Insights

June 19, 2024
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Category: Labor Relations

Supreme Court Makes It Harder for NLRB To Get Preliminary Injunctions To Correct Alleged ULPs

The National Labor Relations Board has not shown the need for a preliminary injunction ordering Starbucks to rehire employees while the Board proceeds with its administrative complaint alleging an unfair labor practice against the coffeehouse chain, the U.S. Supreme Court decided June 13, 2024, in Starbucks Corporation v. McKinney. The Supreme Court held that courts should analyze the NLRB’s petitions...
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June 18, 2024
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Category: Compliance Reporting and Recordkeeping

CWC Urges OMB To Recognize the Compliance Burden Imposed by OFCCP’s Contractor Portal

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has commented on a request by the Office of Federal Contract Compliance Programs (OFCCP) to continue using its contractor portal. Federal contractors and subcontractors must use the contractor portal, an online tool, to certify annually that they have developed and maintained affirmative action programs (AAPs) in accordance with OFCCP’s...
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June 17, 2024
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Category: Artificial Intelligence

New Online Resource Covering State and Local Workplace-Related AI Laws

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has launched a State and Local AI Laws resource online. This new resource is designed to keep our members apprised of the growing number of state and local laws that govern the use of artificial intelligence in making employment decisions. Among the laws summarized in CWC’s new resource are...
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June 17, 2024
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Category: Legislation

Congress Adds Whistleblower Protection Penalties for Aviation-Safety-Related Complaints

Congress has added substantial monetary penalties as a remedy for whistleblower retaliation related to aviation safety violations. The penalties appear in the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21), which protects employees, contractors, and subcontractors of air carriers from retaliation for reporting aviation safety violations. The legislation, which Congress approved in May 2024 to reauthorize the...
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June 12, 2024
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Category: Agency Enforcement

OFCCP Posts New “CSAL” Flagging 500 Entities for Compliance Audits

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has posted a new Corporate Scheduling Announcement List (CSAL) notifying 500 supply-and-service federal contractor establishments that it has flagged them for an upcoming compliance evaluation. The FY 2024 CSAL Supply & Service Scheduling List, Release – 1 and updated FAQs show that OFCCP has identified 440 establishments for standard compliance reviews, 30...
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June 12, 2024
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Category: Affirmative Action and Diversity

Eleventh Circuit Halts Program Awarding Business Grants Only to Black Women

In another potential setback for corporate programs designed to enhance diversity, equity, and inclusion (DEI), a federal appeals court has told a lower court to halt a contest open only to Black women, pending a decision on whether it passes constitutional muster. A split three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit made the ruling June...
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June 12, 2024
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Category: Compliance Reporting and Recordkeeping

OMB Approves Use of Current Version of VETS-4212 for Another Three Years

The White House Office of Management and Budget (OMB) has approved the Labor Department’s request to continue using the current version of the Federal Contractor Veterans’ Employment Report (VETS-4212) through the 2026 filing season. The VETS-4212 is a mandatory annual report that covered federal contractors must file with DOL’s Veterans’ Employment and Training Service (DOL-VETS). The VETS-4212 is designed to collect...
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June 11, 2024
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Category: Discrimination and Harassment

EEOC Declares That Using Health Plan Denying Gender-Affirming Care Violates Title VII

The denial of health insurance coverage for gender-affirming care constitutes disparate treatment discrimination under Title VII of the 1964 Civil Rights Act, the Equal Employment Opportunity Commission ruled May 30, 2024, in Marc Lawrence a/k/a Terrell C. v. Rob Shriver. In this case, the retired employee’s Blue Cross Blue Shield FEHB Program specifically excluded coverage for services, medication, and supplies for...
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June 06, 2024
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Category: Artificial Intelligence

Colorado First State To Enact Expansive Law Governing Workplace Use of High Risk AI Systems

Colorado has enacted a first-of-its-kind state law (SB 24-205) that establishes comprehensive compliance obligations for covered employers that use high-risk artificial intelligence systems to assist in employment-related decisions. Subject to numerous exceptions, the statute defines “high-risk” AI systems as artificial intelligence systems that make or are a substantial factor in making a consequential decision. The statute defines a "consequential decision”...
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June 05, 2024
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Category: DOL

DOL Claims Manufacturer Is Jointly Liable for Child Labor Violations Committed by Its Supplier

The U.S. Department of Labor recently filed a lawsuit alleging that an auto manufacturer is jointly liable for child labor violations committed by one of its suppliers and the supplier’s staffing company. In its complaint, DOL alleges that the auto manufacturer is so interrelated with its supplier that it is an integrated employer for liability purposes under the Fair Labor Standards Act...
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