Insights

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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August 06, 2026
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Category: Veterans/Military Status and Service

2026 VETS-4212 Filing Season Underway; Reports Due September 30th

The Labor Department’s Veterans’ Employment and Training Service (DOL-VETS) has opened the 2026 filing season for the annual VETS-4212 report. The cycle began August 1, and the submission deadline is September 30. Any contractor or subcontractor that held a federal contract in 2025 valued at $200,000 or more must submit a VETS-4212 report. Contractors completing the VETS-4212 report must provide...
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August 05, 2026
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Category: Discrimination and Harassment

OPM Removes Uniform Guidelines References From Federal Hiring Regulations

The Office of Personnel Management has issued an interim final rule removing references to the Uniform Guidelines on Employee Selection Procedures (UGESP) from federal personnel regulations. The rule took effect July 31. The UGESP has long served as the federal government’s principal guidance on validating selection procedures for federal employees. It was adopted in 1978 by the EEOC, DOL, DOJ, and...
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August 05, 2026
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Category: Membership

CWC Members Discuss Enterprise Compliance And Risk At Washington Roundtable

Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, met in Washington, DC, last week to discuss the workplace compliance issues that most affect employers today. Topics at CWC’s in-person member roundtable included: Implementing Executive Orders 14173 and 14398, the future of EEO-1 reporting, EEOC enforcement priorities, workplace use of AI, anticipated OFCCP disability and veteran...
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August 03, 2026
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Category: Agency Enforcement

Fifth Circuit Vacates OSHA Rule In Significant Agency Authority Case

A federal appellate court recently struck down a regulation from the Occupational Safety and Health Administration that requires employers to record specified work-related mental illnesses. The U.S. Court of Appeals for the Fifth Circuit reviewed the Occupational Safety and Health Act and concluded that Congress authorized OSHA to require recordkeeping for work-related physical injuries and illnesses, but not mental illnesses. Although the OSHA...
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July 31, 2026
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Category: State and Local Compliance

CWC Interstate For June-July 2026

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has released its Interstate reporting state and local workplace compliance developments from June and July 2026. CWC’s June-July 2026 Interstate addresses several fair employment topics, including background checks and criminal history in Virginia and Washington, disparate impact in Illinois, and employee reporting in Colorado. In addition, it talks about lactation...
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July 29, 2026
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Category: Labor Relations

NLRB ALJ Finds Employee’s DEI Criticism Protected By Labor Law

An NLRB Administrative Law Judge recently concluded that an employer violated the National Labor Relations Act by firing an employee who publicly criticized the company's DEI initiatives and alleged anti-male discrimination on LinkedIn. The ALJ found that the employee's communications were protected concerted activity because they concerned workplace issues and sought to encourage action by other employees. Before disciplining employees for...
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July 28, 2026
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Category: Veterans/Military Status and Service

USERRA Complaints Reach Highest Level Since FY 2014

New federal data show a sustained increase in complaints under the Uniformed Services Employment and Reemployment Rights Act, with DOL’s Veterans' Employment and Training Service reporting more complaints in FY 2025 than it has received in one year since FY 2014. After falling below 1,000 annual complaints for several years, USERRA filings increased from 862 in FY 2021 to 1,256...
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