Insights

November 13, 2023
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Category: Artificial Intelligence

Sweeping New Biden Executive Order on AI Carves Out Role for Labor Department

President Biden has issued a wide-ranging executive order directing federal executive branch agencies to develop policies that manage the risks of artificial intelligence while recognizing its potential. Officially titled “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence,” E.O. 14110 was signed October 30, 2023. This memo focuses on the ramifications for the Department of Labor (DOL) and its...
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November 09, 2023
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Category: Compliance Reporting and Recordkeeping

Distilling EEOC’s Posted Guidance Regarding This Year’s EEO-1 Filing Season

As the online portal for filing the 2022 Component 1 Employer Information (EEO-1) Reports opened last week, the changes made this year by the Equal Employment Opportunity Commission (EEOC) to the EEO-1 filing procedures have generated many questions from filers. The EEOC responded by posting 93 pages of FAQs on its EEO-1 website, designated as Volume 2 and Volume 3. The guidance itself has...
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November 07, 2023
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Category: Comment Letter

CWC Urges EEOC To Conform New Workplace Harassment Guidance to Established Legal Principles

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has filed written comments with the Equal Employment Opportunity Commission (EEOC or Commission) on its proposed enforcement guidance on workplace harassment liability. Once adopted, the revised guidance will supersede existing guidance on the topic issued by the Commission over the last two decades. Our comments support the commission’s goal...
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November 07, 2023
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Category: Agency Enforcement

OFCCP Financial Settlement Update – November 2023

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has announced a large batch of financial settlements that it reached with federal contractors during the push to resolve pending investigations by the end of the 2023 fiscal year. Since early October, OFCCP has posted sixteen financial settlements, representing roughly $8 million in awards to victims of alleged discrimination. This...
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November 06, 2023
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Category: Labor Relations

NLRB, Brushing Off Employer Objections, Issues Expanded Joint Employer Rule

The Biden-appointed Democratic majority on the National Labor Relations Board (NLRB or Board) has issued a final rule redefining the standard for determining when two employers are considered a joint employer under the National Labor Relations Act (NLRA). The new rule will make it much easier for a business to be found to be a joint employer of another company’s employees and...
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November 01, 2023
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Category: Disability, Accommodations, and Leaves

CWC’s New Online Resource Explains Requirements of Pregnant Workers Fairness Act

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has uploaded its new online training resource related to the Pregnant Workers Fairness Act (PWFA), which took effect in June. The online training guide, which is presented in the form of a “Scroll” consisting of several short modules, is available to CWC members at no extra cost on the...
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November 01, 2023
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Category: Immigration

USCIS Proposes Revisions to the H-1B Visa Program

The U.S. Citizenship and Immigration Services (USCIS) component of the Department of Homeland Security (DHS) has issued a proposed rule to modernize the H-1B specialty occupation visa program. Its goal is to improve the program’s efficiency, provide more flexibility for both petitioners and beneficiaries, and reduce the potential for fraud. The proposal would change the registration selection process for H-1B...
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October 31, 2023
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Category: Affirmative Action and Diversity

CWC’s Primer on Title VI of the Civil Rights Act of 1964

Since the U.S. Supreme Court invalidated the race-conscious admissions policies used by Harvard University and the University of North Carolina (UNC), critics of affirmative action and corporate Diversity, Equity, and Inclusion (DEI) programs have claimed that the ruling supports legal challenges to corporate employment policies and programs. The Court’s ruling was limited to the higher education context, but the Justices...
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October 30, 2023
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Category: Congress

Key Appointments Update: Looman New DOL Wage and Hour Administrator, Burrows Clears Committee

The U.S. Senate recently took two significant steps regarding President Biden’s nominees for key workplace enforcement agency positions. It confirmed Jessica Looman as the Labor Department’s Wage and Hour Administrator, nearly 18 months after she was nominated. In another development, the Senate Health, Education, Labor, and Pensions (HELP) Committee approved and sent to the Senate floor President Biden’s nomination of...
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October 26, 2023
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Category: Agency Enforcement

CWC’s Side-by-Side Analysis of OFCCP’s New Scheduling Letter and Itemized Listing

In August, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) began using a more burdensome Scheduling Letter and Itemized Listing to notify federal contractors when they are flagged for a compliance evaluation. Federal contractors that are flagged for an audit under the new letter should be prepared to provide a great deal more information than OFCCP previously...
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