Insights

September 05, 2023
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Category: FLSA

DOL Proposed Rule Would Make Millions of White Collar Workers Eligible for Overtime

The Department of Labor (DOL) has released its long-expected proposal to revise the regulations governing the minimum wage and overtime exemption for salaried employees under the Fair Labor Standards Act (FLSA). The proposed rule would increase by nearly 55 percent the current salary threshold under which an otherwise exempt white collar worker would qualify for overtime pay. Specifically, the minimum...
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September 05, 2023
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Category: ADA

DOJ Proposes Expanded Web Accessibility Regulations for Public Sector Websites

The U.S. Department of Justice (DOJ) has proposed revisions to its rules governing the accessibility of state and local government websites under Title II of the Americans with Disabilities Act (ADA). The proposed rulemaking would not apply to private sector employers, which are covered by ADA Title III, but it sends a strong signal about DOJ’s attitude toward website accessibility,...
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August 30, 2023
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Category: Affirmative Action and Diversity

Fresh After Affirmative Action College Admissions Case Win, Plaintiffs Turn to Private Sector

Affirmative action opponents are following their successful Supreme Court challenge of the admissions policies of Harvard and the University of North Carolina by suing entities in the private sector for allegedly discriminatory race-based employment practices. The American Alliance for Equal Rights filed lawsuits against two major law firms, alleging race-based discrimination in their fellowship programs for summer interns. A separate...
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August 29, 2023
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Category: Discrimination and Harassment

5th Circuit Rules Ultimate Employment Decision Not Required for Title VII Disparate Treatment Claim

The full U.S. Court of Appeals for the Fifth Circuit has reversed its own precedent and ruled that an employee can allege a disparate treatment claim under Title VII of the Civil Rights Act even if the claim does not involve an ultimate employment decision such as termination, denial of a promotion, or the setting of pay. In reversing a...
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August 29, 2023
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Category: Agency Enforcement

EEOC Approves New Five-Year Strategic Plan

The Equal Employment Opportunity Commission (EEOC or Commission) has adopted a new five-year Strategic Plan for fiscal years (FY) 2022-2026. The plan is nearly identical to the draft plan that the agency published for public comment last November. Now that the Strategic Plan is finalized, the EEOC is likely to soon finalize its five-year Strategic Enforcement Plan (SEP). The SEP...
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August 28, 2023
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Category: Agency Enforcement

OMB Approves OFCCP’s Burdensome New Scheduling Letter

The White House Office of Management and Budget (OMB) has approved major changes to the Scheduling Letter used by the Office of Federal Contract Compliance Programs (OFCCP) to schedule federal contractors for routine compliance audits. The new version of the letter, which will be valid through August 31, 2026, will substantially increase a contractor’s burden of providing data to the...
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August 23, 2023
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Category: Wage and Hour

DOL Finalizes Wage Regulations Benefiting Union Construction Contractors

The Department of Labor (DOL) has finalized significant revisions to its regulations implementing the Davis-Bacon Act (DBA) for the first time in 40 years. The revisions are likely to make it much easier for unionized construction firms to obtain contract awards by significantly increasing the use of union wage rates in setting prevailing wages on federal construction projects. The revised regulations...
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August 22, 2023
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Category: Immigration

Fourth Circuit Rejects Intentional Discrimination Claim by DACA Beneficiary

In DeLeon Resendiz v. Exxon Mobil Corp., the U.S. Court of Appeals for the Fourth Circuit recently rejected a claim brought under 42 U.S.C. § 1981 by a beneficiary of the Deferred Action for Childhood Arrivals (DACA) program. The Fourth Circuit held that Exxon Mobil did not intentionally discriminate against him by withdrawing its internship offer because he lacked the permanent...
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August 22, 2023
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Category: Immigration

Canada Launches New Program To Attract U.S. H-1B Visa Holders

A new program through which highly skilled foreign workers with U.S. H-1B visas can live and work in Canada based on their U.S. visa status was flooded with so many applications that it filled its quota in one day. The program’s wild popularity underscores the problems with the current U.S. H-1B visa program, both for employers and H-1B visa beneficiaries....
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August 10, 2023
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Category: Labor Relations

NLRB Scuttles “Boeing” Standard, Adopts Test More Likely To Find Work Rules Violate the NLRA

The National Labor Relations Board (NLRB or Board) has crafted a new standard that will make it more difficult for an employer to apply an otherwise neutral workplace conduct rule without violating federal labor law. Stericycle Inc., 372 NLRB No. 113 (August 2, 2023), adopted a “reasonable tendency to chill” test, under which a challenged workplace rule or policy is...
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