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Insights

October 08, 2026
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Category: Affirmative Action and DEI

GAO Urges DOL To Restore Section 503 Oversight And Compliance Resources

In a report issued September 29, the Government Accountability Office provides eight recommendations that would restore key DOL Section 503 oversight tools and expand practical guidance for federal contractors. GAO suggested that the Labor Department: Resume contractor disability AAP certifications; Resume Section 503 audits; Analyze why individual complaints are closed or referred elsewhere; Align OFCCP’s workforce with its current responsibilities...
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October 06, 2026
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Category: State and Local Compliance

CWC Interstate Special Edition: 2026 California Employment-Related Legislation Wrap-Up

California Governor Gavin Newsom recently signed several significant employment-related bills after the state legislature’s 2026 session. Most of them take will effect January 1, 2027. These new laws: Expand required sexual harassment training to include anti-hate speech training, Expand WARN notice requirements related to layoffs resulting from the use of artificial intelligence, Restrict the use of automated decision systems in...
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October 06, 2026
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Category: Agency Enforcement

EEOC Settles Pronoun-Related Religious Accommodation Charge

Generac Power Systems has agreed to resolve a charge involving an employee's request for a religious accommodation related to workplace pronoun usage, the Equal Employment Opportunity Commission announced. As part of the settlement, Generac will provide monetary relief, update its religious accommodation policies, and conduct training. The employee asserted that using pronouns inconsistent with a coworker's biological sex conflicted with...
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October 05, 2026
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Category: Compliance Reporting and Recordkeeping

FCC Eliminates Broadcaster Workforce Demographic Reporting Requirement

The Federal Communications Commission has formally eliminated Form 395-B, the broadcaster workforce demographic report. The FCC described the action as a conforming amendment to remove an obsolete rule from its regulations. The form had been suspended since 2001, after a federal appeals court concluded that the agency lacked authority to require the filing. The agency attempted to reinstate Form 395-B...
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October 01, 2026
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Category: Agency Enforcement

Keith Sonderling Confirmed As Next Secretary Of Labor

The Senate has confirmed President Trump’s nominee, Keith Sonderling, to serve as Secretary of Labor. The vote, held September 30, was 47 to 41. Sonderling has served as Deputy Secretary of Labor since March 2025. He previously served on the Equal Employment Opportunity Commission as a Commissioner (2020-2024) and Vice Chair (2020-2021). During the first Trump Administration, he served as...
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September 30, 2026
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Category: Labor Relations

NLRB Restores Uniform Standard For Workplace Misconduct

The National Labor Relations Board has ruled that its 2020 General Motors standard governs cases involving discipline for abusive conduct during protected activity, such as yelling offensive epithets at a supervisor while protesting working conditions. The Board also indicated that it could reconsider General Motors in a future case. Under General Motors, the NLRB General Counsel first must show that protected...
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September 30, 2026
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Category: Discrimination and Harassment

Questioning Religious Beliefs: Is It Worth The Fight?

Two recent COVID-19 vaccine accommodation decisions illustrate the potential cost and disruption of disputes over the sincerity of an employee’s professed religious belief. In one case, a jury found that an employee failed to establish a sincere religious objection to vaccination. In the other, a federal court allowed a religious discrimination claim to proceed based largely on allegations that the...
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September 28, 2026
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Category: State and Local Compliance

Sample Labor Contractor Communication For New California Pay Reporting SOC Major Group Requirements

The Center for Workplace Compliance, our affiliated nonprofit membership association, has published a sample communication that CWC members can use to notify their California labor contractors about the state’s new SOC-based pay data reporting requirements. The state soon will require employers to report their employee and labor contractor employee data using the 23 Standard Occupational Classification major occupational groups rather...
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September 24, 2026
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Category: Discrimination and Harassment

Second Circuit Finds Refusal To Discuss Settlement May Constitute Protected Activity

An employee's refusal to even discuss settling a discrimination claim may be protected activity, the U.S. Court of Appeals for the Second Circuit has ruled. The employee asserted that she had pursued discrimination and retaliation claims for years before she declined the employer’s requested meeting and that she later experienced additional retaliation, including termination. The decision addresses an unusual retaliation...
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September 23, 2026
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Category: Immigration

White House Executive Order Puts H-1B Employers’ Layoffs Under Increased Scrutiny

A new Executive Order instructs federal agencies to consider an employer’s recent and planned layoffs when reviewing H-1B matters and signals increased scrutiny of employers using the H-1B program. On September 18, President Trump issued an Executive Order directing the Departments of State, Labor, and Homeland Security — when reviewing H-1B labor condition applicants (LCAs), petitions, visas, and entry requests...
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