Insights

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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May 09, 2023
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Category: Labor Relations

NLRB Gives More Protection to Workers Who Engage in Offensive Conduct

The National Labor Relations Board (NLRB or Board) has ruled that federal labor law gives broad protection to workers who make offensive outbursts—including racist and sexist statements—while engaging in protected activity. In this case, the Board concluded that an employer violated the National Labor Relations Act (NLRA) when it fired a union representative who made heated remarks during a safety...
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May 08, 2023
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Category: Compensation

EEOC Asks OMB to Approve Three-Year Extension of EEO-1 Component 1 Data Reporting

The Equal Employment Opportunity Commission (EEOC) is seeking approval from the White House Office of Management and Budget (OMB) to continue using a slightly modified version of the Component 1 EEO-1 Report for another three years. If approved by OMB as expected, the slightly revised EEO-1 will go into effect for reports filed through 2025. The Center for Workplace Compliance...
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April 26, 2023
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Category: Disability, Accommodations, and Leaves

CWC’s Comments to OMB Urge Changes to OFCCP’s Prescriptive Disability Self-ID Form CC-305

Our affiliated non-profit association, the Center for Workplace Compliance (CWC) filed written comments with the White House Office of Management and Budget (OMB) in response to a request by the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP), which is seeking OMB approval to continue using the prescriptive disability self-identification Form CC-305 for three more years with only minor...
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April 26, 2023
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Category: COVID-19

Sixth Circuit in Ciraci v. Smucker’s Denies Employees’ First Amendment Vax Mandate Claim

Employees who were denied a religious exemption from their government contractor employer’s COVID-19 vaccine mandate did not have a valid cause of action under the First Amendment to the U.S. Constitution, according to the U.S. Court of Appeals for the Sixth Circuit. The Sixth Circuit’s ruling in Ciraci v. J. M. Smucker Co. serves as a useful reminder that Constitutional guarantees such...
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April 24, 2023
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Category: Compensation

Third Circuit Rules Paid Time Off Is Not Salary for FLSA Purposes

Paid time off (PTO) is not part of an employee’s salary, and therefore an employer did not violate the Fair Labor Standards Act (FLSA) by making deductions from FLSA-exempt employees’ paid time off if they failed to meet productivity goals, the U.S. Court of Appeals for the Third Circuit ruled recently in a case of first impression. The workers in Higgins...
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April 20, 2023
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Category: Agency Enforcement

OFCCP Submits Proposed Burdensome New Scheduling Letter to OMB for Approval

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) is asking the White House Office of Management and Budget (OMB) to approve a revised Scheduling Letter and Itemized Listing that would substantially increase the administrative burden on a federal contractor scheduled for a compliance audit. If OMB approves it, the revised scheduling letter would require covered contractors to submit...
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April 19, 2023
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Category: EEO-1

OFCCP Publicly Releases 2016-2020 EEO-1 Data Reported by Over 19,000 Federal Contractors

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has begun releasing the 2016-2020 consolidated Type 2 Employer Information (EEO-1) Report data of 19,400 federal contractors and subcontractors that did not file a Freedom of Information Act (FOIA) objection to the release of their data. OFCCP’s action is in response to a FOIA request filed last year by the...
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