Insights

April 03, 2023
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Category: Affirmative Action and Diversity

OFCCP Resets Annual Vets Hiring Benchmark at 5.4%

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has updated its annual Vets Hiring Benchmark to 5.4%, down from 5.5% in 2022. The annual benchmark, essentially the national percentage of veterans in the civilian labor force, is the measure that most federal contractors use as their protected veterans hiring benchmark for complying with OFCCP’s affirmative action regulations under...
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April 03, 2023
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Category: OFCCP

Republican Lawmakers Call Out Biden Administration’s Labor Advisor Program

Two influential Republican legislators have called out the Biden Administration’s labor advisor program for its resemblance to the controversial but never implemented blacklisting rule from the Obama era. The lawmakers—Rep. Virginia Foxx (R-NC), chairwoman of the House Education and the Workforce Committee; and Sen. Bill Cassidy (R-LA), the top Republican on the Senate Health, Education, Labor and Pensions (HELP) Committee—jointly...
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December 16, 2022
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Category: Agency Enforcement

Comments to NLRB Oppose Agency’s One-Sided Joint Employment Proposal

Our affiliated non-profit association, the Center for Workplace Compliance (CWC), has submitted written comments to the National Labor Relations Board (NLRB or Board) expressing strong opposition to the agency’s proposed rule for determining whether two employers are acting jointly for purposes of triggering obligations and responsibilities under the National Labor Relations Act (NLRA). If adopted as proposed, the rule would...
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December 16, 2022
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Category: Discrimination and Harassment

Congress Approves Respect for Marriage Act To Codify Same-Sex Marriage Recognition

As expected, the U.S. Congress has approved and sent to President Biden for his signature a bill that establishes a federal definition of marriage as being between two individuals (including same-sex partners) as valid in the state in which it was entered into. The measure would also require a valid marriage between two people recognized in one state to be...
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December 16, 2022
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Category: Agency Enforcement

California Privacy Act Covers Employers Beginning 1/1/2023; Still Awaiting Regulatory Guidance

For employers that operate in California, the exemption from coverage under the state’s sweeping California privacy law is about to expire, and as of January 1, 2023, any employer with at least $25 million in gross annual revenue will be required to comply. The 2018 California Consumer Privacy Act (CCPA), as amended by the 2020 California Privacy Rights Act (CPRA),...
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December 16, 2022
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Category: Agency Enforcement

EEOC Urged To Focus on Quality Investigations as Part of Agency’s New Strategic Plan

Our affiliated non-profit association, the Center for Workplace Compliance (CWC), has submitted written comments with the U.S. Equal Employment Opportunity Commission (EEOC or Commission) in response to the agency’s request for public input on its draft “Strategic Plan” for fiscal years (FY) 2022-2026. The Strategic Plan is designed to be a high-level blueprint of the EEOC’s priority enforcement and operational...
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December 09, 2022
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Category: Agency Enforcement

OFCCP Giving Contractors Until 1/2/2023 To Confirm Objections To EEO-1 Data Release

As we reported previously, the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) announced a few months ago that it had received a Freedom of Information Act (FOIA) request seeking thousands of federal contractors’ and subcontractors’ consolidated EEO-1 Reports filed during calendar years 2016 – 2020, and that it planned to release the requested information unless a written objection...
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December 02, 2022
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Category: Agency Enforcement

Biden-Era NLRB Continues Reshaping Federal Labor Law To Favor Union Organizing

As we have reported previously, President Biden has publicly expressed his desire to be known as the “most pro-union president” ever. Indeed, since the President took office, his administration has taken a number of high profile actions within the limits of its authority to shape federal labor law in a way that favors organized labor. These developments are especially significant...
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December 02, 2022
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Category: Discrimination and Harassment

Congress Clears “Speak Out Act” Banning Certain Pre-Dispute NDAs for President’s Signature

As we predicted, the lame-duck Congress has given final approval to the so-called “Speak Out Act” (S. 4524), federal legislation that would bar enforcement of pre-dispute nondisclosure and nondisparagement agreements related to sexual assault or sexual harassment. President Biden is expected to sign the measure into law when it reaches his desk. The Speak Out Act will be the second...
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December 02, 2022
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Category: Agency Enforcement

OFCCP Proposing To Tweak Its Prescribed Disability Self-ID “Form CC-305”

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has announced that it intends to make some changes to its mandated and highly prescriptive disability self-identification form (Form CC-305) as part of a routine request to the White House Office of Management and Budget (OMB) to continue using the form for another three years. While the proposed changes are...
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