Insights

March 04, 2024
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Category: Agency Enforcement

Whistleblower Activity Under Federal Laws Increased in FY 2023

Federal agencies that enforce whistleblower laws report an across-the-board increase in tips and complaints alleging unlawful activity by employers, as well as an increase in complaints alleging unlawful retaliation against whistleblowing employees, fiscal year 2023 statistics show. The four government agencies are the Justice Department, the Securities and Exchange Commission, the Commodity Futures Trading Commission, and the Labor Department’s Occupational Safety and...
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February 28, 2024
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Category: Compliance Reporting and Recordkeeping

EEOC Announces Filing Season for 2023 EEO-1s Will Run From April 30 to June 4

The filing period for the mandatory Component 1 Employer Information (EEO-1) Reports covering 2023 employment data will open April 30, 2024, the Equal Employment Opportunity Commission (EEOC) has announced. Reports will be due five weeks later, on June 4, 2024. Filing specifics have not yet been released, but we think it is safe to say that filers will be able...
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February 26, 2024
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Category: Compliance Reporting and Recordkeeping

Disclosure of Federal Contractor EEO-1 Reports on Hold After DOL Appeals

A federal court has temporarily stayed its order from December 2023 forcing the Department of Labor (DOL) to release EEO-1 reports from federal contractors that objected to the data’s release. The case arose from a news organization’s Freedom of Information Act (FOIA) request. The U.S. District Court for the Northern District of California on February 16, 2024, put on hold...
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February 26, 2024
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Category: Compensation

OFCCP Publishes FAQs on Using Pay History in Making Employment Decisions

As part of the Biden administration’s effort to keep pay equity in the forefront as a domestic policy priority, the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has published a set of 10 Frequently Asked Questions (FAQs) that reiterate longstanding employment law principles on the role of pay history in employment decisions. OFCCP issued the FAQs on January...
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February 26, 2024
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Category: State and Local Law

CWC Interstate: February 2024 Update

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, presents its latest update of workplace-related state and local developments that have occurred since its December 2023 Interstate memo and the 2023 round-up that it published in January. Many of the laws discussed relate to new state or local provisions regarding paid leave and pay transparency. CWC members can read...
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February 22, 2024
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Category: Compliance Reporting and Recordkeeping

CWC’s Filing Guide for California’s 2023 Pay Data Reporting Requirements

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has updated its guide for meeting California’s annual pay data reporting requirements. The new version covers the rules for filing 2023 calendar year data, which must be submitted to California’s Civil Rights Department (CRD) by May 8, 2024. CWC’s guide provides tips on identifying the data that must be...
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February 21, 2024
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Category: Agency Enforcement

Inflation Fuels Higher Civil Penalties for Federal Workplace Law Violations in 2024

To account for inflation, various federal workplace enforcement agencies recently raised the civil penalties they charge. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the Inflation Adjustment Act) mandates these yearly adjustments. This memo details employment- and immigration-related penalty increases announced by the Department of Labor (DOL), the Equal Employment Opportunity Commission (EEOC), and the Department of...
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February 21, 2024
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Category: Supreme Court

Supreme Court Rules SOX Does Not Require Whistleblower To Show “Retaliatory Intent”

A whistleblower claiming unlawful retaliation under the Sarbanes-Oxley (SOX) Act does not need to show that the employer acted with retaliatory intent to establish a valid claim, the U.S. Supreme Court ruled February 8, 2024. Instead, a plaintiff need show only that the protected activity was a contributing factor to the adverse action. The burden then shifts back to the...
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February 20, 2024
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Category: Discrimination and Harassment

EEOC Revises Procedural Regulations To Incorporate Pregnant Workers Fairness Act

The U.S. Equal Employment Opportunity Commission (EEOC) has published an interim final rule (IFR) that revises its procedural and administrative regulations to account for the Pregnant Workers Fairness Act (PWFA), which took effect in June 2023. The IFR essentially applies EEOC’s existing procedural and administrative rules for Title VII and the other laws that EEOC enforces to the PWFA. The...
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February 15, 2024
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Category: Comment Letter

CWC’s Comments to OFCCP Urge Burden-Easing Changes to Contractor Portal

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has filed written comments with the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) urging it to reduce the compliance burden posed by its contractor portal. CWC’s comments responded to the agency’s announced intent to seek  approval from the White House Office of Management and Budget (OMB) to...
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