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Category: Agency Enforcement

EEOC Revises Rule Governing EEO Reporting Exemptions

The EEOC issued a final rule January 10, 2025, revising its regulations governing hardship exemptions from annual EEO-1 reporting.   To be exempt from EEO reporting requirements, an employer must show undue hardship. Previously, EEOC Commissioners voted on exemption applications. Now, however, the Chief Data Officer will process applications. Under the new rule, an exemption is more likely to be granted when: The filer...
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Category: Agency Enforcement

National Highway Traffic Safety Administration Finalizes New Bounty Hunter Program

The National Highway Traffic Safety Administration has published a final rule implementing its bounty hunter program. The rule provides that NHTSA may pay a monetary award to a whistleblower who provides original information that leads to the successful resolution of an enforcement action for violations of laws related to the manufacture or sale of motor vehicles and motor vehicle equipment. The...
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Category: Agency Enforcement

EEOC and OFCCP Modify Long-Standing MOU; DOJ Ends Its Participation

The Equal Employment Opportunity Commission and DOL’s Office of Federal Contract Compliance Programs signed a new Memorandum of Understanding (MOU) December 17, 2024, outlining how they will share information and process discrimination charges and complaints. Before doing so, the agencies rescinded a similar 2020 MOU that included the Department of Justice. The EEOC enforces Title VII of the 1964 Civil...
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Category: Agency Enforcement

Last Biden Regulatory Agenda Shows Limited Progress on Employment-Related Regulations

The Biden Administration has published the Fall 2024 semi-annual regulatory agenda. The unveiling of the current administration’s final regulatory agenda is largely an academic exercise in view of the Trump Administration’s imminent arrival, but it shows that the Biden Administration made little progress on workplace regulatory priorities in the last few months. According to the agenda: EEOC had planned to...
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Category: Agency Enforcement

Congress Again Averts Government Shutdown by Approving 3-Month Funding Extension

With the government scheduled to run out of funding on December 20, Congress approved a short-term stopgap measure to keep the doors open through March 28, 2025. This year, Congress again failed to pass an annual appropriations bill to fund the federal government before the new fiscal began October 1. Instead, lawmakers enacted a three-month Continuing Resolution that kept government...
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Category: Agency Enforcement

California Is Cracking Down on Employer Noncompliance With Ban-the-Box Law

California’s Civil Rights Department recently entered into settlements with multiple companies over alleged violations of the state’s ban-the-box law, CRD announced December 3. The settlements involved allegations that the companies violated the California Fair Chance Act by improperly rejecting job applicants based on their criminal history. CRD concluded that the companies violated the Act by: Failing to show a direct...
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Category: Agency Enforcement

OFCCP Audits, Financial Remedies Decreased in FY 2024

OFCCP had a slow year in FY 2024, awarding less money in discrimination cases to fewer class members and completing fewer audits than at any time in recent memory, according to enforcement data released by the agency. The data, which cover the period from October 1, 2023, to September 30, 2024, show that OFCCP completed 14% fewer supply-and-service (non-construction) audits...
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Category: Agency Enforcement

President-Elect Trump Taps Rep. Lori Chavez-DeRemer To Be Secretary of Labor

President-elect Donald Trump (R-Oregon) has named Oregon Representative Lori Chavez-DeRemer as his choice to be the next Secretary of Labor. The first-term Congresswoman is an unconventional choice in view of her support for the Protecting the Right to Organize (PRO) Act (H.R. 20), legislation that would rewrite labor law in favor of organized labor. Sean O’Brien, the general president of...
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Category: Agency Enforcement

OFCCP Posts New “CSAL” Flagging 2000 Entities for Compliance Audits

OFCCP’s latest Corporate Scheduling Announcement List (CSAL) puts some 2,000 federal contractor entities on notice that they’ve been flagged for an upcoming compliance audit. According to the newly posted FY 2025 CSAL Supply & Service Scheduling List, Release – 1 and updated FAQs, OFCCP has identified 1,880 establishments for standard compliance reviews, 60 establishments for Corporate Management Compliance Evaluation (CMCE) reviews, 48 entities...
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Category: Agency Enforcement

DOL Reports Recovery of Back Wages for FLSA Violations Decreased in FY 2024

DOL’s recovery of back wages for violations under the Fair Labor Standards Act has dropped to its lowest level in a decade, according to limited enforcement data reported by the Labor Department’s Wage and Hour Division. The amount of back wages collected by WHD decreased by 4% in fiscal year 2024 compared with the amount collected in FY 2023. In...

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