Insights

July 09, 2025
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Category: Wage and Hour

DOL Proposes Rescinding Obama-Era Rule That Narrowed FLSA Exemption for Companion Care Workers

The Department of Labor has proposed rolling back Obama-era changes to Fair Labor Standards Act regulations on companionship services. When domestic workers were brought under FLSA protections, Congress carved out an exemption for companionship care — defined as providing fellowship, care, and protection to seniors and individuals with disabilities.  The 2013 rule narrowed the exemption by limiting it to workers...
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July 09, 2025
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Category: Wage and Hour

DOL Proposes Removing Some FLSA Policy Statements and Interpretive Rules From Regulatory Code

The Department of Labor is proposing to move certain interpretive rules and policy statements related to the Fair Labor Standards Act from the Code of Federal Regulations to the Wage and Hour Division’s Field Operations Handbook. DOL says these provisions were never subject to notice-and-comment rulemaking.   The most significant provisions relate to the FLSA’s motor carrier exemption. Other impacted provisions relate to seafarers and...
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July 08, 2025
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Category: Affirmative Action and DEI

OFCCP Resumes Processing Section 503 and VEVRAA Complaints But Closes Pending Compliance Reviews

All pending compliance reviews arising under Section 503 of the Rehabilitation Act and Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act will be administratively closed, but the Office of Federal Contract Compliance Programs will resume processing Section 503 and VEVRAA complaint investigations as normal, OFCCP announced July 2. The agency’s announcement came in response to the Labor Secretary’s...
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July 01, 2025
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Category: Affirmative Action and Diversity

OFCCP Proposes Eliminating Disability Self-Identification and Analysis Requirements

The Office of Federal Contract Compliance Programs is proposing to eliminate longstanding disability compliance requirements, including self-identification, utilization analyses, and applicant tracking. If approved, OFCCP’s two Notices of Proposed Rulemaking (NPRM) would modify agency regulations that implement the nondiscrimination and affirmative action requirements of Section 503 of the Rehabilitation Act (Section 503) and Section 4212 of the Vietnam Era Veterans...
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July 01, 2025
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Category: Affirmative Action and Diversity

OFCCP Proposes Rescinding Regulations Interpreting E.O. 11246

The Labor Department’s Office of Federal Contract Compliance Programs has formally proposed rescinding its regulations that implemented and interpreted Executive Order 11246. President Trump rescinded that order when he signed E.O. 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity. Under the proposed rule, the following provisions would be removed from Title 41 of the Code of Federal Regulations: Obligations of Contractors and Subcontractors...
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July 01, 2025
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Category: AAP

OFCCP Seeks Confirmation Contractors Have “Wound Down” E.O. 11246 AAPs

The Office of Federal Contract Compliance Programs has reopened its contractor portal and is asking federal contractors to voluntarily submit confirmation that they have wound down their Executive Order 11246 affirmative action programs (AAPs). OFCCP Director Catherine Eschbach issued a letter to federal contractors requesting them to voluntarily upload — by September 25, 2025 — information regarding their efforts to wind down...
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June 25, 2025
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Category: ADA

Supreme Court Holds Only Qualified Individuals Can Bring ADA Discrimination Claims

Retirees cannot bring an employment discrimination claim under the Americans with Disabilities Act if they are not qualified for the job when the alleged discrimination occurs, the U.S. Supreme Court held June 20. The ruling in Stanley v. City of Sanford aligns with arguments put forth in a friend-of-the-court brief from the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association....
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June 25, 2025
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Category: Affirmative Action and Diversity

OFCCP Seeks OMB Permission To Rescind E.O. 11246 Regulations

The White House Office of Management and Budget is reviewing a proposed rule that would rescind the OFCCP regulations implementing Executive Order 11246. Issued in 1965, E.O. 11246, as amended, prohibited federal contractors from discriminating in employment on the basis of race and sex, among other characteristics, and required contractors to take affirmative action to prevent such discrimination. President Trump revoked E.O....
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June 25, 2025
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Category: Disability, Accommodations, and Leaves

OFCCP Extends Audit Moratorium for Veterans Affairs Health Benefits Program Providers

The Office of Federal Contract Compliance Programs has extended, for two years, its audit scheduling moratorium for specified health care entities that provide supplies and services to participants in the Veterans Affairs Health Benefits Program (VAHBP). OFCCP extended the scheduling moratorium through May 7, 2027, via Directive 2021-01 Revision 2, Extending the Scheduling Moratorium for Veterans Affairs Health Benefits Program (VAHBP)...
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June 24, 2025
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Category: Disability, Accommodations, and Leaves

Appeals Court: General Safety Concerns Aren’t Enough To Deny Religious Accommodation

An employer cannot deny a religious accommodation under Title VII to an employee because of a general concern about safety, the U.S. Court of Appeals for the Third Circuit ruled May 30. Smith v. City of Atlantic City concerned a fire department employee who requested a religious exemption from a requirement that all firefighters be clean-shaven. The rule was intended...
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