November 18, 2024
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Category: Policies and Practices

CWC’s Guide To Implementing a Compliant Reduction-In-Force

In light of several recent headlines announcing significant layoffs, the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has updated its guide on conducting reductions-in-force (RIFs). CWC’s guide, entitled “Guide To Implementing a Compliant Reduction-In-Force,” reviews the major areas of risk that can arise for an employer in connection with a RIF. Four areas stand out as the most concerning...
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November 14, 2024
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Category: Policies and Practices

CFPB Warns That Certain Workplace Monitoring Technologies May Trigger Fair Credit Reporting Act

The Consumer Financial Protection Bureau has issued guidance warning that employers who use specific types of workplace monitoring technologies may inadvertently be risking liability under the Fair Credit Reporting Act (FCRA). Some workplace technology providers may satisfy the definition of a “consumer reporting agency” under the FCRA, according to CFPB’s Circular 2024-06—entitled Background Dossiers and Algorithmic Scores for Hiring, Promotion, and...
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October 24, 2024
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Category: Policies and Practices

CWC’s Guide to Political Discourse in the Workplace

With election season in full swing, employers may wish to review our updated Guide to Political Discourse in the Workplace. CWC’s Guide reviews the major areas of risk related to workplace policies on political discourse. The guide reviews the requirements of the National Labor Relations Act, which protects political speech related to employment issues; and federal non-discrimination laws, which allow employers to...
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October 16, 2024
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Category: Discrimination and Harassment

CWC’s Harassment Prevention Primer and Checklist

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, is pleased to present an updated version of its primer on preventing workplace harassment. The primer explains the definition of sexual harassment and describes various scenarios under which an employer may be held liable for actions by an employee’s supervisor or co-worker, or by a customer or vendor. It...
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September 09, 2024
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Category: Government Contracts

CWC’s Updated Primer on the Federal Drug-Free Workplace Act

In light of data showing increasing drug use among full-time employees in recent years, CWC thought it would be prudent to remind our members that the 1988 Drug-Free Workplace Act (DFWA) obligates covered federal contractors to provide a drug-free workplace. Therefore, we updated our DFWA primer to explain the DFWA’s coverage, contractors’ obligations, and penalties for noncompliance. The DFWA applies...
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August 22, 2024
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Category: Litigation

Federal Court Permanently Blocks FTC’s Controversial Non-Compete Rule

A federal district court in Texas has issued an order overturning a recent Federal Trade Commission (FTC) rule that bans most non-compete agreements. As a result, the rule will not take effect as scheduled September 4. The U.S. District Court for the Northern District of Texas ruled August 20, 2024, in Ryan LLC v. FTC that the FTC’s non-compete rule,...
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August 20, 2024
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Category: Data and Statistics

Latest National Substance Abuse Survey Shows Drug Use Up, Alcohol Use Down

The most recent national drug and alcohol use survey, which covers 2023, shows that illicit drug use was up among U.S. workers while alcohol use was down, compared with 2022. Findings from the latest National Survey on Drug Use and Health (NSDUH), conducted annually by the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA), show an increase in the...
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July 23, 2024
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Category: Data and Statistics

2023 Time Use Survey Shows Gap Closing Between At-Home Work Done by Male and Female Workers

The government’s latest American Time Use Survey (ATUS), which covers calendar year 2023, shows that full-time male employees are catching up to full-time female employees in the time they spend working from home on an average day. While the percentage difference in female FTEs compared with male FTEs working at home was reported as just over 12% in 2022, in...
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July 11, 2024
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Category: Agency Enforcement

Texas Federal Court Temporarily Blocks FTC’s Controversial Noncompete Rule

The U.S. District Court for the Northern District of Texas issued an order temporarily blocking the Federal Trade Commission from enforcing its controversial new noncompete rule against the U.S. Chamber of Commerce and the other plaintiffs who filed a lawsuit to invalidate it. The rule prohibits most noncompete agreements that restrict workers from taking a new job or starting a...
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June 03, 2024
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Category: Artificial Intelligence

Biden Administration Issues Guidance on Workplace Use of Artificial Intelligence

The U.S. Department of Labor and the Biden White House have published principles for AI developers and employers to follow regarding the use of artificial intelligence in the workplace. On May 16, 2024, DOL issued a guidance document entitled Artificial Intelligence and Worker Well-being: Principles and Best Practices for Developers and Employers, and the White House issued a Fact Sheet entitled Biden-Harris...
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