Insights

September 30, 2024
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Category: State and Local Law

CWC Interstate: September 2024 Update

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, presents its latest Interstate memo, which covers developments since August. Several state workplace laws will take effect January 1, 2025. These include: Illinois SB 3646, which limits the hours and occupations for workers under age 16 and requires adult supervision and 30-minute meal breaks after five consecutive hours. California AB 3234,...
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September 30, 2024
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Category: Compliance Reporting and Recordkeeping

Template for Assessing Disability and Veteran Outreach

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has updated its template for assessing outreach to persons with disabilities and protected veterans. It can assist CWC’s federal contractor members in organizing their data so they’re ready if the Office of Federal Contract Compliance Programs (OFCCP) audits them. The template also should make it easier to respond to items...
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September 26, 2024
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Category: Appropriations

Congress Averts Government Shutdown by Approving 3-Month Funding Extension

Congress has approved a short-term stop-gap measure to keep the federal government running until December 20, 2024. Otherwise, its funding would have dried up September 30. The Continuing Resolution (H.R. 9747) effectively will keep funding most government agencies—including the Department of Labor (DOL), the Equal Employment Opportunity Commission (EEOC), and the National Labor Relations Board (NLRB)—for three months. With the...
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September 25, 2024
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Category: Agency Enforcement

Employers Sued by EEOC for Failing To File EEO-1 Reports Are Settling

Multiple employers sued by the EEOC earlier this year for failing to file EEO-1 reports are now settling the lawsuits with detailed compliance agreements in federal district courts across the country. In each case, the companies allegedly failed to file mandatory EEO-1 reports for 2021 and 2022, despite written notice and demand from the EEOC. The settlement agreements appear to...
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September 25, 2024
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Category: Compensation

What CWC Members Need To Know About the EU Pay Transparency Directive

CWC members that have workers in any of the 27 European Union countries will have to comply with extensive pay transparency and reporting requirements beginning in 2026. Employers’ obligations under Directive 2023/970 (the Pay Transparency Directive) depend on the number of workers they have in the EU and the member states in which they work. For any employer with at...
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September 25, 2024
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Category: Agency Enforcement

CWC’s Updated Guide To Drafting an Effective EEOC Position Statement

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has updated its Guide to Drafting an Effective EEOC Position Statement now that the Equal Employment Opportunity Commission (EEOC) has transitioned to a digitized charge process. Once the EEOC receives a discrimination charge, an agency investigator will ask the employer to submit a position statement. The employer is well...
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September 23, 2024
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Category: Affirmative Action and Diversity

New EEOC Report Takes Another Look at Diversity in the High Tech Workforce and Sector

The Equal Employment Opportunity Commission has issued a report concluding that people of color are underrepresented in the high-tech workforce compared with their participation in the overall U.S. workforce. The report—High Tech, Low Inclusion: Diversity in the High Tech Workforce and Sector 2014-2022—concludes that people of color in high-tech jobs are better represented in the high-tech sector. The high-tech workforce refers...
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September 18, 2024
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Category: FLSA

Fifth Circuit Rules FLSA Recognizes DOL Power To Set White Collar “Salary Basis” Test

The Department of Labor acted within its authority in requiring employers to pay a minimum salary to employees who are classified as exempt from federal minimum wage and overtime requirements, the U.S. Court of Appeals for the Fifth Circuit ruled September 11 in Mayfield v. DOL. A unanimous three-judge panel noted that DOL has included a minimum-salary requirement in the...
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September 18, 2024
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Category: Discrimination and Harassment

Fifth Circuit Rules “Equitable Tolling” Allows for Late Filing With the EEOC

A federal appeals court has applied the doctrine of equitable tolling to extend the deadline for filing an unlawful retaliation charge with the Equal Employment Opportunity Commission (EEOC). In Weathers v. Houston Methodist Hospital, the U.S. Court of Appeals for the Fifth Circuit ruled September 4 that an individual who filed a discrimination charge with the EEOC two days late...
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September 17, 2024
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Category: Compliance Reporting and Recordkeeping

CWC’s Updated Personnel Processes Template for Protected Vets and People with Disabilities

CWC has updated our Personnel Processes Review Template to help our federal contractor members comply with government contracting regulations related to recruitment and hiring procedures for protected veterans and individuals with disabilities. Office of Federal Contract Compliance Programs (OFCCP) regulations about protected veterans under the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) are codified at 41 CFR Part 60-300. The...
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