Insights

April 22, 2024
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Category: Discrimination and Harassment

Supreme Court Makes It Easier To Prove Discriminatory Job Transfer Under Title VII

In an important employment discrimination case, the U.S. Supreme Court has lowered the burden of proof for an employee to prove that an unwanted job transfer violated Title VII of the Civil Rights Act. Title VII prohibits a discriminatory job transfer even if it does not cause an employee significant harm, the U.S. Supreme Court ruled in Muldrow v. St. Louis. Resolving...
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April 22, 2024
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Category: Arbitration and Dispute Resolution

Supreme Court Rules FAA Transportation Worker Exemption Hinges on Driver’s Job, Not Industry

In a case addressing the scope of the Federal Arbitration Act’s transportation worker exemption, the U.S. Supreme Court ruled April 12 that a transportation worker does not have to work in the transportation industry to be exempt from an arbitration agreement. The unanimous ruling in Bissonnette v. LePage Bakeries clarifies that the exemption’s applicability depends on the nature of the worker’s work rather...
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April 18, 2024
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Category: Comment Letter

CWC Comments to OMB Support DOL’s Request To Extend the VETS-4212, Without Change

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has filed comments with OMB supporting a request from the Labor Department’s Veterans’ Employment and Training Service (DOL-VETS) to extend the Federal Contractor Veterans’ Employment Report (VETS-4212) for three more years. Approval from the White House Office of Management and Budget, which is expected soon, is the final step...
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April 18, 2024
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Category: Disability, Accommodations, and Leaves

Divided EEOC Issues Expansive PWFA Interpretive Regulations, Inviting Legal Challenges

The Equal Employment Opportunity Commission (EEOC) has issued final regulations interpreting the Pregnant Workers Fairness Act. The PWFA, which became law in 2022, codifies the right to request reasonable accommodations for pregnancy-related limitations. The expansive implementing regulations adopted by the EEOC’s Democratic majority, which are similar to the proposed regulations published last August, are almost certain to be challenged in...
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April 16, 2024
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Category: Immigration

USCIS Issues Temporary Rule Extending Certain EAD Expiration Dates for 540 Days

Some holders of Employment Authorization Documents (Form I-766) will receive automatic extensions under a temporary final rule published by the Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services (USCIS) on April 8, 2024. The automatic extensions apply to EAD holders who are awaiting approval of EAD renewals for which they filed on or after October 27, 2023, as...
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April 16, 2024
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Category: State and Local Law

CWC Interstate: April 2024 Update

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, presents its most recent Interstate memo to help its members stay on top of ever-evolving state and local workplace compliance developments. CWC’s latest update of employment-related state and local laws covers notable developments since February. Topics involving more than one state included paid leave and the posting of required...
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April 10, 2024
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Category: AAP

OFCCP Opens 2024 Contractor Portal for Annual AAP Certifications, Deadline Is July 1

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has opened its online Affirmative Action Program Verification Interface Portal (“contractor portal”) through which covered federal contractors must certify their compliance with the agency’s AAP requirements. Certifications must be completed by July 1, 2024. CWC’s review of OFCCP’s contractor portal landing page, Frequently Asked Questions (FAQs), and User Guide reveals that the registration and certification...
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April 10, 2024
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Category: Agency Enforcement

OSHA Finalizes Walkaround Rule Permitting Third Party Presence During Workplace Inspections

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has issued a final rule that permits employees to authorize a third party—including a labor union representative—to represent them during an OSHA inspection if the OSHA compliance officer believes that the third party’s presence is reasonably necessary for an effective and thorough physical workplace safety inspection. The new rule,...
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April 08, 2024
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Category: Comment Letter

CWC Files Comments on Proposed Federal Contractor Pay Transparency Regulations

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has filed comments with the White House Office of Federal Procurement Policy (OFPP) and the Federal Acquisition Regulatory (FAR) Council in response to the proposed rule on Pay Equity and Transparency in Federal Contracting. The proposal would require contractors to disclose salary and benefits in advertisements for jobs to be...
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April 08, 2024
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Category: Affirmative Action and Diversity

Divided FCC Votes To Resume Collecting Race/Ethnicity Data From Broadcasters

The Democratic majority on the Federal Communications Commission (FCC) voted recently to resume collecting race and ethnicity data from broadcasters, an information collection that the agency abandoned more than 20 years ago. Once the data is collected, the FCC intends to disclose it to the public in non-aggregated form as submitted by each covered broadcaster. Again on a 3 to...
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