June 21, 2023
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Category: Agency Enforcement

Latest Biden Regulatory Agenda Lists No New Workplace Initiatives

The Biden Administration’s latest semi-annual regulatory agenda, published on June 13, 2023, lists no new initiatives related to workplace compliance, as many of the initiatives it announced previously remain bogged down pending final action. This memo summarizes the latest workplace-related regulatory agendas of the Department of Labor (DOL) and its sub-agencies, such as the Office of Federal Contract Compliance Programs...
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June 13, 2023
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Category: Agency Enforcement

NLRB GC Abruzzo Tells Field Staff That Non-Compete Agreements Likely Violate the NLRA

The National Labor Relations Board’s (NLRB) General Counsel Jennifer Abruzzo has issued a memorandum to the NLRB’s field staff expressing her view that non-compete agreements (NCAs) violate the National Labor Relations Act (NLRA) and asking them to find a case for her office to prosecute. Memorandum GC 23-08 follows a ruling earlier this year (McLaren Macomb) in which the NLRB’s Democratic majority...
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June 07, 2023
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Category: Agency Enforcement

New OFCCP Report Highlights FY 2022 Accomplishments of Agency’s Ombuds Service

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has published a report highlighting the activities and accomplishments of the agency’s Ombuds Service in fiscal year 2022. The report, OFCCP’s FY 2022 Ombuds Service Annual Report, suggests that this relatively new service is achieving its goal of facilitating “the fair and equitable resolution of specific types of concerns raised by...
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May 15, 2023
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Category: Policies and Practices

Gov’t Seeks Information on Employee Monitoring and Surveillance Practices With Regulation in Mind

The Biden Administration is asking the public to provide information by June 15 about employers’ use of automated systems to monitor and manage employees. The government made its request for information (RFI) in anticipation of potential future regulations aimed at ensuring that such surveillance systems do not undermine workers’ rights, opportunities, access, health, or safety. The White House is interested...
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November 11, 2022
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Category: Agency Enforcement

Biden Administration Issues “Blueprint for an AI Bill of Rights”

The Office of Science and Technology Policy within the Biden White House has published a white paper outlining five “principles” that should guide the development and use of artificial intelligence (AI) and algorithmic decision-making tools that have “the potential to meaningfully impact [the] rights, opportunities, or access” of the American public at large. Although this so-called AI Bill of Rights...
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November 07, 2022
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Category: Compliance Tools

Revise Model Self-ID Form Strengthens Confidentiality Disclaimer

The self-identification forms used by many employers in response to government demographic data reporting requirements typically contain a prominent disclosure that personal identifying data such as race, ethnicity, and sex will be kept confidential subject to certain conditions. For many years, we have made available to our employers a “model self-ID template” that contains a suggested confidentiality disclaimer. We are...
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October 28, 2022
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Category: Immigration

DHS Urged To Adopt Permanent Remote I-9 Document Verification Policy

For the second time in a year, our affiliated non-profit association, the Center for Workplace Compliance (CWC), has filed written comments with the U.S. Department of Homeland Security (DHS) in response to a request for public input on whether the agency should make permanent its current temporary policy of allowing employers to remotely examine Form I-9 identity and work authorization...
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October 28, 2022
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Category: Compliance Tools

EEOC Issues New “Know Your Rights” Poster

The Equal Employment Opportunity Commission (EEOC or Commission) has replaced its longstanding “EEO is the Law” poster with a new version, entitled “Know Your Rights.” The new poster makes several significant changes, including the addition of a “QR code” that when scanned directs a person to the EEOC’s webpage explaining how to file a charge of employment discrimination. Current EEOC...
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September 30, 2022
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Category: Government Contracts

Making Your 503/VEVRAA AAPs “Available” To Remote Applicants and Employees

Longstanding regulations issued by the U.S. Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) implementing Section 503 of the Rehabilitation Act (Section 503) and Section 4212 of the Vietnam-Era Veterans’ Readjustment Assistance Act (VEVRAA) require covered federal contractors to make their written 503/VEVRAA affirmative action programs (AAPs) available to employees and applicants upon request, and further require that the...
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September 23, 2022
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Category: Labor Relations

NLRB Makes It Harder To Ban Wearing of Union Insignia in the Workplace

The National Labor Relations Board (NLRB or Board), now under the majority control of Biden appointees and over the strong dissent of its two minority Republican members, has reversed a Trump-era ruling that made it easier for employers to restrict the apparel an employee can wear on the job, including the wearing of items that contain union logos or messaging,...
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