Insights

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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July 29, 2022
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Category: Agency Enforcement

EEOC Posts Updated COVID-19 Guidance, Says Status and Symptoms Questions OK

The Equal Employment Opportunity Commission (EEOC) has once again updated its COVID-19 technical assistance guidance for employers, including the addition of a new section stating that employers are permitted to ask their employees who report feeling ill or who call in sick about their illness symptoms to determine if an individual has or has had COVID-19. The updated guidance, in...
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July 29, 2022
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Category: Compliance Tools

Federal Court Partially Blocks Enforcement of EEOC’s SOGI Discrimination Guidance

A federal trial court in Tennessee has temporarily blocked enforcement within 20 states of guidance issued last year by the Equal Employment Opportunity Commission (EEOC) regarding discrimination based on sexual orientation and gender identity (SOGI). The court’s order stems from a lawsuit brought by 20 state attorneys general alleging that the EEOC issued the guidance without complying with mandatory administrative...
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July 22, 2022
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Category: Agency Enforcement

EEOC Revises Charge Intake Process To Add Non-Binary Gender Identity Option

The Equal Employment Opportunity Commission (EEOC) has made small but meaningful modifications to its charge intake form and public portal relating to discrimination charge inquiries. The changes now permit an individual to use non-binary gender markers. Please note that these tweaks are limited to the EEOC’s charge intake process, and do not – at least for now – impact current...
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July 22, 2022
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Category: Agency Enforcement

Update on the EEOC-OFCCP “HIRE” Initiative

As we reported a few months ago, in January of this year the Equal Employment Opportunity Commission (EEOC) and the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) launched a joint effort dubbed the Hiring Initiative to Reimagine Equity (“HIRE”) initiative. In introducing the initiative, the two agencies promised to engage a “broad array of stakeholders,” including employer,...
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July 22, 2022
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Category: Compliance Tools

Labor Department Posts New FAQs on Mental Health Conditions and the FMLA

The Department of Labor’s (DOL) Wage and Hour Division has posted on its website a new set of Frequently Asked Questions (FAQs) and a Fact Sheet regarding mental illness as a serious health condition under the Family and Medical Leave Act (FMLA). The guidance serves as a helpful reminder that the FMLA covers leave for serious physical and mental health...
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July 22, 2022
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Category: Government Contracts

Proposed SCA “Nondisplacement” Rule Would Reinstate Right of First Refusal Policy

As we reported previously, late last year President Biden signed Executive Order (E.O.) 14055, Nondisplacement of Qualified Workers Under Service Contracts, that essentially mandated reinstatement of a policy requiring successor contractors on contracts covered by the federal Service Contract Act (SCA) to give the predecessor’s employees the right of first refusal for jobs under the successor contract. The Biden E.O....
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July 15, 2022
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Category: Agency Enforcement

OFCCP’s AAP-VI Contractor Portal Remains Open (For Now)

Despite a June 30 deadline set by the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) for federal contractors to certify to OFCCP, via the agency’s new online Affirmative Action Program Verification Interface (AAP-VI) Contractor Portal, that they have developed and maintained AAPs in accordance with OFCCP regulations, the AAP-VI portal remains open as of this writing. OFCCP has...
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July 15, 2022
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Category: Supreme Court

High Court Hones “Major Questions” Doctrine, With Implications for Agency Rulemaking

In one of its last opinions issued before the end of its current term, the U.S. Supreme Court issued an important ruling that sheds light on the so-called “major questions” doctrine, an emerging legal standard that can be used to challenge agency rulemaking. Although the case at issue deals with a regulation issued by the Environmental Protection Agency (EPA), the...
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July 15, 2022
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Category: State and Local Law

Interstate: July 2022 Update

We are pleased to present the latest edition of our “Interstate” memo series, a service we provide to nation-wide employers on a periodic basis when state and local legislatures are active to help them stay on top of important new state and local workplace compliance developments. Members of the Center for Workplace Compliance (CWC) can read more here.
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