Insights

July 30, 2025
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Category: Agency Enforcement

Revived PAID Program Offers Relief for Employers Self-Reporting Potential FLSA and FMLA Violations

DOL’s Wage and Hour Division is bringing back an updated version of the Payroll Audit Independent Determination (PAID) program. The PAID program allows an employer to report its inadvertent wage violations and pay them back, with DOL approval, without litigation or penalties. PAID aims to encourage employers to audit their own pay practices and proactively resolve potential claims with faster...
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July 29, 2025
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Category: Immigration

Massive Reconciliation Bill Includes Several Provisions of Interest to Employers

On July 4, President Trump signed H.R. 1, nicknamed the “One Big Beautiful Bill Act,” into law. The massive reconciliation bill includes several provisions that may interest employers. These include: Creation of a new type of individual retirement account, called a Trump Account, that allows employers to contribute up to $2,500 per year without tax consequences to employees; Extension and...
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July 28, 2025
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Category: Agency Enforcement

Edlow Takes Helm at USCIS, Signals Tough Enforcement Stance

Now that President Trump’s nominee, Joseph Edlow, has been confirmed as the director of U.S. Citizenship and Immigration Services, USCIS is likely to increase its activity. Edlow pledged in a July 18 agency announcement to “meet ever-evolving threats and ensure that we serve as the frontline to safeguard our homeland.” The new director served at USCIS as deputy director for...
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July 28, 2025
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Category: Disability, Accommodations, and Leaves

Employer’s Honest Belief in FMLA Fraud Beats Employee’s Retaliation Claim, Sixth Circuit Rules

A recent opinion by the Sixth Circuit demonstrates how an employer can lawfully discharge an employee for suspected abuse of leave under the Family and Medical Leave Act. In Porter v. Jackson Township Highway Department, the U.S. Court of Appeals for the Sixth Circuit upheld an Ohio township’s termination of an employee, citing the township’s honest belief that he had abused...
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July 23, 2025
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Category: Labor Relations

Trump Nominates Two NLRB Members; Their Confirmations Would Enable Board To Issue Decisions

President Trump has nominated Scott Mayer and James Murphy to the National Labor Relations Board, the White House announced July 17. If the Senate confirms these nominees, the Board will have a quorum and be able to resume issuing decisions. Mayer, the chief labor counsel at aerospace company Boeing, would serve until December 16, 2029, in the seat vacated by Lauren...
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July 23, 2025
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Category: Compensation

New CWC Resource Covers International Pay Transparency and Reporting

CWC has prepared a resource explaining international pay transparency requirements to help members prepare for the 2026 EU Pay Transparency Directive deadline. This resource will help CWC members navigate the various requirements in countries where they have an employment presence. It will detail pay gap reporting and job pay transparency requirements, thresholds to application, and important reporting dates. Members of...
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July 22, 2025
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Category: Policies and Practices

DOJ Publishes Guidance on Prioritizing English as Official Language

The Justice Department published guidance recommending that federal agencies minimize non-essential multilingual services as part of implementing Executive Order 14224. E.O. 14224 designated English as the official language of the United States and rescinded a Clinton-era executive order that promoted governmental services for individuals with limited English proficiency. DOJ recommends that federal agencies: review any guidance based on E.O. 13166,...
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July 21, 2025
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Category: Affirmative Action and DEI

Ohio Eliminates Affirmative Action Requirements for State Contractors

Ohio’s appropriations law for FY 2026-2027 removed several provisions that required state contractors to implement a written affirmative action program (AAP). Additionally, the bill eliminates the requirement for construction contractors to have a certificate of compliance before bidding on some public works contracts. It is unclear how the state will enforce contracts that currently require contractors to maintain and verify...
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July 16, 2025
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Category: Labor Relations

Apple’s Removal of Union Pamphlets and Questions About Union Drive Are Not Unlawful, Court Rules

Apple store managers did not violate the National Labor Relations Act by questioning a worker about a union campaign and confiscating union pamphlets from an employee breakroom, the U.S. Court of Appeals for the Fifth Circuit ruled July 7 in Apple v. NLRB. Reversing an NLRB decision, the Fifth Circuit found no coercive interrogation at Apple’s World Trade Center store. The...
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July 16, 2025
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Category: Government Contracts

OFCCP Revises Discrimination Complaint Forms Without Opportunity for Comment

OFCCP has revised two of its forms — Complaint of Employment Discrimination Involving a Federal Contractor or Subcontractor (CC-4) and Pre-Complaint Inquiry for Employment Discrimination Involving a Federal Contractor or Subcontractor (CC-390) — without providing the usual opportunity for public comment. The changes reflect the rescission of Executive Order 11246 and signify the agency’s resumption of veteran and disability-based discrimination...
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