October 09, 2024
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Category: Agency Enforcement

OFCCP Enforcement Regime Is Unconstitutional, Contractor Argues

A janitorial contractor has sued to challenge the enforcement process of the Labor Department’s Office of Federal Contract Compliance Programs. The U.S. District Court for the Southern District of Texas is expected to make an initial ruling by the end of the month. DOL’s administrative enforcement process would change significantly if ABM Industry Groups succeeds in getting the court to...
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September 25, 2024
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Category: Agency Enforcement

Employers Sued by EEOC for Failing To File EEO-1 Reports Are Settling

Multiple employers sued by the EEOC earlier this year for failing to file EEO-1 reports are now settling the lawsuits with detailed compliance agreements in federal district courts across the country. In each case, the companies allegedly failed to file mandatory EEO-1 reports for 2021 and 2022, despite written notice and demand from the EEOC. The settlement agreements appear to...
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September 25, 2024
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Category: Agency Enforcement

CWC’s Updated Guide To Drafting an Effective EEOC Position Statement

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has updated its Guide to Drafting an Effective EEOC Position Statement now that the Equal Employment Opportunity Commission (EEOC) has transitioned to a digitized charge process. Once the EEOC receives a discrimination charge, an agency investigator will ask the employer to submit a position statement. The employer is well...
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September 10, 2024
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Category: Agency Enforcement

OFCCP Agrees to First Nationwide ERCA Since Beginning of Biden Administration

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has signed an Early Resolution Conciliation Agreement (ERCA) with State Street Corporation that includes an audit moratorium on the contractor’s establishments nationwide. Although ERCAs granting a multi-year moratorium on establishment audits were common during the previous administration, this is the first ERCA of which we are aware during the Biden...
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September 04, 2024
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Category: Agency Enforcement

DOL and NLRB Commit To Further Assist Antitrust Agencies in Merger Investigations

The Department of Labor (DOL) and the National Labor Relations Board (NLRB) have signed a Memorandum of Understanding (MOU) with the government’s antitrust enforcement agencies, committing to share information that could help in investigations of allegedly anticompetitive merger acquisitions. The MOU with the Department of Justice (DOJ) and the Federal Trade Commission (FTC), formally called the Memorandum of Understanding on...
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August 05, 2024
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Category: Agency Enforcement

OMB Approves OFCCP’s Burdensome New Construction Contractor Scheduling Letter

The White House Office of Management and Budget (OMB) has approved the Office of Federal Contract Compliance Programs’ (OFCCP) expanded version of the Scheduling Letter and Itemized Listing for notifying construction contractors of a compliance evaluation. OMB also has approved a revised version of OFCCP’s new Construction Contract Award Notification Requirement Form (Form CC-314). Both approvals begin July 31, 2024,...
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August 01, 2024
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Category: Agency Enforcement

OFCCP Issues New Directive on “Expedited Conciliation Procedures”

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has issued a new Directive 2024-01, “Expedited Conciliation Procedures,” that outlines the process that the agency will follow when offering an expedited conciliation option to a federal contractor that is under review. OFCCP’s 2023 rule on Pre-enforcement Notice and Conciliation Procedures details the “expedited conciliation option.” While Directive 2024-01 formally rescinds...
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July 16, 2024
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Category: Agency Enforcement

Latest Biden Reg Agenda Lists EEOC Pay Data Collection Rulemaking in Early 2025

The Biden Administration’s latest semi-annual regulatory agenda, published July 5, 2024, confirms that the Equal Employment Opportunity Commission (EEOC) plans to propose regulations early next year that will lead to a new pay data collection tool. Meanwhile, the Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) has extended the timeline for modernizing its affirmative action regulations, with...
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July 11, 2024
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Category: Agency Enforcement

Texas Federal Court Temporarily Blocks FTC’s Controversial Noncompete Rule

The U.S. District Court for the Northern District of Texas issued an order temporarily blocking the Federal Trade Commission from enforcing its controversial new noncompete rule against the U.S. Chamber of Commerce and the other plaintiffs who filed a lawsuit to invalidate it. The rule prohibits most noncompete agreements that restrict workers from taking a new job or starting a...
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July 10, 2024
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Category: Agency Enforcement

Supreme Court Scraps 40-Year-Old Test Requiring Courts To Defer to Agency Regulatory Interpretations

Federal courts should no longer defer to federal agencies’ interpretations of unclear statutory language, the U.S. Supreme Court ruled June 28, 2024, in Loper Bright Enterprises v. Raimondo. In that case, a divided Court overturned the Chevron deference principle under which courts deferred to federal agencies’ interpretations of ambiguous statutes. The Court said agencies do not have any special competence...
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