Insights

June 21, 2023
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Category: FLSA

Sixth Circuit Rejects Two-Step Procedure for Certifying FLSA Class Claims

The U.S. Court of Appeals for the Sixth Circuit has rejected the often plaintiff-friendly conditional certification that many courts grant in allowing a collective action under the Fair Labor Standards Act to proceed. Instead, the court has adopted a standard that requires lead plaintiffs to first show a “strong likelihood” that other employees are similarly situated before allowing them to...
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June 21, 2023
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Category: Agency Enforcement

Latest Biden Regulatory Agenda Lists No New Workplace Initiatives

The Biden Administration’s latest semi-annual regulatory agenda, published on June 13, 2023, lists no new initiatives related to workplace compliance, as many of the initiatives it announced previously remain bogged down pending final action. This memo summarizes the latest workplace-related regulatory agendas of the Department of Labor (DOL) and its sub-agencies, such as the Office of Federal Contract Compliance Programs...
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June 21, 2023
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Category: Disability, Accommodations, and Leaves

Eleventh Circuit Rules No Unlawful Interference With FMLA Rights Absent Request for Leave

An employee’s failure to inform her employer that she was requesting leave under the Family and Medical Leave Act (FMLA) relieved the employer of its obligation to provide the employee with required FMLA notices, the U.S. Court of Appeals for the Eleventh Circuit ruled in Graves v. Brandstar, Inc., (11th Cir. May 9, 2023). Members of the Center for Workplace Compliance (CWC)...
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June 19, 2023
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Category: Agency Enforcement

EEOC’s Final FY 2022 Enforcement Numbers Show Big Jump in Charges Filed

Final enforcement and litigation statistics published by the Equal Employment Opportunity Commission (EEOC) for fiscal year (FY) 2022 show that the agency received 73,485 charges of discrimination last year, a 20% increase from the previous year. The statistics for FY 2022 (which ran from October 1, 2021, to September 30, 2022) counter a five-year decrease in charge filings and were...
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June 19, 2023
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Category: Government Contracts

Supreme Court Hones Standard for Establishing False Claims Act Liability

The U.S. Supreme Court has ruled that a company can be liable under the federal False Claims Act (FCA) for making a false claim against the government if the company knew or should have known that the claim was false, even if the claim was objectively reasonable. The decision is United States ex rel. Schutte v. SuperValu, Inc. (June 1,...
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June 14, 2023
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Category: Affirmative Action and Diversity

OFCCP Reminds Federal Contractors That AAP-VI Certification Deadline Is June 29

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has notified federal contractors that the 2023 deadline for certifying compliance via the agency’s online “Affirmative Action Program Verification Interface (AAP-VI)” Contractor Portal is June 29. Contractors that fail to meet the deadline are more likely to be targeted for a compliance audit, the agency warned. Members of the Center...
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June 14, 2023
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Category: Agency Enforcement

OFCCP Posts “CSAL” Targeting 250 Construction Contractor Establishments for Compliance Audits

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has posted a new Corporate Scheduling Announcement List (CSAL) identifying 250 federal and federally assisted construction contractors and subcontractors that are flagged for an upcoming compliance evaluation. According to the accompanying methodology posted by OFCCP, the new list consists of construction contractors “with the highest aggregated contract value for all contract work performed in...
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June 13, 2023
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Category: Agency Enforcement

NLRB GC Abruzzo Tells Field Staff That Non-Compete Agreements Likely Violate the NLRA

The National Labor Relations Board’s (NLRB) General Counsel Jennifer Abruzzo has issued a memorandum to the NLRB’s field staff expressing her view that non-compete agreements (NCAs) violate the National Labor Relations Act (NLRA) and asking them to find a case for her office to prosecute. Memorandum GC 23-08 follows a ruling earlier this year (McLaren Macomb) in which the NLRB’s Democratic majority...
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June 12, 2023
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Category: Labor Relations

Supreme Court Rules Employer Can Sue Union for Strike-Related Property Damage

In a decision that underscores the legal responsibility of a labor union to mitigate the risk of harm to an employer’s property during a work stoppage, the U.S. Supreme Court ruled 8 to 1 that a concrete company can sue a labor union for the intentional destruction of its property after union members went on strike. In Glacier Northwest, Inc. v....
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June 11, 2023
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Category: Agency Enforcement

OFCCP Gets Okay From OMB To Begin Using New Pre-Complaint Inquiry Form

The White House Office of Management and Budget (OMB) has approved a request from the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) to begin using a new “pre-complaint” inquiry form (new Form CC-390) designed to improve the efficiency of its discrimination complaint process. Beginning November 1, 2023, a federal contractor employee will be required to complete a Form...
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