Insights

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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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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