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Category: Agency Enforcement

Illinois Publishes FAQs on State’s New Pay Data Reporting Requirements

The Illinois Department of Labor (IDOL) has published a set of Frequently Asked Questions (FAQs) on the state’s new pay data reporting requirements (SB 1480) that were enacted last year. The FAQs are intended to provide additional compliance guidance to employers on issues regarding pay reporting brought to IDOL’s attention by interested parties in anticipation of the upcoming May 24,...
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Category: Agency Enforcement

OSHA Proposes To Reinstate Electronic Injury and Illness Data Reporting

The Department of Labor’s (DOL’s) Occupational Safety and Health Administration (OSHA) has published a proposed rule to revive and expand broad electronic reporting requirements for certain workplace injury and illness data, a rule that had been largely rescinded by the Trump Administration’s DOL before it went into effect. If implemented as proposed, the rule would require employers in covered industries...
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Category: Agency Enforcement

Biden Nominates Plaintiffs’ Lawyer Kalpana Kotagal to the EEOC

President Biden has nominated plaintiffs’ lawyer Kalpana Kotagal to a seat on the Equal Employment Opportunity Commission (EEOC or Commission) to replace current Commissioner and Trump appointee Janet Dhillon when Dhillon’s term ends on July 1, 2022. If confirmed by the U.S. Senate, Ms. Kotagal will give Democrats a majority on the EEOC for the first time since the Biden...
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Category: Agency Enforcement

Discrimination Charges Filed With EEOC Dropped to 30-Year Low Last Year

According to final enforcement and litigation statistics for fiscal year (FY) 2021 (October 1, 2020 – September 30, 2021) released recently by the Equal Employment Opportunity Commission (EEOC), the agency received 61,331 charges of discrimination last year, the lowest annual total in the past 30 years, and the fifth year in a row in which the number of charges filed...
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Category: Agency Enforcement

DOJ Issues Guidance on Web Accessibility Under ADA’s Public Accommodation Title

The U.S. Department of Justice (DOJ) has issued guidance on web accessibility under Title III of the Americans with Disabilities Act (ADA), the part of the law that mandates accessibility requirements for places of public accommodation. The guidance clarifies DOJ’s stance that businesses that fall within the ADA’s definition of places of public accommodation, such as retail stores and restaurants,...
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Category: Agency Enforcement

New OFCCP Directive Signals Return of Aggressive Enforcement

Office of Federal Contract Compliance Programs (OFCCP) Director Jenny Yang has issued a second major policy directive in as many weeks, in this instance formally scrapping many of the cooperative compliance evaluation policies that were implemented by former Trump OFCCP Director Craig Leen. Director Yang’s newest directive follows on the controversial new directive (DIR 2022-01) she signed on March 15...
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Category: Agency Enforcement

OFCCP Posts New AAP-VI FAQs

No later than June 30 of this year, covered federal contractors and subcontractors must certify to the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) via an online “Affirmative Action Program Verification Interface (AAP-VI)” that they have developed and maintained Affirmative Action Programs (AAPs) in accordance with OFCCP’s regulations. And while covered federal contractors have been able to register...
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Category: Agency Enforcement

Biden Administration Advancing Initiatives To Stem Alleged Anti-Competitive Practices

Employers may recall that last year we reported on a sweeping new Executive Order (E.O.) signed by President Biden that is designed to promote competition throughout the economy. We also predicted that it was only a matter of time before federal agencies began adopting policies pursuant to the E.O. that would impact workplace compliance. Recent events appear to bear that...
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Category: Agency Enforcement

New AG Guidelines on FOIA “Presumption of Openness” Could Impact Workforce Data Disclosure

U.S. Attorney General Merrick Garland recently issued new guidelines reminding federal agencies that the federal Freedom of Information Act (FOIA) favors transparency and the disclosure of information in the government’s possession. Although the new guidelines don’t alter FOIA’s current exemptions from disclosure, the guidelines do send a strong signal that as a matter of policy the Biden Administration encourages the...
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Category: Agency Enforcement

Comments Filed Urging USDA To Withdraw Blacklisting Proposal

Our affiliated non-profit association, the Center for Workplace Compliance (CWC), as filed written comments with the U.S. Department of Agriculture (USDA) regarding that agency’s latest attempt to amend its procurement regulations to require USDA contractors to certify compliance with “all applicable labor laws” and deny contracts to bidders based on USDA’s assessment of their compliance records. As we reported recently,...

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