Insights

May 16, 2024
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Category: AAP

OFCCP Files Formal Request With OMB To Extend Use of Contractor Portal

The Labor Department’s Office of Federal Contract Compliance Programs on May 13, 2024, submitted a formal request to the White House Office of Management and Budget (OMB) to renew its contractor portal for three years. Since 2022, federal contractors and subcontractors have used the portal, an online tool, to certify their affirmative action programs (AAPs). OFCCP announced in December 2023...
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May 15, 2024
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Category: Compensation

Highlights From CWC’s Web Workshop on DOL’s New “White Collar” Overtime Regulations

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, held a members-only web workshop May 7, 2024, to discuss the Labor Department’s new white-collar overtime regulations, which will take effect July 1, 2024. DOL’s rule increases the minimum amount that a salaried employee must be paid to be exempt from overtime pay—from the current $684 per week to...
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May 14, 2024
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Category: Arbitration and Dispute Resolution

Senate Committee Approves Bill Banning Pre-Dispute Arbitration of Age Discrimination Claims

A bill that would invalidate mandatory arbitration of age discrimination claims cleared a key Senate committee May 9, 2024, paving the way for possible enactment later this year. On a bipartisan 15 to 6 vote, the Senate Judiciary Committee approved and sent to the full Senate the Protecting Older Americans Act of 2023 (S. 1979). The bill builds on legislation enacted...
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May 13, 2024
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Category: Compensation

Washington State’s Pay Transparency Law Is Spurring Litigation

Two recent lawsuits brought under Washington state’s salary range disclosure law offer insights into various possible outcomes under the statute as lawsuits begin playing out in court. In Atkinson v. Aaron’s LLC, the U.S. District Court for the Western District of Washington dismissed a job applicant’s claim, finding that he lacked standing to sue because he had not suffered a...
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May 09, 2024
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Category: Artificial Intelligence

EEOC Brief Argues That AI Software Vendor Can Be Held Liable for Discrimination

The U.S. Equal Employment Opportunity Commission has filed a friend-of-the-court brief in a federal district court case, arguing that a human resources software company can be held directly liable for employment discrimination allegedly caused by its artificial intelligence (AI) tool. The EEOC’s brief in Mobley v. Workday, Inc., claims that a software vendor that provides online resume-screening services can be liable...
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May 07, 2024
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Category: Executive Order

Federal Appeals Court Upholds Biden’s Federal Contractor Minimum Wage

President Biden had the authority to establish a minimum wage for federal contractors that exceeds the federal statutory minimum wage, the U.S. Court of Appeals for the Tenth Circuit ruled April 30, 2024. In Bradford v. DOL, the Tenth Circuit became the first federal appeals court to rule on a challenge to the federal contractor minimum wage, although appeals are...
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May 02, 2024
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Category: Affirmative Action and Diversity

CWC’s FAQs on the New Federal Race/Ethnicity Data Reporting Standards

The new standards for collecting and reporting federal race and ethnicity data—published in March by the White House Office of Management and Budget (OMB)—will have a major impact on the reporting requirements imposed by the Equal Employment Opportunity Commission (EEOC) and the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP). The Center for Workplace Compliance (CWC), our affiliated nonprofit...
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May 01, 2024
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Category: Policies and Practices

FTC Finalizes Rule Banning Most Non-Compete Agreements; Legal Challenges Already Filed

The Federal Trade Commission (FTC) has issued a final rule that bans nearly all non-compete agreements. The rule will take effect 120 days after publication in the Federal Register, which is scheduled for May 7, 2024. The final rule prohibits an employer from entering into non-compete clauses with any of its workers, including independent contractors, volunteers, and interns. The rule defines...
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April 30, 2024
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Category: Comment Letter

CWC Comments Urge OFCCP To Amend Proposed Construction Contractor Scheduling Letter

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, wrote a comment letter to the Labor Department’s Office of Federal Contract Compliance Programs urging OFCCP to abandon expansive changes it is proposing to the Scheduling Letter through which it notifies federal construction contractors of an upcoming compliance evaluation. OFCCP solicited public comments on its proposed changes, as required...
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April 25, 2024
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Category: Comment Letter

CWC Comments to OFCCP Question Need for Reinstatement of Construction Contractor Form CC-257

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has submitted comments to the Labor Department’s Office of Contract Compliance Programs (OFCCP) on its proposal to reinstate a monthly version of its long-discontinued Utilization Report (Form CC-257) for federal construction contractors and subcontractors. CWC’s comments support OFCCP’s efforts to improve the process for scheduling federal contractors for compliance...
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