Insights

September 19, 2023
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Category: Agency Enforcement

EEOC and DOL’s Wage and Hour Division Sign Partnership Pact To Enhance Enforcement Efforts

The Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor’s Wage and Hour Division (WHD) have signed a Memorandum of Understanding (MOU). The agreement details the agencies’ plan to establish a referral system, share information, coordinate investigations, cross-train personnel, and conduct joint outreach events. The EEOC and WHD, which have broad authority over federal employment laws, said the...
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September 19, 2023
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Category: Compensation

State and Local Pay Transparency Law Update: Stay Current With CWC’s Online Resource

Over the past two years, there has been a proliferation of state and local laws that require covered employers to include hourly pay or salary ranges in their job postings. These laws have created compliance challenges, especially for employers with multi-state operations. The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, offers a Pay Transparency Requirements resource, available online in...
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September 18, 2023
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Category: Compliance Reporting and Recordkeeping

EEOC Revamps EEO-1 Filing Process, Filing Season for 2022 Reports Opens on October 31

The filing season for 2022 “Component 1” EEO-1 reports will run from October 31 to December 5, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) has announced. The agency also revealed that there will be significant changes to the filing process as it updates its EEO-1 website. It has revamped the Instruction Booklet and Data File Upload Specifications, with implications for employers that...
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September 13, 2023
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Category: Labor Relations

NLRB Issues Rule To Speed Up Union Representation Election Process

The Biden-appointed majority on the National Labor Relations Board (NLRB or Board) has issued a final rule intended to speed up union representation elections. The rule removes several time-consuming steps put in place by the Trump-era Board and is expected to benefit unions seeking representation by giving employers less time to dissuade workers from forming or joining a union. The new...
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September 12, 2023
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Category: Agency Enforcement

OSHA Issues Proposal To Reinstate Controversial “Union Walkaround Policy”

The U.S. Labor Department’s Occupational Safety and Health Administration (OSHA) has proposed revising its regulations to expressly permit employees to designate third parties, such as labor union officials, to accompany OSHA compliance officers on walkaround inspections of an employer’s workplace. The proposal essentially seeks to reinstate an Obama Administration policy that was ruled unlawful because it was not adopted through...
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September 12, 2023
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Category: Agency Enforcement

OFCCP Posts New “CSAL” List Targeting 1,000 Establishments for Compliance Audits

Following recent actions by the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) that include adoption of a burdensome scheduling letter and revised evidentiary standards for alleged compliance violations, OFCCP has posted online a new Corporate Scheduling Announcement List (CSAL) targeting 1,000 federal contractor establishments for an upcoming compliance evaluation. The related methodology indicates that the list consists primarily of federal contractors in...
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September 11, 2023
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Category: Government Contracts

New Law Banning TikTok on Government Devices Is Impacting Federal Contractors

The “No TikTok on Government Devices Act”—which Congress passed in December as part of the omnibus spending bill—has compliance implications for federal contractors. A few weeks ago, the Federal Acquisition Regulatory (FAR) Council published an Interim Rule to implement the new law. The interim rule requires federal contracting agencies to insert into new contracts a clause prohibiting the contractor from...
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September 11, 2023
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Category: ADA

Fourth Circuit Affirms That Expanded Damages/Jury Trials Not Available for ADA Retaliation Claims

The U.S. Court of Appeals for the Fourth Circuit has ruled that equitable relief is the only type of remedy available for retaliation claims brought under the Americans with Disabilities Act (ADA). On August 16, 2023, the Fourth Circuit held in Israelitt v. Enterprise Services that the ADA’s anti-retaliation provisions do not provide for compensatory or punitive damages or a...
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September 06, 2023
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Category: Agency Enforcement

OFCCP Sues DISH Network Over Suspended 2018 Audits

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has filed a formal enforcement action against DISH Network, alleging that since 2018 the company has rebuffed OFCCP’s attempts to schedule its establishments for compliance evaluations. OFCCP initially declined to proceed with a formal enforcement action due to lack of jurisdiction, but the complaint asserts that DISH has once again...
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September 06, 2023
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Category: Discrimination and Harassment

California High Court Rules Third-Party Vendor Can Be Sued for Discrimination Under State Law

The Supreme Court of California has ruled that a third-party vendor performing job application screening services for an employer can be sued directly for discrimination under the state’s Fair Employment and Housing Act (FEHA). The ruling in Raines v. U.S. Healthworks Medical Group aligns California law with the federal courts’ interpretation that Title VII and other federal antidiscrimination statutes extend...
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