Insights

May 27, 2022
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Category: Agency Enforcement

OFCCP Posts New “CSAL” List Targeting 400 Establishments for Compliance Audits

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has posted online a new list – formally known as the Corporate Scheduling Announcement List (CSAL) – targeting 400 federal contractor establishments for an upcoming compliance evaluation. The new FY 2022 CSAL identifies the type of review for which each entity on the list has been flagged, broken down as...
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May 27, 2022
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Category: Agency Enforcement

OFCCP Introduces AAP-VI Bulk Upload Option for Multi-Establishment Contractors

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has announced an option for federal contractors and subcontractors with 100 or more establishments (or functions) to upload or modify establishment information into the agency’s Affirmative Action Program Verification Interface (AAP-VI) Contractor Portal. As we reported previously, all supply and service contractors subject to OFCCP’s jurisdiction must certify by June...
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May 27, 2022
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Category: Arbitration and Dispute Resolution

Supreme Court Issues Another Important Arbitration Ruling in Morgan v. Sundance

A unanimous decision issued by the U.S. Supreme Court this week in the case of Morgan v. Sundance, Inc., No. 21-328 (U.S. May 23, 2022), the latest in a series of important arbitration rulings handed down by the High Court in recent years, creates even further incentive for an employer to act promptly when it seeks to compel arbitration. The...
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May 27, 2022
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Category: Wage and Hour

House Committee Approves Massive Pro-Worker Overhaul of Fair Labor Standards Act

The Democrat majority on the U.S. House of Representatives Committee on Education and Labor recently approved a massive rewrite of the federal Fair Labor Standards Act (FLSA), the federal law that sets wage and hour requirements. Among other things, the bill (H.R. 7701) would put the federal government in charge of enforcing private wage agreements, add burdensome new employer disclosure...
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May 27, 2022
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Category: Labor Relations

Ruling by Fourth Circuit in Sinai Hospital Highlights NLRA’s Broad Worker Coverage

The U.S. Court of Appeals for the Fourth Circuit recently ruled that a group of janitorial workers were “employees” under the National Labor Relations Act (NLRA or Act) and could therefore unionize despite their participation in a government-sponsored program designed to assist individuals with disabilities facing barriers to employment. In so ruling, the appeals court agreed with the National Labor...
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May 20, 2022
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Category: Agency Enforcement

EEOC Issues Guidance on How Use of AI Can Impact ADA Compliance

The Equal Employment Opportunity Commission (EEOC or Commission) has issued new technical assistance guidance on how the use of artificial intelligence (AI) and algorithmic decision-making tools could impact compliance with the Americans with Disabilities Act (ADA). The new guidance is the latest manifestation of an effort by the EEOC that began in earnest last year to address the intersection of...
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May 20, 2022
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Category: Agency Enforcement

OFCCP Key Personnel Update

In the sixteen months that have transpired since President Biden appointed Jenny Yang as the Director of the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP), there have been several key personnel changes, some of which we’ve previously brought to your attention. Given the major policy developments at the agency that have occurred within the last few months, we...
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May 20, 2022
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Category: State and Local Law

Interstate: May 2022 Update

We are pleased to present the latest edition of our “Interstate” memo series, an ongoing service we provide on a regular basis when state and local legislatures are active to help employers stay on top of important new state and local workplace compliance developments. This edition covers notable developments we are aware of that have occurred since our last update...
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May 20, 2022
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Category: Agency Enforcement

California Looking To Bolster Its Pay Data Reporting Requirements

According to the Director and Deputy Director of California’s Department of Fair Employment and Housing (DFEH), the state agency that enforces California’s comprehensive pay data reporting requirements, Governor Gavin Newsom wants to further bolster the program by giving DFEH additional resources to hire new staff to strengthen its pay data enforcement capabilities, including in its Information Technology (IT) Division to...
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May 13, 2022
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Category: Agency Enforcement

OFCCP Financial Settlement Update – May 2022

To help federal contractor keep up with recent enforcement trends out of the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP), for the last several years we have been summarizing, on a periodic basis, major settlements announced by OFCCP that involve financial remedies. And while the pace of settlements clearly accelerated during the last year of the Trump Administration,...
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