
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