Insights

August 28, 2024
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Category: State and Local Law

CWC Interstate: August 2024 Update

This Interstate memo covers state developments since July, including: California: Assembly Bill 2288/Senate Bill 92 amends the Private Attorneys General Act (PAGA). Illinois: SB 3649 effectively bans captive audience meetings. Illinois: HB 3773 clarifies that employers may not use artificial intelligence (AI) that discriminates based on protected characteristics and that employers must notify applicants and employees before using AI in employment-related decisions. Illinois: H.B....
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August 28, 2024
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Category: Discrimination and Harassment

8th Circuit Rejects Claim That Firing for Posting Anti-LGBTQ+ Language Was Religious Discrimination

Arconic Corp. did not discriminate on the basis of religion under Title VII of the Civil Rights Act of 1964 when it fired an employee for posting anti-LGBTQ+ language on its intranet site, even though the employee’s post was based on his sincere religious beliefs, the U.S. Court of Appeals for the Eighth Circuit has ruled. In upholding a federal trial...
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August 27, 2024
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Category: Comment Letter

CWC Urges USDA To Keep “Blacklisting” Out of Its Revised Procurement Regulations

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, filed comments August 27 supporting the U.S. Department of Agriculture’s decision to drop controversial blacklisting provisions from its proposed overhaul of its procurement regulations. USDA’s decision to drop the provisions is a reversal from the proposed overhaul of the Agriculture Acquisition Regulation (AGAR) that the agency published two years...
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August 22, 2024
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Category: Litigation

Federal Court Permanently Blocks FTC’s Controversial Non-Compete Rule

A federal district court in Texas has issued an order overturning a recent Federal Trade Commission (FTC) rule that bans most non-compete agreements. As a result, the rule will not take effect as scheduled September 4. The U.S. District Court for the Northern District of Texas ruled August 20, 2024, in Ryan LLC v. FTC that the FTC’s non-compete rule,...
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August 20, 2024
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Category: Data and Statistics

Latest National Substance Abuse Survey Shows Drug Use Up, Alcohol Use Down

The most recent national drug and alcohol use survey, which covers 2023, shows that illicit drug use was up among U.S. workers while alcohol use was down, compared with 2022. Findings from the latest National Survey on Drug Use and Health (NSDUH), conducted annually by the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA), show an increase in the...
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August 20, 2024
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Category: Compensation

Massachusetts Latest State To Require Pay Ranges in Job Postings

Massachusetts has become the latest state to require covered employers to post salary ranges in their job listings. H.4890, signed into law by Governor Healey on July 31, 2024, will require employers with 25 or more employees in Massachusetts to disclose pay ranges in job postings and provide a pay range to employees to whom they offer a transfer or...
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August 19, 2024
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Category: Immigration

USCIS Conducts Second H-1B Registration Lottery

U.S. Citizenship and Immigration Services (USCIS) has conducted a second H-1B visa registration lottery to generate enough petitions to fill this year’s visa cap allotment. Employers selected in the second lottery should have received notice from USCIS that they are now eligible to file an H-1B petition for the beneficiary named in the selected registration. CWC members that registered in...
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August 15, 2024
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Category: Compliance Reporting and Recordkeeping

CWC Comments to OMB Argue Against Reinstatement of OFCCP’s Burdensome Form CC-257

CWC has submitted written comments to the White House Office of Management and Budget (OMB) contending that the Office of Federal Contract Compliance Programs’ (OFCCP) request to reinstate the Monthly Employment Utilization Report (Form CC-257) is unnecessary and burdensome. The form would require covered construction contractors and subcontractors to collect and report headcount and hours-worked data by race, ethnicity, sex,...
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August 13, 2024
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Category: Retalliation

DOJ Launches New Corporate Whistleblower Awards Pilot Program

The U.S. Department of Justice (DOJ) has rolled out a pilot program that provides cash bounties to corporate whistleblowers who are not otherwise eligible for cash awards under existing federal whistleblower laws. DOJ officially launched the program, dubbed the Corporate Whistleblower Awards Pilot Program, on August 1, 2024. It is scheduled to run for three years. Under the program, individuals reporting...
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August 12, 2024
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Category: Immigration

USCIS Quietly Updates I-9 Form With New Expiration Date

The U.S. Citizenship and Immigration Services agency has issued an updated version of the Form I-9 with a new expiration date of May 31, 2027. USCIS administers the employment eligibility verification requirements of the 1986 Immigration Reform and Control Act (IRCA). USCIS has updated the Form I-9, Employment Eligibility Verification, with a new expiration date of May 31, 2027. The previous version...
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