May 29, 2024
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Category: Agency Enforcement

EEOC Sues Multiple Employers for Failing To File EEO-1 Reports

The U.S. Equal Employment Opportunity Commission has sued 15 employers in 10 states for failing to file mandatory annual EEO-1 reports for a period of several years. The EEOC announced this unprecedented move in a May 29, 2024, press release. The employers include companies from the retail, construction, restaurant, manufacturing, logistics, and service industries. In each case, the EEOC is...
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May 20, 2024
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Category: Agency Enforcement

EEOC’s Final FY 2023 Enforcement Statistics Show 10% Increase in Charges Filed

For the second year in a row, there was a notable increase in discrimination charges filed with the Equal Employment Opportunity, according to the EEOC’s FY 2023 enforcement and litigation statistics. Fiscal year (FY) 2023 covers October 1, 2022, to September 30, 2023. The agency received 81,055 discrimination charges in FY 2023, a 10% increase from the year before. This is...
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April 10, 2024
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Category: Agency Enforcement

OSHA Finalizes Walkaround Rule Permitting Third Party Presence During Workplace Inspections

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has issued a final rule that permits employees to authorize a third party—including a labor union representative—to represent them during an OSHA inspection if the OSHA compliance officer believes that the third party’s presence is reasonably necessary for an effective and thorough physical workplace safety inspection. The new rule,...
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March 18, 2024
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Category: Agency Enforcement

DOJ Announces New “Bounty Hunter” Pilot Program for Corporate Whistleblowers

The U.S. Department of Justice (DOJ) will launch a pilot program later this year that will award monetary bounties to corporate whistleblowers that are not otherwise eligible for cash rewards under federal law. The focus will be on encouraging whistleblowing related to allegations of foreign corruption. DOJ’s Money Laundering and Asset Recovery Section (MLARS) will spearhead the pilot program. Acting...
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March 13, 2024
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Category: Affirmative Action and Diversity

OFCCP Intends To Expand Burdensome Construction Contractor Scheduling Letter, Form CC-314

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has announced that it wants to expand the scheduling letter and itemized listing by which it notifies federal construction contractors of a compliance audit. OFCCP also intends to add reporting items to Form CC-314, the Construction Contract Award Notification Requirement. These developments are consistent with the agency’s increased scrutiny of federal...
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March 04, 2024
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Category: Agency Enforcement

Whistleblower Activity Under Federal Laws Increased in FY 2023

Federal agencies that enforce whistleblower laws report an across-the-board increase in tips and complaints alleging unlawful activity by employers, as well as an increase in complaints alleging unlawful retaliation against whistleblowing employees, fiscal year 2023 statistics show. The four government agencies are the Justice Department, the Securities and Exchange Commission, the Commodity Futures Trading Commission, and the Labor Department’s Occupational Safety and...
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February 21, 2024
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Category: Agency Enforcement

Inflation Fuels Higher Civil Penalties for Federal Workplace Law Violations in 2024

To account for inflation, various federal workplace enforcement agencies recently raised the civil penalties they charge. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the Inflation Adjustment Act) mandates these yearly adjustments. This memo details employment- and immigration-related penalty increases announced by the Department of Labor (DOL), the Equal Employment Opportunity Commission (EEOC), and the Department of...
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February 14, 2024
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Category: Agency Enforcement

What’s With the Big Increase Recently in EEOC “Commissioner Charges”?

Enforcement data recently released by the Equal Employment Opportunity Commission (EEOC) show that Commissioners once again heavily used their authority to launch discrimination investigations by filing Commissioner charges. Commissioners filed 35 new Commissioner charges in FY 2023, eclipsing last year’s 20-year record of 29 such charges and wildly surpassing the three Commissioner charges filed in each of FY 2020 and...
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January 29, 2024
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Category: Agency Enforcement

DOL’s Release of FMLA/FLSA Enforcement Data Shows Little Change From Previous Year

Enforcement statistics related to the Family and Medical Leave Act and the Fair Labor Standards Act do not show much change from fiscal year 2022 to fiscal year 2023, according to data published by the Labor Department’s (DOL) Wage and Hour Division (WHD). The data showed that in FY 2023, WHD closed 334 cases in which it found an FMLA...
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January 06, 2024
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Category: Agency Enforcement

OFCCP Audits, Financial Recoveries Increased Notably in FY 2023

There were notable increases in the number of audits conducted by the Office of Federal Contract Compliance Programs (OFCCP) and the monetary remedies it obtained in 2023, according to an analysis of OFCCP data performed by the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association. OFCCP completed 1,056 supply-and-service (i.e., non-construction) compliance evaluation audits in fiscal year (FY) 2023, a...
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