Insights

August 19, 2022
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Category: Agency Enforcement

D.C. Circuit Issues Important Decision on Federal Rulemaking

A recent decision by a split three-judge panel of the influential U.S. Court of Appeals for the D.C. Circuit has potentially significant implications for federal rulemaking subject to the Administrative Procedure Act (APA), and in particular during the transition of presidential administrations from one political party to the other. Ruling in the case of Humane Society v. Department of Agriculture,...
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August 19, 2022
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Category: Affirmative Action and Diversity

FAQs on Affirmative Action Placement Goals

It comes as no surprise to many of you that there can be challenges in trying to balance the dual interests within your organizations of (1) complying with the nondiscrimination and affirmative action requirements arising under Title VII of the Civil Rights Act of 1964 (Title VII), Executive Order (E.O.) 11246, and a variety of other federal and state laws;...
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August 19, 2022
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Category: Agency Enforcement

$85 Million Settlement Underscores DOJ’s Focus on Anticompetitive Employment Practices

A massive $85 million settlement in a wage fixing case in the poultry industry is the latest evidence that the U.S. Department of Justice (DOJ) continues to focus antitrust enforcement efforts on anticompetitive employment practices. At the same time, DOJ’s strategy as to how to pursue these cases still appears to be evolving, as evidenced by a recent brief DOJ...
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August 12, 2022
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Category: Labor Relations

D.C. Circuit Reinforces Prior “Joint Employer” Ruling in Browning-Ferris

The U.S. Court of Appeals for the District of Columbia Circuit has issued a second ruling in a long-running case that goes to the heart of who can be considered a “joint employer” under the National Labor Relations Act (NLRA). Before we proceed further, please be aware that the history of this case is complex, as is predicting the ultimate...
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August 12, 2022
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Category: Compensation

NAS Panel Concludes EEO-1 “Component 2” Flawed, Recommends Improvements

An outside organization commissioned by the Equal Employment Opportunity Commission (EEOC) to evaluate the agency’s 2017-2018 collection of pay and hours-worked data on the EEO-1 Report (Component 2) has issued a report concluding that the data are unsuitable for determining whether it is likely that an employer has engaged in unlawful conduct. The long-awaited report by a panel convened by...
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August 05, 2022
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Category: Veterans

2022 VETS-4212 Filing Season Underway, Filing Deadline Is September 30

The Department of Labor’s Veterans’ Employment and Training Service (DOL-VETS) has opened the 2022 filing season for the annual VETS-4212 report. The VETS-4212 is a mandatory form that covered federal contractors and subcontractors are required to complete and file annually with DOL-VETS that provides a job category snapshot of the workforce by “protected veteran” status, as well as the number...
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August 05, 2022
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Category: Agency Enforcement

NLRB Joins Forces With FTC and DOJ To Go After Anticompetitive Employment Practices

The National Labor Relations Board (NLRB) has entered into two Memoranda of Understanding (MOUs) – one with the Federal Trade Commission (FTC) and the other with the U.S. Department of Justice (DOJ) – that are designed to facilitate information sharing between the agencies for the purpose of prosecuting employers whose business practices put workers at risk of harm because of...
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August 05, 2022
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Category: Agency Enforcement

ICE Worksite Inspections Fell Drastically in FY 2021

According to enforcement statistics recently obtained by NT Lakis from U.S. Immigration and Customs Enforcement (ICE) pursuant to a Freedom of Information Act (FOIA) request we filed, the number of worksite immigration investigations conducted by ICE in fiscal year (FY) 2021 dropped dramatically, with only 627 investigations conducted as compared to 4,327 in FY 2020 and 7,734 in FY 2019,...
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August 05, 2022
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Category: Agency Enforcement

OFCCP Announces Contractors With Timely AAP-VI Help Desk Requests Met Filing Deadline

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) announced late last week that federal contractors who have yet to certify via the agency’s online Affirmative Action Program Verification Interface (AAP-VI) Contractor Portal, but who had pending Help Desk tickets as of the June 30, 2022, filing deadline, are deemed to have met the deadline. The agency’s announcement also...
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July 29, 2022
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Category: Agency Enforcement

Secretary of Labor Walsh Overturns Favorable ARB Ruling in OFCCP v. Convergys

Exercising his authority pursuant to an internal order issued by his predecessor, Secretary of Labor Marty Walsh has formally reversed a ruling of his own Administrative Review Board (ARB) issued back in February in the case of Office of Federal Contract Compliance Programs (OFCCP) v. Convergys Customer Management Group, Inc. In a bang-bang series of developments, at least by DOL...
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