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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December 02, 2022
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Category: Agency Enforcement

OFCCP Proposing To Tweak Its Prescribed Disability Self-ID “Form CC-305”

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has announced that it intends to make some changes to its mandated and highly prescriptive disability self-identification form (Form CC-305) as part of a routine request to the White House Office of Management and Budget (OMB) to continue using the form for another three years. While the proposed changes are...
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December 02, 2022
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Category: Agency Enforcement

OFCCP Once Again Proposing Major Changes to Its Compliance Audit Scheduling Letter

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) is once again proposing extensive changes to the letter used to schedule federal contractors for compliance evaluations under the laws OFCCP enforces. If ultimately approved by the White House Office of Management and Budget (OMB), the revised scheduling letter will require contractors to submit additional data to the agency in...
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December 02, 2022
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Category: Agency Enforcement

OFCCP Proposing To Tweak Its Prescribed Disability Self-ID “Form CC-305”

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has announced that it intends to make some changes to its mandated and highly prescriptive disability self-identification form (Form CC-305) as part of a routine request to the White House Office of Management and Budget (OMB) to continue using the form for another three years. While the proposed changes are...
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November 23, 2022
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Category: Agency Enforcement

EEOC Commissioner Janet Dhillon Resigns, Ending Republican Majority

Equal Employment Opportunity Commission (EEOC or Commission) Commissioner and former Chair Janet Dhillon, one of the three Republican Commissioners on the five-member Commission, resigned her seat effective November 18, 2022. As a result, Republicans no longer compose a majority on the Commission, a tactical advantage they had enjoyed since September 2020. From a practical standpoint, Ms. Dhillon’s tenure on the...
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November 23, 2022
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Category: Agency Enforcement

NLRB Reports Big Increase in Unfair Labor Practice Charges in FY 2022

According to enforcement data for fiscal year 2022 (October 1, 2021 – September 30, 2022) released recently by the National Labor Relations Board (NLRB or Board), there was an increase of nearly 20% in the number of unfair labor practice (ULP) charges filed with the agency compared to the previous year. This jump reverses a five-year trend where ULP charges...
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