Insights

May 05, 2026
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Category: Agency Enforcement

House Appropriators Seek Nearly 13 Percent Cut From EEOC’s Budget

The House subcommittee responsible for funding the Equal Employment Opportunity Commission has recommended steep cuts in the agency’s budget, a sharp contrast from the more than $20 million increase sought by the Administration. The panel has advanced spending legislation for fiscal year 2027 that would slash $55.8 million from the EEOC’s budget, a 12.9 percent cut from its current funding of...
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May 04, 2026
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Category: Labor Relations

Appeals Court Rejects NLRB’s Finding That Disparaging Public Testimony Was Protected

A federal appeals court panel has concluded that the National Labor Relations Board misapplied precedent by treating an employee’s disparaging remarks as protected even though the employee did not identify a connection to a labor dispute. Section 7 of the National Labor Relations Act did not protect the speech because the testimony lacked that disclosure, the U.S. Court of Appeals for...
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May 01, 2026
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Category: State and Local Compliance

CWC Interstate For March-April 2026

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has issued its March-April 2026 Interstate, which details recent state and local workplace compliance developments. The Interstate discusses fair employment developments, including diverse interview slates (Florida); employment discrimination (New Jersey, New York, Virginia); posting and notice requirements (Connecticut, Maine); reasonable accommodation (Ohio); retaliation (Virginia); and salary history and pay transparency...
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April 30, 2026
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Category: Wage and Hour

CWC’s Comments Support Revisions To DOL’s Worker Classification Rule

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has submitted comments supporting DOL’s proposed changes to the independent contractor status rule. The Wage and Hour Division’s proposed interpretive worker classification revisions relate to the Fair Labor Standards Act, the Family and Medical Leave Act, and the Migrant and Seasonal Agricultural Worker Protection Act. DOL has not enforced...
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April 30, 2026
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Category: Agency Enforcement

White House Pulls EEOC And Labor Department Nominees

The President withdrew pending nominations for EEOC General Counsel and an Assistant Labor Secretary post on April 27. The White House did not provide a reason and has not indicated whether it will submit replacement nominations. Catherine Eschbach is continuing as the EEOC’s Acting General Counsel while the agency remains without a Senate-confirmed General Counsel. M. Carter Crow, who had...
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April 27, 2026
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Category: Affirmative Action and DEI

Should Contractors Keep Using OFCCP’s Disability Self-ID Form If It Expires?

OFCCP’s disability self-identification form expired on April 30, but federal contractors may continue using Voluntary Self-Identification of Disability (CC-305) to comply with Section 503’s self-ID requirements. OFCCP requires federal contractors to use this form to invite applicants and employees to voluntarily identify their disability status. OFCCP has asked the White House Office of Management and Budget to extend its authorization...
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April 23, 2026
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Category: Affirmative Action and DEI

OMB Publishes EO 14398 Implementation Guidance

Federal agencies must begin incorporating a new contract clause implementing EO 14398 into new and existing contracts valued above $15,000, beginning April 24. The guidance from the White House Office of Management and Budget and the Federal Acquisition Regulatory Council introduces FAR clause 52.222-90, Addressing DEI Discrimination by Federal Contractors. According to the guidance, agencies must “make every effort” to incorporate the...
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April 22, 2026
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Category: Affirmative Action and DEI

FAR Council Requests Mandatory EO 14398 DEI Disclosures

The Federal Acquisition Regulatory Council has asked the White House Office of Management and Budget to permit federal agencies to collect from federal contractors and subcontractors all “books, records, and accounts” necessary to assess their compliance with Executive Order 14398. That EO, Addressing DEI Discrimination by Federal Contractors, requires contractors to refrain from “racially discriminatory DEI activities” and to assess and...
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April 21, 2026
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Category: Immigration

ICE Reclassifies Common Form I-9 Errors As Substantive Violations

Recent updates to ICE’s Form I-9 Inspection Fact Sheet significantly increase employers’ penalty exposure by reclassifying many previously curable paperwork errors as substantive violations subject to immediate fines. U.S. Immigration and Customs Enforcement changed the classification for some Form I-9 errors on March 16. Previously, ICE treated many routine minor errors, such as forgetting to insert a date, as technical or...
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April 21, 2026
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Category: Agency Enforcement

Chavez-DeRemer Resigns As Labor Secretary; Sonderling Named Acting Secretary

Labor Secretary Lori Chavez-DeRemer resigned effective April 20, and Deputy Labor Secretary Keith Sonderling has been named Acting Labor Secretary. The change in leadership removes a potential distraction for the Department of Labor and may allow DOL to refocus on day-to-day operations and policy execution following allegations of misconduct involving the former Secretary and senior staff. With Deputy Secretary Sonderling...
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