Insights

November 07, 2024
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Category: Compliance Reporting and Recordkeeping

Religious Groups Seek To Block FCC Demographic Data Collection Similar to EEO-1 Report

A group of religious broadcasters has asked a federal appeals court to block the Federal Communications Commission (FCC) from collecting race and ethnicity data from broadcasters. The court’s ruling could have implications for similar data collections like the EEO-1 Report. Earlier this year, the Federal Communications Commission (FCC) voted to resume collecting race and ethnicity data from broadcasters, a practice...
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November 07, 2024
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Category: Agency Enforcement

FTC Fines Employer Over Allegedly Misleading Job Ads

The Federal Trade Commission has agreed to a $2.1 million settlement with a rideshare company over advertising practices that the Commission deemed “misleading or deceptive,” the FTC announced October 25. Specifically, the FTC alleged that some of the company’s advertisements to recruit drivers featured unrealistic earnings potential and others included misleading promotions language. The settlement serves as a reminder that—in addition to...
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November 04, 2024
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Category: State and Local Law

CWC Interstate: October 2024 Update

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, presents its latest update of state and local workplace compliance requirements, which covers developments that have occurred since the previous update in September. Issues include the following: Ban the box in San Diego, California, and Prince George’s County, Maryland Pay transparency in New Jersey Medical marijuana in Pittsburgh, Pennsylvania...
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November 04, 2024
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Category: Agency Enforcement

NLRB Again Reports Big Increase in Unfair Labor Practice Charges in FY 2024

The number of unfair labor practice charges filed with the National Labor Relations Board increased for the fourth consecutive year in fiscal year 2024, NLRB enforcement data show. The 21,300 ULP charges filed from October 1, 2023—September 30, 2024, are the highest number filed since FY 2016. The Board made 259 final administrative determinations in FY 2024, up from 246...
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October 31, 2024
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Category: Agency Enforcement

Labor Department Enjoined From Enforcing E.O. 11246 Claim Against Federal Contractor

A federal district court has temporarily blocked the Office of Federal Contract Compliance Programs from continuing enforcement proceedings against a  janitorial services company that allegedly violated Executive Order 11246 by engaging in racially discriminatory hiring. The September 9 ruling by the U.S. District Court for the Southern District of Texas came in ABM Industry Groups v. U.S. Department of Labor....
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October 31, 2024
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Category: Compliance Reporting and Recordkeeping

New FOIA Requests Seek Contractor EEO-1 Data From 2021

OFCCP will release the EEO-1 Type 2 Reports for thousands of contractors for the 2021 filing year unless the contractors file a written objection with OFCCP by December 9, the agency announced October 29, 2023. The release will occur in response to Freedom of Information Act requests from the University of Utah and a non-profit organization named As You Sow. The...
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October 30, 2024
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Category: Government Contracts

CWC Explains the Davis-Bacon Act

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has updated its primer on the Davis-Bacon Act. The Davis-Bacon Act (DBA) and a collection of laws called the Davis-Bacon Related Acts (DBRA) require contractors to pay laborers and mechanics working on covered federal construction contracts the prevailing wage and fringe benefits for the same job classification in the same area....
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October 30, 2024
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Category: Agency Enforcement

DOL Enforcement Report Highlights Focus on Coercive Employment Contracts

The Solicitor of Labor has issued a report highlighting DOL’s recent enforcement priority—employment contracts with provisions that may discourage workers from exercising their rights under worker protection laws. The report, Solicitor of Labor Enforcement Report: Coercive Contractual Provisions, lists seven types of concerning provisions. The provisions most likely to concern DOL investigators are those that: require employees to agree that they...
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October 28, 2024
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Category: Disability, Accommodations, and Leaves

Third Circuit Confirms Chronic Serious Health Condition Must Be Established at the Time of Leave

To qualify as having a serious health condition under the Family and Medical Leave Act, an employee must have sought periodic treatment before requesting or taking leave for a chronic condition, a federal appeals court ruled October 18, 2024, in Rodriquez v. SEPTA. In a win for employers, the U.S. Court of Appeals for the Third Circuit denied a former...
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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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