Insights

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Category: Legislation

CWC Interstate Special Edition: 2024 California Employment-Related Legislation Wrap-Up

This Interstate Special Edition summarizes employment-related bills signed by California Governor Gavin Newsom after the state legislature’s 2024 session. Captive Audience Ban: SB 399 essentially prevents employers from holding mandatory meetings about unionization. Crime Victim Leave: AB 2499 expands the circumstances under which employees can take state-paid sick leave after a crime. The leave will apply even where no one is charged...
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Category: Agency Enforcement

FY 2023 USERRA Complaint Filings Down Slightly From a Year Ago

The number of complaints filed by military service members under USERRA dipped slightly for fiscal year 2023 but are still near historic highs, data from the Labor Department’s Veterans’ Employment and Training Service (DOL-VETS) show. The Uniformed Services Employment and Reemployment Rights Act protects the employment and reemployment rights of employees who have been called to active military duty. The...
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Category: Compliance Reporting and Recordkeeping

EEOC Proposes a New Rule for Filers Seeking Exemption From EEO Reporting Requirements

The Equal Employment Opportunity Commission has proposed revising its rules regarding hardship exemptions to EEO reporting requirements. The proposed rule would delegate the Commission’s authority to decide hardship exemption applications to the agency’s chief data officer. It also would establish a procedure for applying for exemptions and provide examples of criteria for granting exemptions. Almost all covered employers and federal...
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Category: Affirmative Action and Diversity

Highlights From CWC’s Tenth Annual Talent Acquisition Compliance Summit

The Center for Workplace Compliance, our affiliated nonprofit membership association, held its tenth annual Talent Acquisition Compliance Summit October 3 and 4 in Reston, Va. The summit featured presentations, facilitated discussions, and small-group sessions covering legal, regulatory, and policy developments affecting recruitment and selection. Session topics included: “Ten Key Metrics for Evaluating TA Diversity and Compliance,” which examined ways to...
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Category: Affirmative Action and Diversity

Highlights From CWC’s 2024 Compliance, Diversity, and Inclusion Conference

The Center for Workplace Compliance, our affiliated nonprofit membership association, held its 2024 Compliance, Diversity, and Inclusion (CD&I) Conference in Reston, Va., on October 2 and 3. Representatives from member and prospective member companies engaged with CWC staff during several sessions. Session topics included: "A New Risk Landscape for Compliance and Diversity Programs,” about some employers’ reshaping of their CD&I...
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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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Category: Government Contracts

USDA Finalizes Procurement Revisions Without Controversial Blacklisting Provisions

The U.S. Department of Agriculture has amended the Agriculture Acquisition Regulation (AGAR) to align with changes to acquisition law, regulations, and internal USDA policies. The USDA’s final rule takes effect November 6, 2024. Notably, the rule does not include controversial blacklisting provisions that USDA had twice proposed previously. The blacklisting provisions, which CWC opposed, would have required USDA contractors to certify compliance...
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Category: Compliance Reporting and Recordkeeping

Construction Contractors Must Submit Monthly Reports

The Office of Federal Contract Compliance Programs has received approval to collect monthly reports from construction contractors detailing the number of their employees and their work hours by race/ethnicity, sex, and construction trade, although the agency has not yet announced when it will begin the monthly collection. The White House Office of Management and Budget (OMB) approved use of the...
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Category: ADA

U.S. Supreme Court Set To Hear Four Employment-Related Cases During New Term

The U.S. Supreme Court began its 2024-2025 term this week with several employment law cases on its docket: Stanley v. City of Sanford—This case concerns a disabled retiree’s challenge under the Americans with Disabilities Act of a change in retiree benefits that occurred more than 20 years ago. E.M.D. Sales v. Carrera—This case concerns the Fair Labor Standards Act’s exemption...
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Category: Agency Enforcement

OFCCP Enforcement Regime Is Unconstitutional, Contractor Argues

A janitorial contractor has sued to challenge the enforcement process of the Labor Department’s Office of Federal Contract Compliance Programs. The U.S. District Court for the Southern District of Texas is expected to make an initial ruling by the end of the month. DOL’s administrative enforcement process would change significantly if ABM Industry Groups succeeds in getting the court to...

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