Insights

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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August 09, 2023
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Category: COVID-19

Latest ATUS Shows Post-COVID Drop in Percentage of Persons Working from Home

The government’s latest annual American Time Use Survey (ATUS), covering calendar year 2022, shows an unsurprising drop in the percentage of U.S. workers working at home since the peak of the COVID-19 pandemic, although at-home work is still much more common than it was pre-COVID. The survey, conducted by the Department of Labor’s Bureau of Labor Statistics (BLS), indicates that...
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August 08, 2023
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Category: ADA

EEOC Issues Updated Guidance on Visual Disabilities in The Workplace

The U.S. Equal Employment Opportunity Commission (EEOC) has issued new guidance on visual impairments in the workplace, entitled Visual Disabilities in the Workplace and the Americans with Disabilities Act. The guidance discusses the impact of new technologies and highlights new methods for providing reasonable accommodations. It also discusses mitigation of the potential disadvantages to visually impaired individuals that can result from...
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August 07, 2023
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Category: Reporting

VETS-4212 Filing Season Opens, Filing Deadline for Submitting Reports Is September 30, 2023

The Labor Department’s Veterans’ Employment and Training Service (VETS) has announced the opening of the 2023 filing season for the annual VETS-4212 report that covered federal contractors must file. Completed reports are due September 30. The VETS-4212 provides a workforce snapshot by protected veteran status, as well as the contractor’s number of protected veteran new hires for the preceding 12-month...
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August 07, 2023
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Category: EEOC

FY 2024 Agency Funding Update: Big Gap in Amounts Approved by House and Senate Committees

House and Senate Appropriations Committees have made significant progress toward funding the federal government through fiscal year (FY) 2024, although the two committees are considering very different proposed funding levels for workforce enforcement agencies. A lot of work remains to be done before Congress hashes out the final numbers for FY 2024, but at this point it appears that agencies such...
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August 02, 2023
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Category: Featured

USCIS Issues New I-9 Form, Switchover Mandatory by November 1, 2023

U.S. Citizenship and Immigration Services (USCIS) has issued a new version of the Employment Eligibility Verification Form I-9 that employers must begin using by November 1, 2023. The new version, which is similar to the form that USCIS proposed in April 2022, does not alter an employer’s substantive identity and work authorization information collection responsibilities for completing an I-9. Rather, the...
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August 02, 2023
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Category: Government Contracts

DOL Revises Disclosure Form “LM-10” To Require Employers To ID Federal Contractor Status

An employer that is required to disclose its payments to anti-union consultants to the Labor Department’s Office of Labor-Management Standards (OLMS) will now have to indicate whether it is a federal contractor. OLMS said the revisions to Form LM-10 were necessary because of increased public interest in anti-union “persuader” activities. The revisions are also consistent with the Biden Administration’s efforts...
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August 01, 2023
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Category: Discrimination and Harassment

CWC’s “Post-Harvard Talking Points”

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has issued a guide on the Supreme Court’s landmark college admissions decision. Following the high court’s recent ruling that the use of race as a factor in the admissions policies of Harvard University and the University of North Carolina was unconstitutional, the “Post-Harvard Talking Points” guide is designed to explain...
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