Insights

|
Category: Agency Enforcement

EEOC Seeks Comment On Draft Strategic Plan For FY 2026–2030

The Equal Employment Opportunity Commission has released a draft Strategic Plan for FY 2026–2030 that retains the agency’s three overarching goals: enforcement, outreach and training, and organizational excellence. The draft includes detailed performance metrics covering investigation quality, litigation outcomes, systemic enforcement, intake improvements, outreach activities, and stakeholder satisfaction. Unlike the EEOC’s National Enforcement Plan (NEP), which sets substantive enforcement priorities, the Strategic...
|
Category: Agency Enforcement

EEOC Rescinds Longstanding Affirmative Action Guidance

The EEOC has rescinded two longstanding agency documents that for decades guided its evaluations of employers’ affirmative action initiatives. The agency now says the guidance was inconsistent with Title VII and Supreme Court precedent. The rescinded documents are: the 1979 Guidelines on Affirmative Action Appropriate Under Title VII, which set out the agency’s framework for evaluating voluntary affirmative action plans;...
|
Category: Agency Enforcement

Supreme Court Invalidates For Cause Removal Limits For FTC Commissioners

Statutory limits allowing the President to remove Federal Trade Commission Commissioners only “for cause” violate the Constitution’s separation of powers, the Supreme Court ruled June 29. In Trump v. Slaughter, the Court overruled precedent permitting removal protections for leaders of independent agencies like the FTC. The Court reasoned that FTC Commissioners exercise executive power, and therefore the President must be able...
|
Category: Agency Enforcement

President Trump Announces He’ll Nominate Sonderling To Serve As Labor Secretary

President Trump will nominate Keith E. Sonderling to serve as Secretary of Labor, according to a June 29 announcement. Sonderling currently serves as Acting Secretary and Deputy Secretary at DOL. Sonderling previously served as a Commissioner (2020-2024) and Vice Chair (2020-2021) of the Equal Employment Opportunity Commission. During the first Trump Administration, he served as Deputy and Acting Administrator of...
|
Category: Talent Acquisition and Management

Highlights From CWC’s 2026 Talent Acquisition Compliance Summit

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, held its 2026 Talent Acquisition Compliance Summit June 16 and 17. The conference focused on developments in federal policy, enforcement priorities, and state regulation related to talent acquisition. The faculty emphasized three themes: the growing impact of recent Executive Orders on contractor recruiting practices, particularly merit-based decision making and...
|
Category: Policies and Practices

When Discipline Follows Safety Complaints – Lessons From A Recent Labor Department ARB Decision

A recent decision from DOL’s Administrative Review Board serves as a reminder that safety complaints do not insulate employees from discipline for misconduct. The case involved a tired truck driver who parked his truck on a highway shoulder so he could rest. He activated the truck’s hazard flashers but failed to follow safety procedures required by company policies and federal...
|
Category: Wage and Hour

CWC Urges DOL To Adopt Clear Joint Employer Standard

The Center for Workplace Compliance filed comments with the Labor Department supporting the Wage and Hour Division’s proposed joint employer rule under the Fair Labor Standards Act, the Family and Medical Leave Act, and the Migrant and Seasonal Agricultural Worker Protection Act. CWC, our affiliated nonprofit membership association, urged DOL to adopt a predictable standard grounded in an entity’s actual role in the...
|
Category: Agency Enforcement

DOL Rescinds WIOA Outreach Mandate, Signals Narrower View of Nondiscrimination

The Department of Labor has rescinded a regulation that required recipients of Workforce Innovation and Opportunity Act (WIOA) funds to conduct affirmative outreach to specific demographic groups. DOL concluded that it lacked statutory authority to mandate such outreach and that nondiscrimination laws do not require proactive efforts to expand participation based on protected characteristics. DOL drew a sharp distinction between...
|
Category: International

ILO Adopts First-Ever Global Standard For Platform Work

The International Labor Organization has adopted Convention No. 193, the first binding international standard governing work arranged or performed in the platform economy. The Convention establishes baseline standards for pay, safety, data protection, and algorithms for digital labor platforms and workers. It requires countries to: Ensure that a worker’s classification reflects the actual facts of the work relationship; Provide protections on...
|
Category: Wage and Hour

DOL Says Extra Hourly Shifts May Not Defeat Exempt Status

An exempt employee does not lose exempt status simply by performing additional hourly work in a separate, non-exempt role, according to a recent Labor Department opinion letter. The exemption still may apply under the Fair Labor Standards Act if the employee’s primary duty is exempt work and the employee continues to satisfy the salary basis and salary level requirements, FLSA2026-5...

Talk with an EASI Consultant.

Get in Touch