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Insights

March 12, 2026
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Category: Labor Relations

Sixth Circuit Rejects NLRB Standard That Made Union Recognition Without an Election More Likely

A federal appeals court ruled that the National Labor Relations Board exceeded its authority when it used its adjudicatory power to change the rules governing bargaining orders. In Brown-Forman Corp. v. NLRB, the Sixth Circuit rejected the NLRB’s Cemex framework, which increased the likelihood that employers would be ordered to recognize a union based on authorization cards rather than a secret ballot election....
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March 11, 2026
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Category: Veterans/Military Status and Service

DOL Announces 2025 HIRE Vets Medallion Award Recipients

The Department of Labor has announced its 2025 HIRE Vets Medallion Award recipients. The awards, administered by DOL’s Veterans’ Employment and Training Service, acknowledge employers that demonstrate efforts to recruit, employ, and retain military veterans. The list of employers honors several CWC member organizations, including Battelle Energy Alliance, Battelle Savannah River Alliance, Entergy Corporation, Lockheed Martin Corporation, and Savannah River...
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March 10, 2026
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Category: Compliance Reporting and Recordkeeping

CWC Supports OFCCP Proposal to Renew VEVRAA Requirements

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has filed comments supporting OFCCP’s plans to renew its recordkeeping and reporting requirements under VEVRAA. The agency wants to retain the recordkeeping, reporting, and enforcement requirements in regulations implementing Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act. These include the contents of the written affirmative action program;...
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March 09, 2026
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Category: State and Local Compliance

CWC Interstate February 2026 Resource Published For CWC Members

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has published an Interstate resource detailing state and local workplace compliance developments from February 2026. The Interstate resource addresses fair employment topics related to artificial intelligence in New York, criminal records in Philadelphia, disability discrimination in New York City, language discrimination in New Jersey, and pay data reports in...
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March 04, 2026
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Category: Agency Enforcement

EEOC Chair Warns Fortune 500 on DEI and Title VII Compliance

EEOC Chair Andrea Lucas has sent a letter to all Fortune 500 companies reminding them that Title VII’s prohibition on race- and sex-based employment decisions fully applies to DEI initiatives. The February 26 letter emphasizes that employers must base employees’ hiring, promotion, training, and access to opportunities on job-related, merit-based criteria rather than protected characteristics, regardless of an initiative’s purpose....
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March 04, 2026
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Category: Wage and Hour

DOL Proposes Rollback of Biden-Era Worker Classification Rule

DOL’s Wage and Hour Division has issued a proposed rule for assessing whether a worker is an employee or independent contractor under the Fair Labor Standards Act, the Family and Medical Leave Act, and the Migrant and Seasonal Agricultural Worker Protection Act. If finalized, the rule would largely revive a framework from the first Trump administration and rescind the Biden...
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March 03, 2026
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Category: Agency Enforcement

EEOC Federal Sector Decision Reinterprets Title VII Access to Sex Separated Workplace Facilities

The EEOC has issued a decision holding that Title VII permits federal agencies to maintain sex-designated bathrooms and similar intimate spaces and to exclude employees — including transgender employees — from facilities designated for the opposite sex. The ruling overturns the agency’s 2015 Lusardi decision on this point. The decision applies only to federal agencies and has no immediate effect on...
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March 02, 2026
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Category: Government Contracts

Recent DOL Decision Demonstrates Debarment Risk Isn’t Just About Intentional Violations

The Department of Labor’s Administrative Review Board has affirmed a three-year debarment of a federal contractor under the Service Contract Act despite the absence of willful misconduct and the payment of all back wages and fringe benefit amounts. The issue resulted when the contractor failed to promptly implement a contract modification incorporating a new wage determination. The ARB upheld the debarment...
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February 26, 2026
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Category: Disability, Accommodations, and Leaves

Jury Verdict Highlights Expanding Damages Risk In Religious Accommodation Cases

A federal jury in Michigan recently awarded $1.8 million to a teacher after her former employer refused to allow her to wear a veil while teaching. Hamood v. Arab Community Center for Economic and Social Services was brought under both Title VII — which caps damages at $300,000 for large employers — and Michigan law, which does not impose a cap....
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February 26, 2026
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Category: Immigration

Proposed DHS Rule Would Restrict Work Authorization For Asylum Applicants

The Department of Homeland Security published a proposed rule February 23 that would modify work authorization eligibility and filing rules for individuals that have pending asylum applications. The DHS proposal would delay and occasionally pause initial work permits and increase the likelihood of work authorization gaps for such individuals. Public comments are due April 24. If the proposed rule is adopted, asylum...
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