Insights

May 06, 2022
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Category: Labor Relations

Court Rules Biden’s Controversial Firing of Trump NLRB General Counsel Was Legal

The U.S. Court of Appeals for the Fifth Circuit has ruled that President Biden acted within his authority on his first day in office when he fired Peter Robb, the Republican General Counsel (GC) of the National Labor Relations Board (NLRB or Board), even though Mr. Robb had 10 months remaining on his statutorily set term. A unanimous three-judge panel...
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May 06, 2022
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Category: Agency Enforcement

DOJ Undeterred by Recent Court Setbacks on Its Workplace Antitrust Enforcement Strategy

As we reported recently, in the wake of an Executive Order (E.O.) issued by President Biden last year designed to foster competition in the marketplace, it was only a matter of time before federal agencies began adopting antitrust enforcement policies that would impact workplace compliance. And although the U.S. Department of Justice (DOJ) recently lost two jury trials in high...
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May 06, 2022
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Category: State and Local Law

New York City Set To Delay Effective Date of Pay Transparency Law Until November 1

The New York City Council recently enacted an amendment to the city’s pay transparency law, Local Law 32, which was passed in January of this year and requires NYC employers to include the minimum and maximum salary on job postings for positions in the city. Mayor Eric Adams is expected to sign the measure into law. Most importantly for employers...
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April 29, 2022
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Category: Agency Enforcement

OFCCP Urged To Retain Use of Evidentiary Standards in Its Pre-Enforcement Notices

Our affiliated non-profit association, the Center for Workplace Compliance (CWC), has filed written comments with the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) in response to the agency’s formal proposal to revise the 2020 “Enforcement Rule” issued by the Trump Administration that established a framework for identifying, documenting, and communicating discrimination allegations. OFCCP is proposing the changes based...
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April 29, 2022
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Category: Agency Enforcement

Comments Filed With OFCCP Supporting Extension of FAAP Process

Our affiliated non-profit association, the Center for Workplace Compliance (CWC), has filed written comments with the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) in support of the agency’s announced intent to seek formal approval from the White House Office of Management and Budget (OMB) to extend its Functional Affirmative Action Program (FAAP) application and approval process for several...
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April 29, 2022
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Category: Wage and Hour

Senate Rejects Nomination of David Weil as Repeat Wage and Hour Administrator

In a political blow to the Biden Administration, the U.S. Senate voted recently against proceeding with a confirmation vote on the President’s nomination of Professor David Weil to serve as the Labor Department’s Wage and Hour Administrator. The die was cast when three Senate Democrats joined every Senate Republican in blocking the nomination from going forward. As a result, the...
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April 29, 2022
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Category: Labor Relations

NLRB’s Top Lawyer Gives Further Insight Into Her Agenda To Overhaul U.S. Labor Law

National Labor Relations Board (NLRB or Board) General Counsel (GC) Jennifer Abruzzo recently provided additional insight with respect to her efforts to change U.S. labor law precedent to better fit her vision of a more union-friendly workplace environment. Ms. Abruzzo, a former union attorney, has made clear since the Senate confirmed her nomination by President Biden to serve as the...
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April 29, 2022
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Category: Policies and Practices

House Votes Once Again To Decriminalize Marijuana

The U.S. House of Representatives, on pretty much a party-line vote, has once again approved a bill that would decriminalize marijuana under federal law, establish a process to expunge convictions for marijuana-related offenses, and impose a federal tax on marijuana products sold at the state level, among other things. The so-called Marijuana Opportunity Reinvestment and Expungement (MORE) Act was passed...
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April 22, 2022
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Category: Compliance Tools

EEOC Officially Opens 2021 EEO-1 Filing Season, Reports Due May 17

The Equal Employment Opportunity Commission (EEOC) has officially opened the filing season for 2021 “Component 1” Employer Information (EEO-1) Reports, effective April 12, 2022. Completed reports must be filed by May 17, 2022. Upon logging into EEOC’s Filing System, returning users will be prompted to reset their password. Unlike past years, returning users will not need a special “Passcode” or...
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April 22, 2022
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Category: Affirmative Action and Diversity

OFCCP Resets Vets Hiring Benchmark at 5.5%, Down From Last Year’s 5.6%

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has updated its national percentage of veterans in the civilian labor force, an annual measure that most federal contractors use as their “protected veterans hiring benchmark.” The vets annual percentage is used by the agency to evaluate the progress a federal contractor is making in meeting its affirmative action...
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