Insights

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Category: Affirmative Action and DEI

CWC Urges OFCCP To Consider Alternatives To Section 503 Rulemaking

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has filed comments with the Office of Federal Contract Compliance Programs urging it to consider alternatives to its proposed revisions of nondiscrimination and affirmative action regulations under Section 503 of the Rehabilitation Act. OFCCP has proposed eliminating the requirement that contractors “invite applicants and employees to self-identify their disability...
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Category: Immigration

H-1B Visa Costs Increased By $100,000 Per Petition

A new Presidential proclamation imposes a $100,000 fee on most new H-1B petitions for workers outside the United States. President Trump’s Restriction on Entry of Certain Nonimmigrant Workers was issued September 19. It took effect September 21, 2025, and will last for 12 months unless it is extended. The administration cites abuse of the H-1B program as the rationale. The...
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Category: Wage and Hour

Court Decides When Remote Workday Begins

A remote worker’s workday does not begin when the worker turns on the computer, a federal judge ruled September 4 in Lott v. Recker Consulting. The workday starts when a remote worker opens and begins operating a program used as part of their principal work activities, and it ends when the employee closes out of the last such program, the judge...
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Category: Agency Enforcement

FTC Seeks Public Input On Noncompete Agreements

The Federal Trade Commission has issued a “Request for Information Regarding Employer Noncompete Agreements” to help it understand the prevalence and impact of employer noncompete agreements. This follows the agency’s September 5 decision to stop fighting a court decision that blocked a Biden-era rule banning most noncompetes. Noncompete agreements prohibit employees from working for their employer’s competitors or starting a competing business...
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Category: State and Local Compliance

August-September Interstate Update Published for CWC Members

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, presents the latest edition in its ongoing Interstate series, which covers state and local developments. Topics addressed in CWC’s August/September 2025 Interstate include: Fair employment Artificial intelligence (Colorado, Texas) Employment contracts (Michigan, Texas) Marijuana patients’ employment protections (Minnesota) Nondiscrimination (Indiana, Connecticut) Reasonable accommodation (Connecticut) Wage and hour Minimum wage...
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Category: State and Local Compliance

Indiana Amends State Contract Nondiscrimination Clause To Target Unlawful DEI

Indiana updated its nondiscrimination clause, which is included in all state contracts, to require state contractors to affirm that they do not operate unlawful DEI programs. Under the revisions, state contractors must affirm that they do not “operate any programs or engage in any practices promoting Diversity, Equity, and Inclusion (DEI), or other similar goals, that violate Indiana or Federal...
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Category: Affirmative Action and DEI

OFCCP Requests Comments on Proposed Elimination of Form CC-305

The Office of Federal Contract Compliance Programs initiated a pre-clearance request for comments in preparation for the possible elimination of specified disability self-identification and data collection requirements under Section 503 of the Rehabilitation Act. OFCCP will seek approval from the Office of Management and Budget only if a final rule eliminating many longstanding disability compliance requirements is issued. If approved, the Notice...
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Category: Government Contracts

House Appropriations Committee Agrees To Eliminate Funding For OFCCP

The House Appropriations Committee has approved legislation that would effectively eliminate OFCCP and significantly cut the budget of other Labor Department agencies. Under the bill approved by the Committee September 9, OFCCP would receive no funding in fiscal year 2026. The Wage and Hour Division’s budget would sink by 9.6%, to $235 million; and the NLRB’s budget would fall by...
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Category: Policies and Practices

FTC Ends Its Appeal Of Court Decision Blocking Biden-Era Noncompete Rule

The Federal Trade Commission has dropped its appeal of a court decision blocking a Biden-era rule banning most employee noncompete clauses. Instead, the Commission will police unduly restrictive noncompete clauses on a case-by-case basis, the FTC chairman stated. On September 5, the FTC withdrew its appeal to the Fifth Circuit in Ryan, LLC v. FTC, of a district court ruling...
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Category: State and Local Compliance

New Web Form Available For Minnesota Annual Compliance Report

Minnesota recently updated the procedure for state contractors to use in submitting their Annual Compliance Report. Covered Minnesota state contractors must obtain a Workforce Certificate every four years from the Minnesota Department of Human Rights. To maintain the Workforce Certificate, they must submit an Annual Compliance Report to MDHR. Contractors used to submit the report via email or postal mail,...

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