Insights

November 07, 2022
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Category: Compliance Tools

Revise Model Self-ID Form Strengthens Confidentiality Disclaimer

The self-identification forms used by many employers in response to government demographic data reporting requirements typically contain a prominent disclosure that personal identifying data such as race, ethnicity, and sex will be kept confidential subject to certain conditions. For many years, we have made available to our employers a “model self-ID template” that contains a suggested confidentiality disclaimer. We are...
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November 07, 2022
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Category: State and Local Law

Interstate: November 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 September. Members of the Center for Workplace...
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October 28, 2022
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Category: Discrimination and Harassment

Congress Tees Up Bill To End Pre-Dispute NDAs Related to Sexual Assault or Harassment

Before leaving town for pre-election campaigning, the U.S. Senate quietly approved the so-called “Speak Out Act” (S. 4524), legislation that would bar enforcement of pre-dispute nondisclosure and nondisparagement agreements related to sexual assault or harassment. If approved by the House during the upcoming lame duck session – a real possibility given widespread bipartisan support for banning such NDAs – the...
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October 28, 2022
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Category: Agency Enforcement

Labor Department Files Two OFCCP Lawsuits, Doubling Previous Total

Despite the fact that we fully expected the Biden Administration’s Department of Labor (DOL) to be aggressive in filing formal enforcement actions against federal contractors for failure to comply with requirements imposed by the department’s Office of Federal Contract Compliance Programs (OFCCP), there had been only two OFCCP-related lawsuits filed by DOL since President Biden took office – until now....
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October 28, 2022
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Category: Immigration

DHS Urged To Adopt Permanent Remote I-9 Document Verification Policy

For the second time in a year, our affiliated non-profit association, the Center for Workplace Compliance (CWC), has filed written comments with the U.S. Department of Homeland Security (DHS) in response to a request for public input on whether the agency should make permanent its current temporary policy of allowing employers to remotely examine Form I-9 identity and work authorization...
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October 28, 2022
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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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October 21, 2022
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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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October 21, 2022
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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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October 21, 2022
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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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October 21, 2022
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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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