Insights

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Category: Compliance Tools

EEOC Issues New “Know Your Rights” Poster

The Equal Employment Opportunity Commission (EEOC or Commission) has replaced its longstanding “EEO is the Law” poster with a new version, entitled “Know Your Rights.” The new poster makes several significant changes, including the addition of a “QR code” that when scanned directs a person to the EEOC’s webpage explaining how to file a charge of employment discrimination. Current EEOC...
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Category: DACA/DAPA

Fifth Circuit Rules DACA Unlawful, But Allows Continuation of Benefits for Now

The U.S. Court of Appeals for the Fifth Circuit, in a decision that comes as no surprise, has upheld a lower court ruling finding that executive action taken by the Obama Administration in 2012 creating the Deferred Action for Childhood Arrivals (DACA) program exceeded the President’s authority, and that therefore the DACA program is unlawful. At the same time, however,...
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Category: Agency Enforcement

Federal Court Vacates EEOC’s Expanded SOGI Guidance

A federal district court in Texas has vacated expanded enforcement guidance issued last year by the U.S. Equal Employment Opportunity Commission (EEOC) describing how Title VII of the 1964 Civil Rights Act protects against employment discrimination based on sexual orientation or gender identity. According to the court, the EEOC’s guidance, which was issued in the wake of the Supreme Court’s...
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Category: State and Local Law

California Enacts Several New Laws Expanding and Extending Workplace Protections

Once again burnishing its reputation as the most progressive U.S. state with respect to imposing workplace mandates on private sector employers, California recently wrapped up its 2022 legislative session by enacting a number of labor and employment bills that create or expand worker protections, including: Mandatory Pay Transparency and Expansion of Pay Data Reporting Criteria Wage Setting for Fast Food...
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Category: Immigration

USCIS Announces That Current Version of I-9 Form Should Be Used Until Further Notice

The U.S. Citizenship and Immigration Services (USCIS) agency within the Department of Homeland Security has announced that the current version of the Form I-9, “Employment Eligibility Verification” (version OMB No. 1615-0047, dated October 21, 2019), should be used until further notice even though the form shows an expiration date of October 31, 2022. The I-9 is used by U.S. employers...
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Category: Agency Enforcement

DOL Proposes More Employee-Friendly Independent Contractor Test Under the FLSA

As expected, the Biden Administration’s Department of Labor (DOL) has formally proposed rescinding interpretive regulations issued during the Trump Administration for determining whether workers are employees or independent contractors under the Fair Labor Standards Act (FLSA). Instead, DOL is proposing to codify rules that will make it much more likely that an individual will be classified as an employee rather...
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Category: Agency Enforcement

Comments With EEOC Recommending Priorities for Agency’s Next 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 the development of its next “Strategic Plan” and “Strategic Enforcement Plan” (SEP). Once finalized, these two documents will map out the EEOC’s priority enforcement and operational...
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Category: Immigration

USCIS Revises “Public Charge” Rule To Restore Pre-Trump Standard; Employer Impact Minimal

As expected, the U.S. Citizenship and Immigration Services (USCIS) component of the U.S. Department of Homeland Security (DHS) has issued a final rule modifying a Trump-era regulation that broadened the criteria under which the government could deny a petition to adjust immigration status or extend a stay because a migrant is, or is likely to become, “primarily dependent for subsistence”...
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Category: Affirmative Action and Diversity

Highlights From Most Recent EEOC-OFCCP “HIRE” Initiative Roundtable

Earlier this year, the Equal Employment Opportunity Commission (EEOC) and the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) launched a joint effort dubbed the Hiring Initiative to Reimagine Equity (“HIRE”). Among other things, the HIRE initiative was created ostensibly for the purpose of identifying strategies to remove unnecessary barriers to hiring and to promote equity in the...
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Category: Government Contracts

Federal Contractor Minimum Wage Rates Will Increase on January 1, 2023

The U.S. Department of Labor (DOL) has issued notices announcing increases in the minimum wage rates established by two different Presidential Executive Orders (E.O.s), one signed by President Obama (E.O. 13658) and the other signed by President Biden (E.O. 14026), that set a higher minimum wage rate for work performed on certain government contracts. Pursuant to annual escalator clauses contained...

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