Insights

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Category: Diversity/Equity/Inclusion

CWC’s 2024 Workplace Equity Policy Conference Highlights

The 2024 Workplace Equity Policy Conference hosted by the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, featured interactive sessions with Charlotte Burrows, Chair of the Equal Employment Opportunity Commission; and Michelle Hodge, Acting Director of the Office of Federal Contract Compliance Programs. The program’s 10 substantive sessions included presentations by Burrows and Hodge as well as by...
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Category: Appropriations

Biden FY 2025 Budget Proposal Seeks More Money for Workplace Enforcement Agencies

President Biden has submitted the Administration’s budget request for fiscal year 2025 to Congress. It calls for significant funding increases for the EEOC and other workplace regulatory agencies for FY 2025, which covers the period October 1, 2024, to September 30, 2025. It also proposes major policy changes, such as a paid family leave program and big increases in penalties...
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Category: Agency Enforcement

DOJ Announces New “Bounty Hunter” Pilot Program for Corporate Whistleblowers

The U.S. Department of Justice (DOJ) will launch a pilot program later this year that will award monetary bounties to corporate whistleblowers that are not otherwise eligible for cash rewards under federal law. The focus will be on encouraging whistleblowing related to allegations of foreign corruption. DOJ’s Money Laundering and Asset Recovery Section (MLARS) will spearhead the pilot program. Acting...
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Category: Affirmative Action and Diversity

OFCCP Intends To Expand Burdensome Construction Contractor Scheduling Letter, Form CC-314

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has announced that it wants to expand the scheduling letter and itemized listing by which it notifies federal construction contractors of a compliance audit. OFCCP also intends to add reporting items to Form CC-314, the Construction Contract Award Notification Requirement. These developments are consistent with the agency’s increased scrutiny of federal...
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Category: FLSA

DOL’s Controversial Independent Contractor Rule Goes Into Effect

The Department of Labor’s new independent contractor rule for worker classification under the Fair Labor Standards Act (FLSA) went into effect March 11, 2024, although it is subject to several legal challenges. This latest version of the ever-changing standard lists six non-weighted economic factors to consider when deciding whether a person is an independent contractor or an employee. The new...
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Category: Contingent Workers and Joint Employment

Federal Court Blocks Controversial NLRB Joint Employer Rule, Reinstates Trump-Era Rule

A federal trial court has vacated the controversial new National Labor Relations Board (NLRB) joint employer rule and restored the 2020 version of the rule that made it harder to find that an entity is a joint employer. If the new rule had taken effect as scheduled March 11, 2024, it would have been much easier to find that two...
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Category: Appropriations

Congress Flat Funds EEOC for Rest of FY 2024; No Deal Yet on DOL, NLRB Spending

Congress has allocated $455 million to the Equal Employment Opportunity Commission (EEOC) as part of a deal to fund a portion of the federal government through September 30, 2024. President Biden signed the measure March 9. The EEOC’s $455 million appropriation is the same amount it received in FY 2023, despite a request for a budget increase by the Biden...
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Category: Congress

Federal District Court in Texas Rules PWFA Not Lawfully Enacted, Enjoins Enforcement

A federal district court in Texas has ruled that the Pregnant Workers Fairness Act (PWFA) was not enacted lawfully because the House of Representatives did not have a quorum when it voted on the measure in late 2022. (The House had adopted a rule change in 2020 to temporarily allow proxy voting because of the COVID-19 pandemic.) The case is Texas...
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Category: Disability, Accommodations, and Leaves

BLS Reports Labor Force Participation by People With Disabilities Reached Record High in 2023

The U.S. Bureau of Labor Statistics’ latest annual report on labor force participation by people with disabilities shows steady progress over the last ten years, while underscoring the challenges that people with disabilities still face in finding work compared with individuals without disabilities. The percentage of people with a disability who had a job reached a record level of 22.5...
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Category: Compliance Reporting and Recordkeeping

OFCCP To Reinstate Burdensome Reporting Requirement for Construction Contractors

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has announced its intent to reinstate a revised version of its long-discontinued Form CC-257. If implemented, the revised Monthly Employment Utilization Report will require covered federal construction contractors and subcontractors to report data each month on headcount and work hours by race, ethnicity, sex, and construction trade. OFCCP stopped...

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