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Category: Litigation

DOJ Appears To Give Up on Criminal “No-Poach” Prosecutions

The U.S. Department of Justice (DOJ) has dropped its remaining no-poach criminal case, apparently abandoning its strategy of challenging employers’ no-hire agreements as criminal conspiracies under the antitrust laws. On November 15, 2023, a federal trial court in Texas granted DOJ’s motion to dismiss criminal charges against Surgical Care Affiliates (SCA) and SCAI Holdings for allegedly conspiring not to hire...
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Category: Discrimination and Harassment

California High Court Rules Third-Party Vendor Can Be Sued for Discrimination Under State Law

The Supreme Court of California has ruled that a third-party vendor performing job application screening services for an employer can be sued directly for discrimination under the state’s Fair Employment and Housing Act (FEHA). The ruling in Raines v. U.S. Healthworks Medical Group aligns California law with the federal courts’ interpretation that Title VII and other federal antidiscrimination statutes extend...
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Category: Policies and Practices

Colorado Amends Its Equal Pay for Equal Work Act (EPEWA), Effective 1/1/24

Amendments to Colorado’s Equal Pay for Equal Work Act (EPEWA), signed into law in June, are a mixed bag for covered employers. The EPEWA is the 2019 law that requires covered employers to include pay ranges in job postings for all jobs that could be performed in Colorado and to notify all employees about all promotional opportunities. The amended law, which will...
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Category: Talent Acquisition and Management

New General Accountability Office Report Is Critical of Noncompete Agreements

A report released last month by the U.S. Government Accountability Office (GAO) finds that noncompete agreements tend to reduce workers’ pay by impairing their ability to change jobs or bargain for higher wages with their employer. The report, which a group of U.S. Senators requested more than four years ago, comes at the same time that the U.S. Federal Trade...
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Category: Discrimination and Harassment

New EEOC Guidance Addresses Potential Adverse Impact of AI in Employee Selection Procedures

The Equal Employment Opportunity Commission (EEOC) has issued guidance reminding employers that artificial intelligence (AI) tools are subject to the same rules as other employment selection devices when determining whether there is adverse impact against a protected group. Members of the Center for Workplace Compliance (CWC) can read more here.
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Category: Talent Acquisition and Management

CWC Comments to FTC Urge Withdrawal of Controversial Non-Compete Proposal

Our affiliated non-profit association, the Center for Workplace Compliance (CWC) filed written comments with the Federal Trade Commission (FTC) urging the agency to withdraw its proposed rule that, if implemented, effectively would ban non-compete agreements between most employers and their employees. Because the agency appears committed to moving forward, however, we also recommended ways to narrow the ban’s scope, such...
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Category: Affirmative Action and Diversity

New York City Issues AI Bias Audit Law Implementing Regulations, Sets July 5 Effective Date

New York City, through its Department of Consumer and Worker Protection (DCWP), has published long-awaited Final Rules implementing the city’s first-of-its-kind artificial intelligence (AI) bias audit law, Local Law 144 of 2021. DCWP will begin enforcing the law on July 5, 2023. The AI bias audit law prohibits covered employers from using an artificial intelligence tool to screen a candidate or employee for a...
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Category: Affirmative Action and Diversity

OFCCP Resets Annual Vets Hiring Benchmark at 5.4%

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has updated its annual Vets Hiring Benchmark to 5.4%, down from 5.5% in 2022. The annual benchmark, essentially the national percentage of veterans in the civilian labor force, is the measure that most federal contractors use as their protected veterans hiring benchmark for complying with OFCCP’s affirmative action regulations under...

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