Insights

July 10, 2024
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Category: Agency Enforcement

Supreme Court Scraps 40-Year-Old Test Requiring Courts To Defer to Agency Regulatory Interpretations

Federal courts should no longer defer to federal agencies’ interpretations of unclear statutory language, the U.S. Supreme Court ruled June 28, 2024, in Loper Bright Enterprises v. Raimondo. In that case, a divided Court overturned the Chevron deference principle under which courts deferred to federal agencies’ interpretations of ambiguous statutes. The Court said agencies do not have any special competence...
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July 09, 2024
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Category: State and Local Law

CWC Interstate: July 2024 Update

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, presents a new Interstate memo that reports on state and local compliance requirements and laws enacted since May 2024. Some of the laws on which we report relate to the effects of technology, specifically artificial intelligence (AI) discrimination in California and biometric privacy in Illinois. Other laws concern wages,...
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July 09, 2024
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Category: Affirmative Action and Diversity

OFCCP Financial Settlements in FY 2024 Q1-Q3

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has announced 16 formal settlements of enforcement actions against federal contractors during the first three quarters of fiscal year 2024, which spans the time period from October 1, 2023, to September 30, 2024. A financial settlement does not indicate wrongdoing. The Center for Workforce Compliance (CWC), our affiliated nonprofit membership...
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July 02, 2024
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Category: FLSA

DOL’s Overtime Rule Takes Effect as Federal Court Blocks Enforcement Against Texas

The first phase of the U.S. Labor Department’s recent revisions to its overtime regulations for executive, administrative, and professional employees went into effect July 1, 2024. DOL’s final rule increased the minimum salary level from $684 per week to $844 per week (equivalent to an annual salary of $43,888) on July 1, 2024, and to $1,128 per week (equivalent to an annual...
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July 02, 2024
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Category: Agency Enforcement

Staffing Firm Agrees To Pay Over $500,000 To Settle Citizenship Discrimination Allegations

The U.S. Justice Department has entered into a settlement agreement worth more than half a million dollars to end an immigrant bias investigation of a staffing agency. The $557,500 settlement resolves allegations that the staffing firm violated the Immigration and Nationality Act (INA) by using job postings that discouraged applications from non-U.S. citizens who were authorized to work in the United States....
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July 01, 2024
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Category: Agency Enforcement

OFCCP Asks OMB To Expand Construction Scheduling Letter and Itemized Listing

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has submitted a formal request to the White House Office of Management and Budget (OMB) to use a more detailed scheduling letter and itemized listing to notify federal construction contractors of a compliance audit. OFCCP unveiled its proposal for a new scheduling letter back in March. The Center for Workplace Compliance (CWC), our...
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June 27, 2024
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Category: Compliance Reporting and Recordkeeping

New Illinois Pay Reporting Recertification Notices Mistakenly Request Data From Wrong Year

The Illinois Department of Labor (IDOL) is issuing notices to remind employers that they must obtain a new Equal Pay Registration Certificate (EPRC) in 2024 if they obtained their initial EPRC in 2022. However, the state’s reminders included the wrong date for the employee-level compensation data that they must submit. Some of IDOL’s recertification notice emails to employers erroneously stated...
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June 27, 2024
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Category: Affirmative Action and Diversity

Updated Template for Good Faith Outreach Letter Available to CWC Members

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has updated its template for good faith outreach letters. CWC members can use this template when contacting external sources for help in identifying diverse candidates that they can recruit for job openings in their companies. This template can help members that are government contractors demonstrate their efforts to comply with...
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June 26, 2024
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Category: Affirmative Action and Diversity

Last Minute Technical Issues Once Again Impact OFCCP Contractor Portal Certification

With the July 1 certification deadline fast approaching, technical issues are again bedeviling OFCCP’s online Contractor Portal and preventing some federal contractors and subcontractors from certifying compliance with the Labor Department’s Office of Federal Contract Compliance Programs. The “Add Establishment” button is no longer available for many contractors on the “My Company” page. Other contractors are unable to certify more...
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June 24, 2024
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Category: Disability, Accommodations, and Leaves

Federal Courts Reach Different Opinions in PWFA Pregnancy Accommodation Cases

Two federal district courts considering challenges to regulations implementing the Pregnant Workers Fairness Act (PWFA) have reached different conclusions regarding the statute’s application to workers having elective abortions. The regulations, issued by the Equal Employment Opportunity Commission (EEOC), took effect June 18, 2024. In the first case, Tennessee v. EEOC (E.D. Ark. June 14, 2024), a federal district court in Arkansas...
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