Insights

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Category: Agency Enforcement

OFCCP Seeks To Renew Veteran AAP Requirements

The Office of Federal Contract Compliance Programs has initiated the process for seeking a three-year extension for its recordkeeping, reporting, and enforcement requirements under Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act. These include the contents of the written affirmative action program; annual outreach assessment; data collection and metrics; and regular communications to state agencies, union officials, and...
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Category: Wage and Hour

House Rejects Training Time Bill, Signaling Slim Odds For FLSA Reforms

The House of Representatives rejected a bill that would have allowed employers to offer hourly employees specified voluntary training programs on a non-compensable basis. Although specific types of training time may be non-compensable, the Labor Department applies those exceptions narrowly. The House voted down H.R. 2262, a proposal to amend the Fair Labor Standards Act, even though supporters argued that the...
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Category: Disability, Accommodations, and Leaves

Workers May Use Intermittent FMLA Leave For Travel To Medical Appointments, DOL Says

Employees may use intermittent FMLA leave for travel time to and from a medical appointment as well as for the medical appointment itself, according to an opinion letter from the Labor Department’s Wage and Hour Division. FMLA2026-2 confirms that covered workers may use leave under the Family and Medical Leave Act not only for the time they spend in medical...
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Category: Affirmative Action and DEI

OFCCP Seeking Formal Approval To Revise Agency Complaint Forms

The Office of Federal Contract Compliance Programs has asked the Office of Management and Budget to let it revise its complaint and pre-complaint inquiry forms. OFCCP uses its Complaint of Employment Discrimination Involving a Federal Contractor or Subcontractor (Form CC-4) and Pre-Complaint Inquiry for Employment Discrimination Involving a Federal Contractor or Subcontractor (Form CC-390) to process employment discrimination allegations against...
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Category: Whistleblowing and Retaliation

CWC’s Updated Anti-Retaliation Communications Template

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has refreshed its Anti-Retaliation Communications Template. CWC’s updated template offers employers a modernized example to guide managers and supervisors when an employee files a retaliation complaint. Retaliation allegations appear in approximately half of all EEOC and state agency charges. Employers can reduce their legal risk and reinforce their organizational culture...
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Category: Compensation

Seventh Circuit Ruling Underscores Importance Of Timely Pay Decision Documentation

Contemporaneous documentation of the reasons for pay decisions can help employers facing discrimination claims under the Equal Pay Act and Title VII, a recent federal court decision reinforces. Lane v. Stericycle involved claims that an employer paid women that it promoted into a new position less than the men it similarly promoted. Reversing summary judgment for the employer, the Seventh Circuit...
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Category: State and Local Compliance

California Publishes Model Workplace Rights Notice; Employers Must Distribute By February 1st

California has published a template notice that employers can use to comply with the state’s new Workplace Know Your Rights annual notice requirement. The notice summarizes numerous workplace rights, including immigration-related protections, labor organizing rights, workers’ compensation, and rights related to designating an emergency contact to be notified if the employee is arrested. Employers must distribute the notice to current employees...
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Category: Affirmative Action and DEI

Partial Spending Deal Would Cut EEOC Funding $20 Million In FY 2026

Congressional negotiators have reached a bipartisan deal to fund the EEOC at $435.4 million for fiscal year 2026. The funding level is the same as that requested by the White House but nearly $20 million (4.3%) less than last year’s budget. The House could vote on the agreement later this week, with Senate action expected soon. Notably, the deal does...
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Category: Agency Enforcement

EEOC Empowers General Counsel To File Amicus Briefs Without Quorum

The EEOC has quietly adopted a policy that will allow its general counsel (or acting equivalents) to file amicus briefs when the agency lacks a quorum. Previously, the Commissioners had to approve the agency’s participation as amicus curiae in litigation, so the EEOC was unable to file amicus briefs during extended periods, as seen in 2025. This authority applies only...
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Category: Immigration

USCIS Adopts Weighted H-1B Lottery To Favor Higher Wages

USCIS has finalized a rule that replaces the random H-1B lottery with a weighted selection process that favors higher-paid H-1B candidates. The rule, published December 29, 2025, will be in effect for the upcoming FY 2027 H-1B season. Under the new system, lottery registrants will receive multiple entries based on the wage level offered to the H-1B candidate: Level IV...

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