Insights

August 26, 2026
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Category: Disability, Accommodations, and Leaves

Fourth Circuit Faults Employer’s Reliance On Unpaid Leave In ADA Accommodation Case

Employers considering reassigning an employee under the ADA may not rely on unpaid leave when suitable work is available, a federal appeals court ruled. The Fourth Circuit revived an ADA failure-to-accommodate claim against an employer that kept an employee on unpaid leave even though he had been cleared for less demanding work after he could no longer perform his physically demanding job....
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August 25, 2026
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Category: Compliance Reporting and Recordkeeping

CWC Urges EEOC To Preserve Lawful Compliance Use Of Demographic Data

In comments filed with the EEOC, the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, urged the commission to clarify that its proposed rescission of the EEO-1 would not prohibit employers from collecting and analyzing demographic information to monitor their compliance with nondiscrimination laws. The Employer Information (EEO-1) Report requires covered employers to send workforce demographic data by...
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August 20, 2026
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Category: Affirmative Action and DEI

OFCCP Eliminates Disability Self-Identification and Analysis Requirements

The Office of Federal Contract Compliance Programs has eliminated longstanding disability compliance requirements — including self-identification, utilization analyses, and applicant tracking — for implementing the nondiscrimination and affirmative action requirements under Section 503 of the Rehabilitation Act. OFCCP’s Final Rule, which takes effect September 21, eliminates: (1) any requirement for employers to solicit disability status from job applicants or employees;...
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August 18, 2026
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Category: State and Local Compliance

CWC’s Colorado Notice Template on Government-Issued Identification Documents

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has published a sample Colorado Notice Regarding Government-Issued Identification Documents that employers can use to facilitate their compliance with a new Colorado law when they complete an employee’s I-9. The Colorado law generally prohibits employers from requiring employees or job applicants to surrender their government-issued identification documents, including those...
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August 18, 2026
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Category: Immigration

E-Verify Expands “Status Change Report” To Flag Additional Invalidated EADs

Employers will have new reverification obligations and heightened compliance risks under an E-Verify expansion implemented by DHS. The E-Verify Status Change Report now includes invalidated Employment Authorization Documents (EADs) issued to individuals granted Temporary Protected Status (TPS), TPS applicants, asylum applicants with pending asylum applications, and adjustment of status for permanent residence applicants. Previously, the report identified only specified parolee EADs....
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August 17, 2026
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Category: Immigration

DHS Expands Additional Biometric Fee To H-1B And L-1 Visa Extension Filings

Covered employers will have to pay the 9-11 Response and Biometric Entry-Exit Fee on all H-1B and L-1 extension-of-status petitions, including routine same-employer extensions, beginning September 9. A final rule from DHS is expanding the fee to all H-1B and L-1 extension-of-status petitions filed by employers that have at least 50 employees in the United States and whose U.S. workforce is more...
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August 12, 2026
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Category: Compliance Reporting and Recordkeeping

CWC Urges EEOC To Preserve Employers’ Ability To Use Demographic Data For Compliance

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, testified at an Equal Employment Opportunity Commission hearing on the agency’s proposal to rescind EEO reporting requirements, including the EEO-1 Report. CWC’s testimony focused on preserving employers’ ability to use demographic information as a compliance tool. In his testimony, CWC’s Mike Eastman focused on the practical compliance value of aggregate workforce...
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August 11, 2026
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Category: Labor Relations

Senate Confirms Two NLRB Nominees, Giving Republicans A Three-Member Board Majority

The Senate has confirmed President Trump’s nomination of Republican James Macy and renomination of Democrat David Prouty to serve as Members of the National Labor Relations Board. The Senate confirmed the nominees on August 7 by a party-line vote of 51 to 47. The confirmations mark the start of a more consequential phase for the NLRB, which likely will reconsider some controversial...
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August 10, 2026
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Category: Immigration

DOJ Settlement Signals Increased Scrutiny Of PERM Recruiting Practices

OpenAI and the Justice Department’s Immigrant and Employee Rights Section have settled a case involving allegations that OpenAI discriminated against U.S. workers in recruitment tied to the permanent labor certification process. The settlement requires OpenAI to pay $1.2 million, establish a $2 million back-pay fund, and revise its PERM recruiting practices. The PERM program allows employers to sponsor workers for...
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August 10, 2026
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Category: Disability, Accommodations, and Leaves

Eighth Circuit Shows Why ADA Accommodation Doubts Should Trigger Process, Not Assumptions

The Eighth Circuit upheld summary judgment for an employer that denied an employee’s request for closer parking and later terminated him for repeatedly violating its parking policy. The court concluded that the interactive process broke down because the employee never gave the employer the requested medical documentation explaining his limitations or need for an accommodation. In this case, internal emails...
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