May 16, 2023
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Category: Agency Enforcement

NLRB General Counsel Abruzzo Continues Push To Overturn Trump-Era Precedent

Jennifer Abruzzo, a former union official and current National Labor Relations Board (NLRB or Board) General Counsel (GC), is actively working to make U.S. labor law more union-friendly. Her position as GC—which gives her unreviewable discretion to decide which alleged labor law violations to prosecute, and by extension, the legal theories on which the Board will rule—affords her the potential...
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April 20, 2023
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Category: Agency Enforcement

OFCCP Submits Proposed Burdensome New Scheduling Letter to OMB for Approval

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) is asking the White House Office of Management and Budget (OMB) to approve a revised Scheduling Letter and Itemized Listing that would substantially increase the administrative burden on a federal contractor scheduled for a compliance audit. If OMB approves it, the revised scheduling letter would require covered contractors to submit...
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April 18, 2023
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Category: Agency Enforcement

Does Modified EEOC–CA Worksharing Agreement Mean More Dual Charge Investigations?

A change in the worksharing agreement between the U.S. Equal Employment Opportunity Commission (EEOC) and California’s Civil Rights Department (CRD) suggests that an employer may have to respond to investigations by both agencies stemming from the same charge. The change appears to be driven by the agencies’ discrimination investigations of the company Activision Blizzard, but it has implications well beyond...
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April 17, 2023
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Category: Agency Enforcement

Civil Penalties for Federal Workplace Law Violations Are Significantly Higher for 2023

Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the Inflation Adjustment Act), the cost of violating employment-related federal laws and regulations enforced by the Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor (DOL), and the U.S. Department of Justice (DOJ) has increased by more than 7% for 2023. The Inflation Adjustment Act requires federal...
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April 13, 2023
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Category: Agency Enforcement

New Biden E.O. Calls for Consideration of “Distributive Impacts and Equity” in Rulemaking

President Biden issued an executive order April 6, 2023, directing federal agencies to consider the “distributional consequences” of regulations to ensure that regulatory initiatives appropriately benefit and do not inappropriately burden disadvantaged, vulnerable, or marginalized communities. E.O. 14094, entitled “Modernizing Regulatory Review,” instructs federal agencies to give greater thought to the “distributive impacts and equity” of proposed regulatory changes, while...
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December 16, 2022
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Category: Agency Enforcement

Comments to NLRB Oppose Agency’s One-Sided Joint Employment Proposal

Our affiliated non-profit association, the Center for Workplace Compliance (CWC), has submitted written comments to the National Labor Relations Board (NLRB or Board) expressing strong opposition to the agency’s proposed rule for determining whether two employers are acting jointly for purposes of triggering obligations and responsibilities under the National Labor Relations Act (NLRA). If adopted as proposed, the rule would...
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December 16, 2022
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Category: Agency Enforcement

California Privacy Act Covers Employers Beginning 1/1/2023; Still Awaiting Regulatory Guidance

For employers that operate in California, the exemption from coverage under the state’s sweeping California privacy law is about to expire, and as of January 1, 2023, any employer with at least $25 million in gross annual revenue will be required to comply. The 2018 California Consumer Privacy Act (CCPA), as amended by the 2020 California Privacy Rights Act (CPRA),...
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December 16, 2022
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Category: Agency Enforcement

EEOC Urged To Focus on Quality Investigations as Part of Agency’s New Strategic Plan

Our affiliated non-profit association, the Center for Workplace Compliance (CWC), has submitted written comments with the U.S. Equal Employment Opportunity Commission (EEOC or Commission) in response to the agency’s request for public input on its draft “Strategic Plan” for fiscal years (FY) 2022-2026. The Strategic Plan is designed to be a high-level blueprint of the EEOC’s priority enforcement and operational...
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December 09, 2022
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Category: Agency Enforcement

OFCCP Giving Contractors Until 1/2/2023 To Confirm Objections To EEO-1 Data Release

As we reported previously, the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) announced a few months ago that it had received a Freedom of Information Act (FOIA) request seeking thousands of federal contractors’ and subcontractors’ consolidated EEO-1 Reports filed during calendar years 2016 – 2020, and that it planned to release the requested information unless a written objection...
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December 02, 2022
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Category: Agency Enforcement

Biden-Era NLRB Continues Reshaping Federal Labor Law To Favor Union Organizing

As we have reported previously, President Biden has publicly expressed his desire to be known as the “most pro-union president” ever. Indeed, since the President took office, his administration has taken a number of high profile actions within the limits of its authority to shape federal labor law in a way that favors organized labor. These developments are especially significant...
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