Insights

August 06, 2025
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Category: Wage and Hour

CWC’s Comments Support DOL’s Proposal To De-Codify Old FLSA Guidance

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has submitted comments to the Labor Department supporting its July 2 proposal to remove nine Fair Labor Standards Act (FLSA) policy statements and interpretive rules from the Code of Federal Regulations (CFR). We expect it won’t be long before DOL moves to finalize its proposal. Specifically, we support DOL’s...
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August 06, 2025
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Category: Agency Enforcement

Senate Confirms Andrea Lucas to Second Term on EEOC

On July 21, the U.S. Senate confirmed Andrea Lucas to a second term on the Equal Employment Opportunity Commission, extending her tenure through 2030. The Senate approved the nomination by a partisan vote of 52 to 45. EEOC’s only confirmed Commissioners are Lucas, a Republican serving as the EEOC’s Acting Chair, and Democrat Kalpana Kotagal. With three seats vacant, the...
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August 06, 2025
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Category: Government Contracts

Senate Panel Rejects White House Proposal To Eliminate OFCCP

The Senate Appropriations Committee rejected the White House’s proposal to eliminate OFCCP in the FY 2026 Labor Department funding bill that it approved July 31. The bill, approved by a bipartisan vote of 26 to 3, allocates $106 million to OFCCP, representing a 4.5 percent cut. The bill is still a long way from becoming law, however. Many stakeholders predicted...
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August 06, 2025
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Category: Affirmative Action and DEI

OFCCP Lowers Annual Veteran Hiring Benchmark

The Office of Federal Contract Compliance Programs has updated its annual Veteran Hiring Benchmark to 5.1%. Contractors can use the revised benchmark for new affirmative action plan annual cycles that begin on or after July 30, 2025. AAPs established before July 30 will retain the previous benchmark until their next cycle. The annual benchmark represents the national percentage of veterans...
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July 31, 2025
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Category: Agency Enforcement

2025 VETS-4212 Filing Season To Start August 1, Deadline September 30

The 2025 filing season for the annual VETS-4212 report opens August 1, the Department of Labor’s Veterans’ Employment and Training Service (DOL-VETS) has announced. The submission deadline is September 30. Any contractor that held one or more contracts or subcontracts with the federal government in 2024 valued at $150,000 or more must submit a VETS-4212 report. Completing the VETS-4212 report...
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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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