Insights

July 28, 2025
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Category: Disability, Accommodations, and Leaves

Employer’s Honest Belief in FMLA Fraud Beats Employee’s Retaliation Claim, Sixth Circuit Rules

A recent opinion by the Sixth Circuit demonstrates how an employer can lawfully discharge an employee for suspected abuse of leave under the Family and Medical Leave Act. In Porter v. Jackson Township Highway Department, the U.S. Court of Appeals for the Sixth Circuit upheld an Ohio township’s termination of an employee, citing the township’s honest belief that he had abused...
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July 23, 2025
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Category: Labor Relations

Trump Nominates Two NLRB Members; Their Confirmations Would Enable Board To Issue Decisions

President Trump has nominated Scott Mayer and James Murphy to the National Labor Relations Board, the White House announced July 17. If the Senate confirms these nominees, the Board will have a quorum and be able to resume issuing decisions. Mayer, the chief labor counsel at aerospace company Boeing, would serve until December 16, 2029, in the seat vacated by Lauren...
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July 23, 2025
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Category: Compensation

New CWC Resource Covers International Pay Transparency and Reporting

CWC has prepared a resource explaining international pay transparency requirements to help members prepare for the 2026 EU Pay Transparency Directive deadline. This resource will help CWC members navigate the various requirements in countries where they have an employment presence. It will detail pay gap reporting and job pay transparency requirements, thresholds to application, and important reporting dates. Members of...
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July 22, 2025
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Category: Policies and Practices

DOJ Publishes Guidance on Prioritizing English as Official Language

The Justice Department published guidance recommending that federal agencies minimize non-essential multilingual services as part of implementing Executive Order 14224. E.O. 14224 designated English as the official language of the United States and rescinded a Clinton-era executive order that promoted governmental services for individuals with limited English proficiency. DOJ recommends that federal agencies: review any guidance based on E.O. 13166,...
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July 21, 2025
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Category: Affirmative Action and DEI

Ohio Eliminates Affirmative Action Requirements for State Contractors

Ohio’s appropriations law for FY 2026-2027 removed several provisions that required state contractors to implement a written affirmative action program (AAP). Additionally, the bill eliminates the requirement for construction contractors to have a certificate of compliance before bidding on some public works contracts. It is unclear how the state will enforce contracts that currently require contractors to maintain and verify...
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July 16, 2025
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Category: Labor Relations

Apple’s Removal of Union Pamphlets and Questions About Union Drive Are Not Unlawful, Court Rules

Apple store managers did not violate the National Labor Relations Act by questioning a worker about a union campaign and confiscating union pamphlets from an employee breakroom, the U.S. Court of Appeals for the Fifth Circuit ruled July 7 in Apple v. NLRB. Reversing an NLRB decision, the Fifth Circuit found no coercive interrogation at Apple’s World Trade Center store. The...
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July 16, 2025
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Category: Government Contracts

OFCCP Revises Discrimination Complaint Forms Without Opportunity for Comment

OFCCP has revised two of its forms — Complaint of Employment Discrimination Involving a Federal Contractor or Subcontractor (CC-4) and Pre-Complaint Inquiry for Employment Discrimination Involving a Federal Contractor or Subcontractor (CC-390) — without providing the usual opportunity for public comment. The changes reflect the rescission of Executive Order 11246 and signify the agency’s resumption of veteran and disability-based discrimination...
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July 15, 2025
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Category: Disability, Accommodations, and Leaves

DOL Withdraws Biden-Era Proposal to End Subminimum Wage Program for Disabled Workers

The Department of Labor announced July 7 that it is withdrawing a proposed rule from the Biden Administration to end a program through which it issues certificates allowing employers to pay subminimum wages to workers with disabilities in settings sometimes called sheltered workshops. The Biden-era DOL said the program is no longer necessary to motivate employers to hire people with significant disabilities because...
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July 14, 2025
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Category: Wage and Hour

DOL Won’t Request Liquidated Damages Under the FLSA Before Filing a Lawsuit

The Department of Labor’s Wage and Hour Division has returned to its policy of not seeking liquidated damages in pre-litigation settlements of Fair Labor Standards Act claims. Under the FLSA, liquidated damages may effectively double the amount due to non-exempt employees for violations such as worker misclassification or off-the-clock work. Recent Democratic administrations sought liquidated damages, in addition to back pay, at...
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July 10, 2025
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Category: Agency Enforcement

DOL Proposes Rescission of Apprenticeship Affirmative Action Obligations

The Department of Labor has proposed a rule to rescind affirmative action and equal employment requirements for registered apprenticeship sponsors. If adopted, the rule would eliminate affirmative action components that are currently required, so sponsors would no longer have to submit written affirmative action programs or written selection standards. Instead, sponsors would agree to comply with applicable federal and state nondiscrimination laws....
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