Insights

|
Category: Featured

NYC Delays Enforcement of Its Artificial Intelligence Bias Audit Law Until April 15, 2023

The New York City Department of Consumer and Workplace Protection (DCWP) announced this week that, based on the “high volume” of public comments received, it has delayed from January 1 until April 15, 2023, its enforcement of the City’s controversial artificial intelligence law (Local Law 144). The AI law is scheduled to go into effect on January 1, 2023. The...
|
Category: State and Local Law

NYC Issues Proposed Implementing Rules for Its New Artificial Intelligence Bias Audit Ordinance

As we previously reported, New York City adopted a new ordinance late last year (Local Law 144) that requires covered employers using artificial intelligence (AI) in their hiring efforts to conduct an independent bias audit of the AI tool and to publish the results of that audit. The ordinance, which is scheduled to go into effect on January 1, 2023,...
|
Category: Immigration

Recent Bias Settlements Serve as a Reminder of IRCA’s Nondiscrimination Protections

The U.S. Department of Justice (DOJ) recently announced the settlement of some 20 enforcement actions brought against multiple employers involving allegations that job postings made on college career websites contained unlawful citizenship status restrictions in violation of the 1986 Immigration Reform and Control Act (IRCA), as amended. DOJ alleged that the settling employers advertised job postings on college career pages...
|
Category: Government Contracts

Primer on OFCCP’s “Pre-Award Registry”

We have been receiving calls lately from some federal contractors regarding inquiries they are getting from federal contracting officers asking for an explanation as to why their company does not appear on the “Pre-Award Registry” maintained by the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) “Pre-Award Registry,” and further requesting that they produce a “Notice of Compliance” issued...
|
Category: Government Contracts

Making Your 503/VEVRAA AAPs “Available” To Remote Applicants and Employees

Longstanding regulations issued by the U.S. Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) implementing Section 503 of the Rehabilitation Act (Section 503) and Section 4212 of the Vietnam-Era Veterans’ Readjustment Assistance Act (VEVRAA) require covered federal contractors to make their written 503/VEVRAA affirmative action programs (AAPs) available to employees and applicants upon request, and further require that the...
|
Category: Government Contracts

OFCCP Issues Revised FAAP Directive With Minor Improvements

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has issued a revised “directive” governing the agency’s functional affirmative action program (FAAP) approval and renewal process. The directive, which was approved by the White House Office of Management and Budget (OMB) and became effective on September 21, contains some positive changes and may spur greater interest and participation in...
|
Category: Compensation

California on Verge of Expanding Pay Transparency and Wage Reporting Requirements

The state of California, one of two states (Illinois being the other) with pay reporting requirements in effect, is about to expand those requirements as well as add California to the growing list of state and local jurisdictions that require employers to include salary information in job postings. The new requirements are contained in a bill (S.B. 1162) recently approved...
|
Category: Government Contracts

OFCCP Extends Deadline for Objecting to FOIA Release of EEO-1 Data Until October 19

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has extended until October 19, 2022, the deadline for federal contractors to file objections under the Freedom of Information Act (FOIA) to the agency’s planned disclosure of thousands of consolidated Employer Information (EEO-1) Reports. The original deadline was September 19, 2022. The “Type 2” EEO-1’s in question cover filing years...
|
Category: Agency Enforcement

Highlights From EEOC’s Second “Listening Session” on Developing New Strategic Enforcement Plan

As we reported recently, the Equal Employment Opportunity Commission (EEOC or Commission) has begun the process of developing a new “Strategic Plan” and “Strategic Enforcement Plan” (SEP) that will establish agency priorities for the next several years. As part of that process, the agency has scheduled a series of three so-called listening sessions to invite stakeholder input, the first of...
|
Category: Labor Relations

NLRB Makes It Harder To Ban Wearing of Union Insignia in the Workplace

The National Labor Relations Board (NLRB or Board), now under the majority control of Biden appointees and over the strong dissent of its two minority Republican members, has reversed a Trump-era ruling that made it easier for employers to restrict the apparel an employee can wear on the job, including the wearing of items that contain union logos or messaging,...

Talk with an EASI Consultant.

Get in Touch