Insights

May 27, 2022
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Category: Labor Relations

Ruling by Fourth Circuit in Sinai Hospital Highlights NLRA’s Broad Worker Coverage

The U.S. Court of Appeals for the Fourth Circuit recently ruled that a group of janitorial workers were “employees” under the National Labor Relations Act (NLRA or Act) and could therefore unionize despite their participation in a government-sponsored program designed to assist individuals with disabilities facing barriers to employment. In so ruling, the appeals court agreed with the National Labor...
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May 20, 2022
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Category: Agency Enforcement

EEOC Issues Guidance on How Use of AI Can Impact ADA Compliance

The Equal Employment Opportunity Commission (EEOC or Commission) has issued new technical assistance guidance on how the use of artificial intelligence (AI) and algorithmic decision-making tools could impact compliance with the Americans with Disabilities Act (ADA). The new guidance is the latest manifestation of an effort by the EEOC that began in earnest last year to address the intersection of...
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May 20, 2022
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Category: Agency Enforcement

OFCCP Key Personnel Update

In the sixteen months that have transpired since President Biden appointed Jenny Yang as the Director of the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP), there have been several key personnel changes, some of which we’ve previously brought to your attention. Given the major policy developments at the agency that have occurred within the last few months, we...
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May 20, 2022
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Category: State and Local Law

Interstate: May 2022 Update

We are pleased to present the latest edition of our “Interstate” memo series, an ongoing service we provide on a regular basis when state and local legislatures are active to help employers stay on top of important new state and local workplace compliance developments. This edition covers notable developments we are aware of that have occurred since our last update...
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May 20, 2022
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Category: Agency Enforcement

California Looking To Bolster Its Pay Data Reporting Requirements

According to the Director and Deputy Director of California’s Department of Fair Employment and Housing (DFEH), the state agency that enforces California’s comprehensive pay data reporting requirements, Governor Gavin Newsom wants to further bolster the program by giving DFEH additional resources to hire new staff to strengthen its pay data enforcement capabilities, including in its Information Technology (IT) Division to...
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May 13, 2022
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Category: Agency Enforcement

OFCCP Financial Settlement Update – May 2022

To help federal contractor keep up with recent enforcement trends out of the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP), for the last several years we have been summarizing, on a periodic basis, major settlements announced by OFCCP that involve financial remedies. And while the pace of settlements clearly accelerated during the last year of the Trump Administration,...
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May 13, 2022
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Category: Discrimination and Harassment

House Approval of Hairstyle Discrimination Bill Underscores Developing Trend

The U.S. House of Representatives recently passed the “Creating a Respectful and Open World for Natural Hair (CROWN) Act” (H.R. 2116), a bill that would prohibit discrimination in employment, public accommodations, and other venues based on an individual’s hairstyle or hair texture that is commonly associated with a person’s race or national origin. And while the CROWN Act, which passed...
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May 13, 2022
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Category: Discrimination and Harassment

Recent Court Ruling Highlights EEOC’s Aggressive Anti-Retaliation Litigation Strategy

Employers may recall that last year we reported that the Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor (DOL), and the National Labor Relations Board (NLRB) announced a new joint initiative to raise awareness about unlawful retaliation and emphasized the three agencies’ commitment to vigorous enforcement. In an action that certainly suggests that the EEOC is following through...
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May 13, 2022
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Category: Immigration

Immigration Update: USCIS Extends Form I-9 Remote Document Review Policy

In March of 2020, the U.S. Citizenship and Immigration Services (USCIS) agency within the U.S. Department of Homeland Security (DHS), in response to the COVID-19 pandemic, began allowing employers with telework policies to remotely review new employees’ identity and employment authorization documentation when completing the Form I-9. Although the remote I-9 verification policy was set to expire on April 30,...
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May 13, 2022
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Category: Affirmative Action and Diversity

Final Filing Deadline for 2021 EEO-1 Reports Now June 21, But Issues Still Remain

The EEOC has announced that it will not accept 2021 EEO-1 report beyond June 21, 2022, a de facto extension of the May 17 filing deadline. In the meantime, there are still some issues that filers may want to consider before certifying their reports. The filing season for the 2021 “Component 1” Employer Information (EEO-1) Reports is nearing its official...
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