November 15, 2023
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Category: Agency Enforcement

Latest Annual NLRB Enforcement Numbers Show Another Sharp Increase in ULP Charges Filed

The number of unfair labor practice (ULP) charges filed with the National Labor Relations Board (NLRB or Board) by workers and their union representatives has increased by 30% over the last two years, according to NLRB enforcement data. The 19,869 ULP charges filed in FY 2023 are the highest number of charges filed since FY 2016. The NLRB’s annual enforcement...
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November 07, 2023
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Category: Agency Enforcement

OFCCP Financial Settlement Update – November 2023

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has announced a large batch of financial settlements that it reached with federal contractors during the push to resolve pending investigations by the end of the 2023 fiscal year. Since early October, OFCCP has posted sixteen financial settlements, representing roughly $8 million in awards to victims of alleged discrimination. This...
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October 26, 2023
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Category: Agency Enforcement

CWC’s Side-by-Side Analysis of OFCCP’s New Scheduling Letter and Itemized Listing

In August, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) began using a more burdensome Scheduling Letter and Itemized Listing to notify federal contractors when they are flagged for a compliance evaluation. Federal contractors that are flagged for an audit under the new letter should be prepared to provide a great deal more information than OFCCP previously...
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October 04, 2023
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Category: Agency Enforcement

DOL and FTC Formally Agree To Share Compliance-Related Information

The U.S. Department of Labor (DOL) and the Federal Trade Commission (FTC) have signed a Memorandum of Understanding (MOU) in which they agreed to collaborate on matters for which they share enforcement responsibilities. These include worker misclassification, restrictive contract provisions, non-compete agreements, and unlawful wage-setting practices. Under the MOU, the agencies will share information, cross-train staff, and partner on compliance...
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October 02, 2023
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Category: Agency Enforcement

OFCCP Financial Settlement Update – October 2023

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, presents its latest update on major financial settlements that the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP)has announced since January. Since then, OFCCP has posted 12 new financial settlements, awarding more than $2 million to victims of alleged discrimination. This latest round of announced settlements brings monetary...
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September 25, 2023
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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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September 20, 2023
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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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September 19, 2023
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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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September 12, 2023
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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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September 12, 2023
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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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