Insights

July 31, 2023
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Category: Agency Enforcement

OMB Seeks More Public Input Into Regulatory Process, as House Approves Major Reg Reform Bills

Illustrating the wide divide between the political parties regarding federal rulemaking, the Biden Administration is seeking greater public input into the current regulatory process while House Republicans want to completely overhaul it. The White House Office of Management and Budget (OMB) has instructed federal regulatory agencies to try to broaden public participation and community engagement in the regulatory process. Meanwhile,...
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July 26, 2023
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Category: Compliance Reporting and Recordkeeping

OSHA Reinstates Obama-Era Electronic Injury and Illness Data Reporting Rule

The Occupational Safety and Health Administration (OSHA) has finalized regulations that will require covered employers to electronically submit specified workplace injury and illness data so that the agency can make it available to the public. OSHA had promulgated electronic reporting requirements during the Obama Administration, but most of them were never implemented because the Trump Administration delayed and ultimately rescinded...
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July 26, 2023
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Category: Immigration

DHS Issues Final Rule Allowing I-9 Remote Verification Option for E-Verify Participants

The Department of Homeland Security (DHS) has published a final rule that will permit employers that participate in the E-Verify program and that used the temporary remote verification policy to continue to conduct I-9 verifications remotely. The final rule essentially makes permanent—with some significant changes—the temporary policy that DHS implemented during the COVID-19 pandemic and that was scheduled to expire July 31,...
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July 25, 2023
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Category: Affirmative Action and Diversity

State Democratic AGs Counter GOP AGs Letter Warning Companies That DEI Practices Will Be Scrutinized

A group of 21 Democratic State Attorneys General have sent a letter to Fortune 100 companies countering the letter sent to the same group recently by 13 Republican AGs warning the companies that their DEI practices must not discriminate on the basis of race. The dueling letters are the latest sign that DEI practices are under the spotlight following the...
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July 24, 2023
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Category: FLSA

Federal Court Once Again Rejects Restaurant Industry’s Challenge to Revised Tip Credit Rule

For the second time, a federal trial court in Texas has rejected an attempt by the restaurant industry to block enforcement of revised tip credit regulations issued by the Biden Administration’s Labor Department. The trial court’s latest ruling in Restaurant Law Center v. DOL, W.D. Tex. (July 6, 2023), comes after the U.S. Court of Appeals for the Fifth Circuit reversed...
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July 24, 2023
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Category: Policies and Practices

Colorado Amends Its Equal Pay for Equal Work Act (EPEWA), Effective 1/1/24

Amendments to Colorado’s Equal Pay for Equal Work Act (EPEWA), signed into law in June, are a mixed bag for covered employers. The EPEWA is the 2019 law that requires covered employers to include pay ranges in job postings for all jobs that could be performed in Colorado and to notify all employees about all promotional opportunities. The amended law, which will...
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July 19, 2023
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Category: Disability, Accommodations, and Leaves

New DOL Opinion Letter Addresses How Holiday Impacts Weekly Leave Entitlement

The Department of Labor (DOL) has issued a rare opinion letter under the Family and Medical Leave Act (FMLA) addressing the calculation of leave used by an employee who takes less than a full week of FMLA leave during a week that includes a holiday. DOL’s letter opines that if an employee takes less than a full week of FMLA...
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July 19, 2023
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Category: EEO-1

EEOC Confirms Delay in 2022 EEO-1 Filing Season Until Fall of 2023

The 2022 Component 1 Employer Information (EEO-1) reporting season will not begin until sometime this fall, according to an announcement on the website of the Equal Employment Opportunity Commission (EEOC). The annual EEO-1 filing season normally occurs during the second quarter, but the EEOC is delaying it while it awaits approval from the White House Office of Management and Budget...
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July 18, 2023
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Category: Affirmative Action and Diversity

13 GOP State AGs Send Letter to Fortune 100 With Warning That DEI Practices Will Be Scrutinized

Seizing on the Supreme Court’s recent decision barring the consideration of race in college admissions, the Republican Attorneys General of 13 states have signed a letter notifying Fortune 100 companies that their diversity, equity, and inclusion (DEI) practices are under scrutiny for potential race discrimination. Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.
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July 17, 2023
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Category: Discrimination and Harassment

Senate Confirms Plaintiffs’ Lawyer Kalpana Kotagal to EEOC, Giving Democrats Long-Awaited Majority

The Senate confirmed plaintiffs’ lawyer Kalpana Kotagal to a vacant seat on the Equal Employment Opportunity Commission (EEOC or Commission) last week, giving it a Democratic majority on the five-member Commission for the first time since January 2019. Ms. Kotagal’s term will end on July 1, 2027. With a 3 to 2 Democratic majority for the first time during the...
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