Insights

March 04, 2026
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Category: Wage and Hour

DOL Proposes Rollback of Biden-Era Worker Classification Rule

DOL’s Wage and Hour Division has issued a proposed rule for assessing whether a worker is an employee or independent contractor under the Fair Labor Standards Act, the Family and Medical Leave Act, and the Migrant and Seasonal Agricultural Worker Protection Act. If finalized, the rule would largely revive a framework from the first Trump administration and rescind the Biden...
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March 03, 2026
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Category: Agency Enforcement

EEOC Federal Sector Decision Reinterprets Title VII Access to Sex Separated Workplace Facilities

The EEOC has issued a decision holding that Title VII permits federal agencies to maintain sex-designated bathrooms and similar intimate spaces and to exclude employees — including transgender employees — from facilities designated for the opposite sex. The ruling overturns the agency’s 2015 Lusardi decision on this point. The decision applies only to federal agencies and has no immediate effect on...
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March 02, 2026
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Category: Government Contracts

Recent DOL Decision Demonstrates Debarment Risk Isn’t Just About Intentional Violations

The Department of Labor’s Administrative Review Board has affirmed a three-year debarment of a federal contractor under the Service Contract Act despite the absence of willful misconduct and the payment of all back wages and fringe benefit amounts. The issue resulted when the contractor failed to promptly implement a contract modification incorporating a new wage determination. The ARB upheld the debarment...
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February 26, 2026
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Category: Disability, Accommodations, and Leaves

Jury Verdict Highlights Expanding Damages Risk In Religious Accommodation Cases

A federal jury in Michigan recently awarded $1.8 million to a teacher after her former employer refused to allow her to wear a veil while teaching. Hamood v. Arab Community Center for Economic and Social Services was brought under both Title VII — which caps damages at $300,000 for large employers — and Michigan law, which does not impose a cap....
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February 26, 2026
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Category: Immigration

Proposed DHS Rule Would Restrict Work Authorization For Asylum Applicants

The Department of Homeland Security published a proposed rule February 23 that would modify work authorization eligibility and filing rules for individuals that have pending asylum applications. The DHS proposal would delay and occasionally pause initial work permits and increase the likelihood of work authorization gaps for such individuals. Public comments are due April 24. If the proposed rule is adopted, asylum...
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February 25, 2026
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Category: Disability, Accommodations, and Leaves

OMB Greenlights New OFCCP Complaint Forms

The White House Office of Management and Budget has approved for three years OFCCP’s request to change its complaint forms for processing disability and veteran employment discrimination allegations against federal contractors. The Office of Federal Contract Compliance Programs had asked permission to formally revise its Complaint of Employment Discrimination Involving a Federal Contractor or Subcontractor (Form CC-4) and Pre-Complaint Inquiry...
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February 23, 2026
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Category: Membership

CWC Hosts Member Roundtable On State Enforcement Targeting DEI Practices

CWC recently hosted a members-only roundtable examining the growing role of state officials — particularly state attorneys general — in scrutinizing private-sector DEI practices. The discussion drew on recent attorney general letters, investigations, and litigation. Participants observed that this enforcement area remains fluid in part because several recent cases turned on procedural issues rather than substantive determinations. Participants said that...
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February 20, 2026
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Category: Discrimination and Harassment

Federal Court Dismisses Missouri’s Challenge To Employer’s DEI Practices, Appeal Underway

A federal court recently dismissed a state’s challenge to an employer’s diversity, equity, and inclusion practices. The court ruled on procedural grounds and did not address the legality of the challenged DEI practices. In Missouri v. Starbucks Corp., the court found that Missouri lacked standing to bring the case because it did not identify any concrete injury to Missouri residents from...
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February 18, 2026
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Category: Disability, Accommodations, and Leaves

EEOC Issues Telework Accommodation Guidance For Federal Agencies

The EEOC has issued guidance for federal agencies addressing telework as a reasonable accommodation for disabilities under the Rehabilitation Act. Private-sector employers may find it instructive because it closely tracks ADA principles. The guidance emphasizes that telework may be required when it is the only effective accommodation, but it is not automatic or permanent. The guidance confirms that employers may reassess previously...
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February 18, 2026
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Category: Discrimination and Harassment

CWC Hosts Member Roundtable On EEOC’s Rescission Of Harassment Guidance

The Center for Workplace Compliance, our affiliated nonprofit membership association, recently held a members-only roundtable to discuss the impact of the EEOC’s rescission of its 2024 Enforcement Guidance on Harassment in the Workplace. The discussion underscored that organizational values rather than EEOC interpretive documents continue to drive employer standards. Many CWC member organizations reported that the rescission does not alter...
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