Insights

September 23, 2022
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Category: Disability, Accommodations, and Leaves

Second Circuit Opines on ADA Duty To Reasonably Accommodate Applicant for Preemployment Test

A recent opinion by the U.S. Court of Appeals for the Second Circuit serves as a useful reminder that an employer has an obligation under federal disability law to consider a reasonable accommodation in order to allow a qualified job applicant to take a preemployment test, including providing an American Sign Language (ASL) interpreter. Although the appeals court ultimately concluded...
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September 16, 2022
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Category: Wage and Hour

Are Supervised FLSA Settlements Required?

Based largely on an interpretation of the law issued by a federal appeals court 40 years ago, the U.S. Department of Labor (DOL) takes the position that to be enforceable, private parties cannot settle claims of alleged violations under the Fair Labor Standards Act (FLSA) absent approval either by the agency or by a federal court. But must an FLSA...
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September 16, 2022
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Category: Veterans

USERRA Complaints Filed With DOL Declined Once Again in FY 2021

The U.S. Department of Labor’s Veterans’ Employment and Training Service (DOL-VETS) has released enforcement statistics for fiscal year (FY) 2021 detailing the number of complaints filed with the agency by military service members under the Uniformed Services Employment and Reemployment Rights Act (USERRA). USERRA is the federal law that protects the employment and reemployment rights of employees who have been...
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September 16, 2022
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Category: Agency Enforcement

OFCCP Financial Settlement Update – September 2022

We are pleased to present our latest update on major financial settlements that have been announced by the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) since our last update in May. Notably, with less than a month remaining in fiscal year 2022 (FY 2022), the number of announced settlements is far below the number recorded during each of...
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September 16, 2022
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Category: Labor Relations

As Expected, NLRB Proposes Return to Controversial Browning-Ferris Joint Employer Standard

Over the dissent of the agency’s two Republican members, and as expected, the Democrat majority on the National Labor Relations Board (NLRB or Board) has published a proposed rule that would scrap the Trump-era standard for determining whether two employers are acting jointly for purposes of triggering obligations and responsibilities under the National Labor Relations Act (NLRA). In its stead,...
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September 16, 2022
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Category: Labor Relations

DOL Proposes Amending Form “LM-10” To Require Employers To ID Contractor Status

The Department of Labor’s (DOL) Office of Labor-Management Standards (OLMS) has published a formal proposal that would require companies that are subject to filing mandatory disclosure reports regarding certain expenditures they incur during a labor dispute to indicate whether they are federal contractors. The Labor-Management Reporting and Disclosure Act (LMRDA) of 1959, sometimes referred to as the Landrum-Griffin Act, was...
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September 09, 2022
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Category: Disability, Accommodations, and Leaves

Sixth Circuit Provides Guidance on ADA’s Rarely Invoked “Interference” Clause

In a case of first impression, the U.S. Court of Appeals for the Sixth Circuit held recently that a provision in the American with Disabilities Act (ADA) that makes it unlawful “to coerce, intimidate, threaten, or interfere with any individual” who is exercising his or her rights under the law does not give rise to claims against a third party....
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September 09, 2022
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Category: State and Local Law

Interstate: September 2022 Update

We are pleased to present the latest edition in our ongoing “Interstate” memo series, a service we provide on a periodic basis to provide timely updates on new state and local workplace compliance developments. This latest edition of Interstate covers notable state and local developments that have occurred since our last update in July. Members of the Center for Workplace...
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September 09, 2022
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Category: Labor Relations

Divided D.C. Circuit Affirms NLRB’s Offensive Speech Ruling

A divided three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit, on the court’s second look, has upheld a decision by the National Labor Relations Board (NLRB) that found an employer violated federal labor law when it fired a worker who wrote profanity on a workplace bulletin board in protest of a new overtime policy....
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September 09, 2022
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Category: Government Contracts

OFCCP Launches Online Construction Contract Award Portal

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has officially launched a new online portal to serve as the preferred (albeit optional) means under which federal construction contractors comply with the current requirement to provide information to OFCCP regarding the award of certain federal construction subcontracts. The new Notification of Construction Contract Award Portal (NCAP) essentially is an...
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