Insights

May 23, 2023
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Category: Disability, Accommodations, and Leaves

EEOC Updates COVID-19 Guidance as Public Health Emergency Expires

With the official expiration of the COVID-19 public health emergency on May 11, the Equal Employment Opportunity Commission (EEOC) has published revisions to its COVID-19 technical assistance guidance for employers, the first such revisions since July 2022. The EEOC’s original COVID-19 guidance, in the form of a set of Frequently Asked Questions (FAQs) posted on the EEOC’s website, was designed...
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May 22, 2023
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Category: Discrimination and Harassment

OFCCP Seeks Approval To Use New Pre-Complaint Inquiry Form

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has asked the White House Office of Management and Budget (OMB) for approval to use a new pre-complaint inquiry form (CC-390) that  individuals would have to submit before filing a formal discrimination complaint (CC-4). OFCCP also is seeking OMB approval to continue using the CC-4 with minor technical changes....
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May 22, 2023
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Category: Agency Enforcement

DOL Issues Guidance on “PUMP Act” Protections for Nursing Mothers

The Department of Labor (DOL) recently published guidance that interprets the provisions of the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), which Congress passed late last year. While the expanded protections do not require employers to pay for break time for expressing milk, the guidance provides several examples where break time would be compensable. The guidance also...
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May 17, 2023
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Category: COVID-19

DHS Confirms Remote I-9 Review Option To End on July 31

The temporary policy adopted during the COVID-19 pandemic that allows employers to conduct electronic I-9 verifications of employee identification and work authorization documents for remote new hires will end July 31, the U.S. Department of Homeland Security (DHS) has announced. Employers will have until August 30 to inspect in person any documents that were presented remotely. The agency has provided guidance advising...
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May 17, 2023
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Category: Compensation

Equal Pay Act Ruling by Federal Circuit Harmonizes Law on “Prima Facie” Case

In a recent ruling under the Equal Pay Act (EPA), the U.S. Court of Appeals for the Federal Circuit applied the same standard for establishing a prima facie case to suits arising from the federal sector as courts use for EPA cases arising in the private sector. While the decision in Moore v. United States, (Fed. Cir. April 28, 2023), involves...
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May 16, 2023
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Category: Agency Enforcement

NLRB General Counsel Abruzzo Continues Push To Overturn Trump-Era Precedent

Jennifer Abruzzo, a former union official and current National Labor Relations Board (NLRB or Board) General Counsel (GC), is actively working to make U.S. labor law more union-friendly. Her position as GC—which gives her unreviewable discretion to decide which alleged labor law violations to prosecute, and by extension, the legal theories on which the Board will rule—affords her the potential...
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May 16, 2023
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Category: COVID-19

New Biden Executive Order Officially Rescinds Federal Contractor Vaccine Mandate

President Biden has issued Executive Order 14099 (E.O.) officially rescinding the COVID-19 vaccine mandate for federal contractors as of May 12, 2023. The E.O. follows an announcement by the Department of Health and Human Services (HHS) that the COVID-19 public health emergency was ending May 11, 2023. The vaccine mandate for federal contractors was established in 2021 but never enforced...
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May 15, 2023
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Category: Policies and Practices

Gov’t Seeks Information on Employee Monitoring and Surveillance Practices With Regulation in Mind

The Biden Administration is asking the public to provide information by June 15 about employers’ use of automated systems to monitor and manage employees. The government made its request for information (RFI) in anticipation of potential future regulations aimed at ensuring that such surveillance systems do not undermine workers’ rights, opportunities, access, health, or safety. The White House is interested...
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May 11, 2023
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Category: Discrimination and Harassment

EEOC Settles With Firm Accused of Job Postings That Discriminated Against Americans

In a case that serves as a reminder that Title VII’s national origin discrimination protection extends to individuals of American national origin, the U.S. Equal Employment Opportunity Commission (EEOC) has settled charges with the operator of a job search website accused of running job postings that favored foreign nationals. The EEOC settled multiple charges of national origin discrimination with DHI...
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May 10, 2023
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Category: Wage and Hour

Fifth Circuit Revives Legal Challenge to DOL’s Revised Tip Regulations

The U.S. Court of Appeals for the Fifth Circuit has revived a legal challenge to regulations issued by the Biden Administration’s Department of Labor (DOL) in 2021 related to tips and the use of the tip credit under federal wage and hour law. In overturning a federal trial court decision in Restaurant Law Center v. U.S. Department of Labor that denied...
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