Insights

April 18, 2023
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Category: Agency Enforcement

Does Modified EEOC–CA Worksharing Agreement Mean More Dual Charge Investigations?

A change in the worksharing agreement between the U.S. Equal Employment Opportunity Commission (EEOC) and California’s Civil Rights Department (CRD) suggests that an employer may have to respond to investigations by both agencies stemming from the same charge. The change appears to be driven by the agencies’ discrimination investigations of the company Activision Blizzard, but it has implications well beyond...
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April 17, 2023
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Category: Agency Enforcement

Civil Penalties for Federal Workplace Law Violations Are Significantly Higher for 2023

Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the Inflation Adjustment Act), the cost of violating employment-related federal laws and regulations enforced by the Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor (DOL), and the U.S. Department of Justice (DOJ) has increased by more than 7% for 2023. The Inflation Adjustment Act requires federal...
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April 17, 2023
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Category: Affirmative Action and Diversity

New York City Issues AI Bias Audit Law Implementing Regulations, Sets July 5 Effective Date

New York City, through its Department of Consumer and Worker Protection (DCWP), has published long-awaited Final Rules implementing the city’s first-of-its-kind artificial intelligence (AI) bias audit law, Local Law 144 of 2021. DCWP will begin enforcing the law on July 5, 2023. The AI bias audit law prohibits covered employers from using an artificial intelligence tool to screen a candidate or employee for a...
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April 14, 2023
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Category: Affirmative Action and Diversity

OFCCP AAP-VI 2023 Certification Update

Our affiliated non-profit association, the Center for Workplace Compliance (CWC) reported recently that the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has opened its online “Affirmative Action Program Verification Interface (AAP-VI),” through which federal contractors and subcontractors can certify that they developed and maintained Affirmative Action Programs (AAPs) that comply with OFCCP’s rules. Certifications for the 2023 annual...
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April 13, 2023
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Category: Affirmative Action and Diversity

OFCCP Issues New “Pay Equity” Resource

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP), in conjunction with the agency’s recent Equal Pay Day observation, issued a resource reminding federal contractors to discontinue discriminatory pay policies and practices. The new resource, “Taking a Proactive Approach to Achieving Pay Equity,” is available online here. Members of the Center for Workplace Compliance (CWC) can read more here.
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April 13, 2023
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Category: Agency Enforcement

New Biden E.O. Calls for Consideration of “Distributive Impacts and Equity” in Rulemaking

President Biden issued an executive order April 6, 2023, directing federal agencies to consider the “distributional consequences” of regulations to ensure that regulatory initiatives appropriately benefit and do not inappropriately burden disadvantaged, vulnerable, or marginalized communities. E.O. 14094, entitled “Modernizing Regulatory Review,” instructs federal agencies to give greater thought to the “distributive impacts and equity” of proposed regulatory changes, while...
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April 11, 2023
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Category: Compensation

$8 Million FLSA Settlement Shows Potential Risk of Not Accounting for Restricted Stock Value

An $8 million settlement was recently reached in a Fair Labor Standards Act (FLSA) class action that raised the complex issue of whether or how an employer should include equity compensation when calculating an employee’s regular rate for purposes of overtime pay. The preliminary settlement in Bowlay-Williams v. Google, LLC, No. 21-09942 (N.D. Cal.), resolved claims that an employer violated...
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April 11, 2023
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Category: Immigration

USCIS Completes FY 2024 H-1B Visa Lottery

U.S. Citizenship and Immigration Services (USCIS) has notified employers who were selected during its recent annual H-1B visa lottery that they can now file H-1B visa petitions for the upcoming fiscal year. Selected petitioners were able to begin the H-1B petition process starting April 1 and must file within the period indicated on their registration selection notice, which should be at...
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April 05, 2023
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Category: Disability, Accommodations, and Leaves

Biden DOL Issues First FMLA Opinion Letter

The Biden Administration’s Department of Labor (DOL) has issued its first opinion letter under the Family and Medical Leave Act (FMLA), taking the position that an employee with a chronic health condition is permitted to use reduced schedule FMLA leave to limit the individual’s workday to eight hours a day—at least until leave eligibility is exhausted—and thus not be required...
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April 03, 2023
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Category: OFCCP

OFCCP Director Jenny Yang Moves to White House; Michele Hodge Named Acting Director

Jenny Yang, who served as Director of the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) since the first day of the Biden Administration, has joined the Biden White House as Deputy Assistant to the President for Racial Justice and Equity. OFCCP Deputy Director Michele Hodge will serve as Acting OFCCP Director pending the appointment of a new permanent...
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