Insights

June 03, 2024
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Category: Artificial Intelligence

Biden Administration Issues Guidance on Workplace Use of Artificial Intelligence

The U.S. Department of Labor and the Biden White House have published principles for AI developers and employers to follow regarding the use of artificial intelligence in the workplace. On May 16, 2024, DOL issued a guidance document entitled Artificial Intelligence and Worker Well-being: Principles and Best Practices for Developers and Employers, and the White House issued a Fact Sheet entitled Biden-Harris...
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June 03, 2024
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Category: Discrimination and Harassment

Red State AGs Are Challenging the Constitutionality of the EEOC

The Republican Attorneys General from several states have filed two federal lawsuits challenging actions of the U.S. Equal Employment Opportunity Commission on grounds that its structure is unconstitutional. On April 25, 2024, Tennessee and 16 other states filed suit in the U.S. District Court for the Eastern District of Arkansas challenging the EEOC’s final substantive regulations implementing the Pregnant Workers...
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May 30, 2024
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Category: Biden Administration

Biden Nominates Two for NLRB Seats, Ensuring Pro-Union Tilt Until 2026 If Confirmed by Senate

President Joe Biden has submitted two nominations for seats on the five-member National Labor Relations Board, one a Democrat and the other a Republican. The nominees are current Chair Lauren McFerran, a Democrat, to serve a third five-year term; and Republican Joshua L. Ditelberg, an employment law partner at Seyfarth Shaw, to fill a current Board vacancy. If the U.S. Senate...
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May 29, 2024
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Category: Arbitration and Dispute Resolution

Supreme Court Rules Trial Court Must “Stay” Litigation Pending Arbitration

Resolving a split among federal appeals courts, the U.S. Supreme Court has ruled unanimously that federal district courts must stay, or temporarily suspend, legal proceedings rather than dismiss the lawsuit when they order the parties to participate in arbitration. The case, Smith v. Spizzirri, is an employee misclassification case involving a mandatory arbitration agreement. The Supreme Court’s ruling, published May...
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May 29, 2024
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Category: State and Local Law

CWC Interstate: May 2024 Update

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, presents a round-up of employment-related state and local laws that have come to its attention since its last update in April. Topics involving more than one state include paid leave in Illinois, Maryland, and New York; and the addition of protected classes to equal pay laws in both Maryland...
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May 29, 2024
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Category: Agency Enforcement

EEOC Sues Multiple Employers for Failing To File EEO-1 Reports

The U.S. Equal Employment Opportunity Commission has sued 15 employers in 10 states for failing to file mandatory annual EEO-1 reports for a period of several years. The EEOC announced this unprecedented move in a May 29, 2024, press release. The employers include companies from the retail, construction, restaurant, manufacturing, logistics, and service industries. In each case, the EEOC is...
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May 23, 2024
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Category: Compliance Reporting and Recordkeeping

DOL’s Brief to Ninth Circuit in EEO-1 Data FOIA Litigation Defends Nondisclosure

The Office of Federal Contract Compliance Programs (OFCCP) should not be required to disclose the EEO-1 data of federal contractors that objected to the data’s release, the Labor Department told a federal appellate court in a brief filed May 9, 2024. In Center for Investigative Reporting v. U.S. Department of Labor, the U.S. District Court for the Northern District of...
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May 22, 2024
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Category: Compensation

CWC’s Updated “Talking Points” Guide on DOL’s New White Collar Overtime Regulations

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has written new Talking Points to help CWC members educate their managers and supervisors about the 2024 revisions to the Labor Department’s white-collar overtime regulations. These updated Talking Points supersede the Talking Points that CWC prepared in 2019 when DOL last revised the regulations. The new regulations increase the...
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May 21, 2024
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Category: Disability, Accommodations, and Leaves

Congress Approves Expansion of Lactation Protections for Airline Flight Crews

The FAA Reauthorization Act (H.R. 3935), which was signed into law May 16, 2024, not only reauthorizes the Federal Aviation Administration (FAA) for five years, but it also provides lactation protection for airline crew members. Section 421 of the bill directs the FAA to issue guidance to airlines regarding the expression of milk by crewmembers. Section 421 states that the...
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May 20, 2024
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Category: Discrimination and Harassment

Group of “Red” State AGs Files Challenge to EEOC’s New Harassment Guidance

Republican Attorneys General from 18 states filed a lawsuit May 13, 2024, challenging several provisions of workplace anti-harassment guidance  issued last month by the U.S. Equal Employment Opportunity Commission. Tennessee v. Equal Employment Opportunity Commission, filed in the U.S. District Court for the Eastern District of Tennessee, focuses on the provisions that relate to sexual orientation and gender identity (SOGI)...
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