Insights

January 30, 2024
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Category: Compensation

Most Recent Annual BLS Gender Pay Gap Survey (2023) Shows Narrowest Margin Yet Recorded

The wage gap percentage between women and men was 16.2% at the end of 2023, according to a report from the Labor Department’s Bureau of Labor Statistics. The 16.2% wage gap is the narrowest margin reported since BLS began conducting the survey in 1979, when the gap was 37.7%. Although the wage gap has been narrowing steadily, progress has been...
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January 29, 2024
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Category: Agency Enforcement

DOL’s Release of FMLA/FLSA Enforcement Data Shows Little Change From Previous Year

Enforcement statistics related to the Family and Medical Leave Act and the Fair Labor Standards Act do not show much change from fiscal year 2022 to fiscal year 2023, according to data published by the Labor Department’s (DOL) Wage and Hour Division (WHD). The data showed that in FY 2023, WHD closed 334 cases in which it found an FMLA...
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January 24, 2024
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Category: Immigration

USCIS Announces Changes to H-1B Visa Petition Process To Improve Efficiency

The Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services (USCIS) has announced changes to the H-1B visa process that will take effect in February for the FY 2025 electronic registration season. USCIS said the changes will increase efficiency and ease collaboration for organizations and their legal representatives. The changes include the introduction of an online filing system for...
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January 23, 2024
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Category: DOL

Labor Department Proposes Major Revisions to “Registered Apprenticeship Program”

The U.S. Department of Labor (DOL) proposed significant revisions to its Depression-era registered apprenticeship program in a proposed rule published January 17, 2024, in the Federal Register. The proposal would add numerous provisions intended to bolster workforce protections for apprentices and enhance workforce diversity, equity, inclusion, and accessibility (DEIA). Critics claim that the proposal would add bureaucracy and discourage participation by employers...
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January 23, 2024
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Category: Labor Relations

D.C. Circuit Affirms NLRB Ruling That T-Mobile Operated an Illegal Company Union

Wireless telecommunications carrier T-Mobile established an illegal company union that must be dissolved, a divided appeals court panel ruled January 12, 2024. T-Voice, a worker feedback program created by T-Mobile, fit the definition of a labor organization under the National Labor Relations Act (NLRA), a panel of the U.S. Court of Appeals for the District of Columbia held. The panel...
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January 22, 2024
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Category: Appropriations

Congress Averts Government Shutdown by Extending Federal Funding Until March

The U.S. Congress once again has enacted a temporary spending measure, called a continuing resolution (CR), to avert a partial shutdown of the federal government. The CR will enable most federal government operations to continue functioning at the same levels as the last fiscal year (FY) through either March 1 or March 8, 2024, depending on the agency. While this...
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January 17, 2024
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Category: Compliance Reporting and Recordkeeping

CWC’s Updated Summary of Federal EEO/AA Recordkeeping Requirements Now Available Online

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has updated its comprehensive summary of federal EEO/AA recordkeeping requirements. Summary of Recordkeeping Requirements: Federal Fair Employment and Affirmative Action Laws incorporates changes that have occurred since 2017. The new summary covers the FEP/AA recordkeeping requirements imposed under 12 federal statutes, including the recently enacted Pregnant Workers Fairness Act,...
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January 17, 2024
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Category: Data and Statistics

Employment-Related Lawsuits Filed in Federal Court Increased in 2023

Total employment-related lawsuits filed in federal courts increased by nearly 9% in fiscal year 2023 over the preceding year, according to statistics from the Administrative Office of the U.S. Courts. A 21% increase in suits filed under the Americans with Disabilities Act (ADA) led the uptick, which ended a four-year downward trend in the filing of employment-related federal lawsuits. Despite the...
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January 17, 2024
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Category: Arbitration and Dispute Resolution

Federal Court Cements Ban On California’s Latest Attempt To Outlaw Employment Arbitration

California cannot prohibit employers from requiring employees to sign arbitration agreements as a condition of employment, under a federal court order entered January 2, 2024. The permanent injunction came in a lawsuit from the U.S. Chamber of Commerce challenging a 2019 California law that effectively barred mandatory arbitration of employment disputes. The order from the U.S. District Court for the Eastern...
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January 16, 2024
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Category: FLSA

DOL Finalizes Rule Making It Harder To Show Worker Is Independent Contractor

The U.S. Department of Labor (DOL) has finalized a rule that determines whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA). The new rule will go into effect March 11, 2024. It rescinds regulations issued during the Trump Administration and adopts a controversial six-part economic reality test applied during the Obama Administration. Although...
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