Insights

October 21, 2022
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Category: Agency Enforcement

Federal Court Vacates EEOC’s Expanded SOGI Guidance

A federal district court in Texas has vacated expanded enforcement guidance issued last year by the U.S. Equal Employment Opportunity Commission (EEOC) describing how Title VII of the 1964 Civil Rights Act protects against employment discrimination based on sexual orientation or gender identity. According to the court, the EEOC’s guidance, which was issued in the wake of the Supreme Court’s...
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October 21, 2022
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Category: State and Local Law

California Enacts Several New Laws Expanding and Extending Workplace Protections

Once again burnishing its reputation as the most progressive U.S. state with respect to imposing workplace mandates on private sector employers, California recently wrapped up its 2022 legislative session by enacting a number of labor and employment bills that create or expand worker protections, including: Mandatory Pay Transparency and Expansion of Pay Data Reporting Criteria Wage Setting for Fast Food...
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October 21, 2022
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Category: Immigration

USCIS Announces That Current Version of I-9 Form Should Be Used Until Further Notice

The U.S. Citizenship and Immigration Services (USCIS) agency within the Department of Homeland Security has announced that the current version of the Form I-9, “Employment Eligibility Verification” (version OMB No. 1615-0047, dated October 21, 2019), should be used until further notice even though the form shows an expiration date of October 31, 2022. The I-9 is used by U.S. employers...
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October 21, 2022
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Category: Agency Enforcement

DOL Proposes More Employee-Friendly Independent Contractor Test Under the FLSA

As expected, the Biden Administration’s Department of Labor (DOL) has formally proposed rescinding interpretive regulations issued during the Trump Administration for determining whether workers are employees or independent contractors under the Fair Labor Standards Act (FLSA). Instead, DOL is proposing to codify rules that will make it much more likely that an individual will be classified as an employee rather...
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October 14, 2022
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Category: Agency Enforcement

Comments With EEOC Recommending Priorities for Agency’s Next Strategic Plan

Our affiliated non-profit association, the Center for Workplace Compliance (CWC), has submitted written comments with the U.S. Equal Employment Opportunity Commission (EEOC or Commission) in response to the agency’s request for public input on the development of its next “Strategic Plan” and “Strategic Enforcement Plan” (SEP). Once finalized, these two documents will map out the EEOC’s priority enforcement and operational...
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October 14, 2022
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Category: Immigration

USCIS Revises “Public Charge” Rule To Restore Pre-Trump Standard; Employer Impact Minimal

As expected, the U.S. Citizenship and Immigration Services (USCIS) component of the U.S. Department of Homeland Security (DHS) has issued a final rule modifying a Trump-era regulation that broadened the criteria under which the government could deny a petition to adjust immigration status or extend a stay because a migrant is, or is likely to become, “primarily dependent for subsistence”...
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October 14, 2022
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Category: Affirmative Action and Diversity

Highlights From Most Recent EEOC-OFCCP “HIRE” Initiative Roundtable

Earlier this year, the Equal Employment Opportunity Commission (EEOC) and the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) launched a joint effort dubbed the Hiring Initiative to Reimagine Equity (“HIRE”). Among other things, the HIRE initiative was created ostensibly for the purpose of identifying strategies to remove unnecessary barriers to hiring and to promote equity in the...
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October 14, 2022
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Category: Government Contracts

Federal Contractor Minimum Wage Rates Will Increase on January 1, 2023

The U.S. Department of Labor (DOL) has issued notices announcing increases in the minimum wage rates established by two different Presidential Executive Orders (E.O.s), one signed by President Obama (E.O. 13658) and the other signed by President Biden (E.O. 14026), that set a higher minimum wage rate for work performed on certain government contracts. Pursuant to annual escalator clauses contained...
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October 07, 2022
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Category: State and Local Law

NYC Issues Proposed Implementing Rules for Its New Artificial Intelligence Bias Audit Ordinance

As we previously reported, New York City adopted a new ordinance late last year (Local Law 144) that requires covered employers using artificial intelligence (AI) in their hiring efforts to conduct an independent bias audit of the AI tool and to publish the results of that audit. The ordinance, which is scheduled to go into effect on January 1, 2023,...
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October 07, 2022
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Category: Immigration

Recent Bias Settlements Serve as a Reminder of IRCA’s Nondiscrimination Protections

The U.S. Department of Justice (DOJ) recently announced the settlement of some 20 enforcement actions brought against multiple employers involving allegations that job postings made on college career websites contained unlawful citizenship status restrictions in violation of the 1986 Immigration Reform and Control Act (IRCA), as amended. DOJ alleged that the settling employers advertised job postings on college career pages...
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