Insights

August 12, 2022
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Category: Labor Relations

D.C. Circuit Reinforces Prior “Joint Employer” Ruling in Browning-Ferris

The U.S. Court of Appeals for the District of Columbia Circuit has issued a second ruling in a long-running case that goes to the heart of who can be considered a “joint employer” under the National Labor Relations Act (NLRA). Before we proceed further, please be aware that the history of this case is complex, as is predicting the ultimate...
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August 12, 2022
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Category: Compensation

NAS Panel Concludes EEO-1 “Component 2” Flawed, Recommends Improvements

An outside organization commissioned by the Equal Employment Opportunity Commission (EEOC) to evaluate the agency’s 2017-2018 collection of pay and hours-worked data on the EEO-1 Report (Component 2) has issued a report concluding that the data are unsuitable for determining whether it is likely that an employer has engaged in unlawful conduct. The long-awaited report by a panel convened by...
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August 05, 2022
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Category: Veterans

2022 VETS-4212 Filing Season Underway, Filing Deadline Is September 30

The Department of Labor’s Veterans’ Employment and Training Service (DOL-VETS) has opened the 2022 filing season for the annual VETS-4212 report. The VETS-4212 is a mandatory form that covered federal contractors and subcontractors are required to complete and file annually with DOL-VETS that provides a job category snapshot of the workforce by “protected veteran” status, as well as the number...
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August 05, 2022
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Category: Agency Enforcement

NLRB Joins Forces With FTC and DOJ To Go After Anticompetitive Employment Practices

The National Labor Relations Board (NLRB) has entered into two Memoranda of Understanding (MOUs) – one with the Federal Trade Commission (FTC) and the other with the U.S. Department of Justice (DOJ) – that are designed to facilitate information sharing between the agencies for the purpose of prosecuting employers whose business practices put workers at risk of harm because of...
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August 05, 2022
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Category: Agency Enforcement

ICE Worksite Inspections Fell Drastically in FY 2021

According to enforcement statistics recently obtained by NT Lakis from U.S. Immigration and Customs Enforcement (ICE) pursuant to a Freedom of Information Act (FOIA) request we filed, the number of worksite immigration investigations conducted by ICE in fiscal year (FY) 2021 dropped dramatically, with only 627 investigations conducted as compared to 4,327 in FY 2020 and 7,734 in FY 2019,...
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August 05, 2022
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Category: Agency Enforcement

OFCCP Announces Contractors With Timely AAP-VI Help Desk Requests Met Filing Deadline

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) announced late last week that federal contractors who have yet to certify via the agency’s online Affirmative Action Program Verification Interface (AAP-VI) Contractor Portal, but who had pending Help Desk tickets as of the June 30, 2022, filing deadline, are deemed to have met the deadline. The agency’s announcement also...
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July 29, 2022
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Category: Agency Enforcement

Secretary of Labor Walsh Overturns Favorable ARB Ruling in OFCCP v. Convergys

Exercising his authority pursuant to an internal order issued by his predecessor, Secretary of Labor Marty Walsh has formally reversed a ruling of his own Administrative Review Board (ARB) issued back in February in the case of Office of Federal Contract Compliance Programs (OFCCP) v. Convergys Customer Management Group, Inc. In a bang-bang series of developments, at least by DOL...
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July 29, 2022
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Category: Agency Enforcement

EEOC Posts Updated COVID-19 Guidance, Says Status and Symptoms Questions OK

The Equal Employment Opportunity Commission (EEOC) has once again updated its COVID-19 technical assistance guidance for employers, including the addition of a new section stating that employers are permitted to ask their employees who report feeling ill or who call in sick about their illness symptoms to determine if an individual has or has had COVID-19. The updated guidance, in...
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July 29, 2022
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Category: Compliance Tools

Federal Court Partially Blocks Enforcement of EEOC’s SOGI Discrimination Guidance

A federal trial court in Tennessee has temporarily blocked enforcement within 20 states of guidance issued last year by the Equal Employment Opportunity Commission (EEOC) regarding discrimination based on sexual orientation and gender identity (SOGI). The court’s order stems from a lawsuit brought by 20 state attorneys general alleging that the EEOC issued the guidance without complying with mandatory administrative...
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July 22, 2022
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Category: Agency Enforcement

EEOC Revises Charge Intake Process To Add Non-Binary Gender Identity Option

The Equal Employment Opportunity Commission (EEOC) has made small but meaningful modifications to its charge intake form and public portal relating to discrimination charge inquiries. The changes now permit an individual to use non-binary gender markers. Please note that these tweaks are limited to the EEOC’s charge intake process, and do not – at least for now – impact current...
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