Insights

September 22, 2025
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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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September 17, 2025
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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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September 16, 2025
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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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September 15, 2025
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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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September 11, 2025
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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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September 10, 2025
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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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September 08, 2025
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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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September 04, 2025
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Category: Discrimination and Harassment

EEOC Retains Authority To Investigate Even After Charging Party Sues, Second Circuit Rules

The EEOC retains its authority to investigate a charge even after it issues a right-to-sue letter and the charging party sues, the Second Circuit held August 25 in EEOC v. AAM Holding Corp. In this case, an employee received a right-to-sue letter and filed a separate suit while her employers were appealing a district court order upholding an EEOC subpoena. The...
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September 03, 2025
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Category: Disability, Accommodations, and Leaves

OFCCP Issues Last-Minute Extension on Section 503, VEVRAA, and E.O. 11246 Comment Deadlines

The Office of Federal Contract Compliance Programs (OFCCP) issued a last-minute 15-day extension for submitting comments on its proposed elimination of longstanding disability compliance requirements — including self-identification, utilization analyses, and applicant tracking. The three pending Notices of Proposed Rulemaking (NPRMs) pertain to the rescission of Executive Order 11246 and revisions to the nondiscrimination and affirmative action requirements under Section...
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September 03, 2025
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Category: Discrimination and Harassment

CWC Supports Simplification of Registered Apprenticeship EEO Regulations

The Center for Workplace Compliance, our affiliated nonprofit membership association, has filed comments with the Department of Labor supporting DOL’s proposed simplification of the equal employment opportunity rules for registered apprenticeship sponsors. CWC emphasized that the current regulatory regime is rooted in the system predating the Civil Rights Act of 1964, and that requiring detailed affirmative action plans, especially after...
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