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Category: Agency Enforcement

EEOC Adopts New Five-Year (2024-2028) “Strategic Enforcement Plan”

The U.S. Equal Employment Opportunity Commission (EEOC or Commission) has released a new five-year Strategic Enforcement Plan (SEP) listing its enforcement priorities for the period 2024–2028. The SEP signals the Commission’s new focus on the potentially discriminatory impact of artificial intelligence (AI) and automated systems in the employment context. The new SEP also significantly broadens the category of vulnerable workers...
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Category: Agency Enforcement

SEC Cease and Desist Order Dings Employer for Trying To Limit Dodd-Frank Bounty Hunter Award

The Securities and Exchange Commission (SEC) has fined privately held energy company Monolith Resources $225,000 for using a severance agreement that allegedly deprived departing employees of the ability to qualify for whistleblower awards under the Dodd-Frank financial reform law. Monolith has agreed to the SEC’s September 8 cease and desist order and has modified its separation agreement to exempt whistleblower...
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Category: Agency Enforcement

EEOC and DOL’s Wage and Hour Division Sign Partnership Pact To Enhance Enforcement Efforts

The Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor’s Wage and Hour Division (WHD) have signed a Memorandum of Understanding (MOU). The agreement details the agencies’ plan to establish a referral system, share information, coordinate investigations, cross-train personnel, and conduct joint outreach events. The EEOC and WHD, which have broad authority over federal employment laws, said the...
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Category: Agency Enforcement

OSHA Issues Proposal To Reinstate Controversial “Union Walkaround Policy”

The U.S. Labor Department’s Occupational Safety and Health Administration (OSHA) has proposed revising its regulations to expressly permit employees to designate third parties, such as labor union officials, to accompany OSHA compliance officers on walkaround inspections of an employer’s workplace. The proposal essentially seeks to reinstate an Obama Administration policy that was ruled unlawful because it was not adopted through...
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Category: Agency Enforcement

OFCCP Posts New “CSAL” List Targeting 1,000 Establishments for Compliance Audits

Following recent actions by the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) that include adoption of a burdensome scheduling letter and revised evidentiary standards for alleged compliance violations, OFCCP has posted online a new Corporate Scheduling Announcement List (CSAL) targeting 1,000 federal contractor establishments for an upcoming compliance evaluation. The related methodology indicates that the list consists primarily of federal contractors in...
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Category: Agency Enforcement

OFCCP Sues DISH Network Over Suspended 2018 Audits

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has filed a formal enforcement action against DISH Network, alleging that since 2018 the company has rebuffed OFCCP’s attempts to schedule its establishments for compliance evaluations. OFCCP initially declined to proceed with a formal enforcement action due to lack of jurisdiction, but the complaint asserts that DISH has once again...
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Category: Agency Enforcement

EEOC Approves New Five-Year Strategic Plan

The Equal Employment Opportunity Commission (EEOC or Commission) has adopted a new five-year Strategic Plan for fiscal years (FY) 2022-2026. The plan is nearly identical to the draft plan that the agency published for public comment last November. Now that the Strategic Plan is finalized, the EEOC is likely to soon finalize its five-year Strategic Enforcement Plan (SEP). The SEP...
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Category: Agency Enforcement

OMB Approves OFCCP’s Burdensome New Scheduling Letter

The White House Office of Management and Budget (OMB) has approved major changes to the Scheduling Letter used by the Office of Federal Contract Compliance Programs (OFCCP) to schedule federal contractors for routine compliance audits. The new version of the letter, which will be valid through August 31, 2026, will substantially increase a contractor’s burden of providing data to the...
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Category: Agency Enforcement

OMB Seeks More Public Input Into Regulatory Process, as House Approves Major Reg Reform Bills

Illustrating the wide divide between the political parties regarding federal rulemaking, the Biden Administration is seeking greater public input into the current regulatory process while House Republicans want to completely overhaul it. The White House Office of Management and Budget (OMB) has instructed federal regulatory agencies to try to broaden public participation and community engagement in the regulatory process. Meanwhile,...
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Category: Agency Enforcement

OFCCP’s Administrative Litigation Activity Remains Fairly Low

More than two years into the Biden Administration, the Office of Federal Contract Compliance Programs (OFCCP) still hasn’t shown the level of formal enforcement activity from that we anticipated from the agency during the Biden Administration. Last October, the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, reported that the Biden Labor Department’s OFCCP had filed two formal...

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