November 04, 2024
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Category: Agency Enforcement

NLRB Again Reports Big Increase in Unfair Labor Practice Charges in FY 2024

The number of unfair labor practice charges filed with the National Labor Relations Board increased for the fourth consecutive year in fiscal year 2024, NLRB enforcement data show. The 21,300 ULP charges filed from October 1, 2023—September 30, 2024, are the highest number filed since FY 2016. The Board made 259 final administrative determinations in FY 2024, up from 246...
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October 31, 2024
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Category: Agency Enforcement

Labor Department Enjoined From Enforcing E.O. 11246 Claim Against Federal Contractor

A federal district court has temporarily blocked the Office of Federal Contract Compliance Programs from continuing enforcement proceedings against a  janitorial services company that allegedly violated Executive Order 11246 by engaging in racially discriminatory hiring. The September 9 ruling by the U.S. District Court for the Southern District of Texas came in ABM Industry Groups v. U.S. Department of Labor....
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October 30, 2024
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Category: Agency Enforcement

DOL Enforcement Report Highlights Focus on Coercive Employment Contracts

The Solicitor of Labor has issued a report highlighting DOL’s recent enforcement priority—employment contracts with provisions that may discourage workers from exercising their rights under worker protection laws. The report, Solicitor of Labor Enforcement Report: Coercive Contractual Provisions, lists seven types of concerning provisions. The provisions most likely to concern DOL investigators are those that: require employees to agree that they...
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October 22, 2024
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Category: Agency Enforcement

FY 2023 USERRA Complaint Filings Down Slightly From a Year Ago

The number of complaints filed by military service members under USERRA dipped slightly for fiscal year 2023 but are still near historic highs, data from the Labor Department’s Veterans’ Employment and Training Service (DOL-VETS) show. The Uniformed Services Employment and Reemployment Rights Act protects the employment and reemployment rights of employees who have been called to active military duty. The...
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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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