Insights

May 14, 2026
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Category: Discrimination and Harassment

EEOC Targets Vendor Hiring Assessments That May Trigger Retaliation Concerns

An employer cannot avoid accountability for problematic pre-employment assessments by outsourcing applicant screening to outside vendors, the Equal Employment Opportunity Commission has signified. In a subpoena enforcement action, the EEOC asked a federal court to compel a third-party vendor to produce information about pre-offer suitability assessments that it administered for a public employer.   Pre-employment screening assessment items that reference prior complaints, EEOC activity, or legal proceedings are not automatically unlawful, but they are likely to draw scrutiny because they could deter applicants from...
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May 14, 2026
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Category: Disability, Accommodations, and Leaves

OFCCP Updates Form CC-305 Expiration Date

DOL’s Office of Federal Contract Compliance Programs has updated its Voluntary Self-Identification of Disability (Form CC-305) to a May 31 expiration date. Form CC-305 had expired April 30, but employers were permitted to continue using it after that date. Contractors may, at their discretion, update their forms or continue using the expired forms carrying an April 30 expiration date until OMB formally approves an extension.   Contractors should continue to comply with OFCCP’s regulations to invite employees and applicants...
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May 13, 2026
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Category: Wage and Hour

DOL Proposes Clearer, More Balanced Joint Employer Test

A proposed joint employer rule from the U.S. Department of Labor would clarify the standard for joint employer liability under federal wage and hour laws. The proposal would apply to the Fair Labor Standards Act, the Family and Medical Leave Act, and the Migrant and Seasonal Agricultural Worker Protection Act.   The proposal resembles an interpretation that DOL adopted in 2020 but rescinded during the Biden Administration.   Under the proposed rule’s four-factor test, there is a substantial likelihood of joint...
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May 07, 2026
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Category: Affirmative Action and DEI

How To “Flow Down” The EO 14398 Clause To Subcontractors

Federal agencies have been incorporating FAR clause 52.222-90, Addressing DEI Discrimination by Federal Contractors, into new and existing contracts valued above $15,000. Under guidance from the White House Office of Management and Budget and the Federal Acquisition Regulatory Council, agencies must make every effort to incorporate the clause by July 24. Prime contractors in turn must ensure that the clause flows down...
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May 06, 2026
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Category: Affirmative Action and DEI

FAR Council Formally Initiates Process To Mandate EO 14398 DEI Disclosures

The Federal Acquisition Regulatory Council has initiated the formal process for federal agencies to begin collecting all “books, records, and accounts” for assessing contractors’ compliance with Executive Order 14398. The new EO, Addressing DEI Discrimination by Federal Contractors, requires contractors to refrain from “racially discriminatory DEI activities” and provide the government access to the records and data needed to determine their compliance. The FAR Council...
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May 06, 2026
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Category: Agency Enforcement

Kenneth Wolfe Appointed OFCCP Director

Kenneth Wolfe has taken over as director of the Department of Labor’s Office of Federal Contract Compliance Programs, according to DOL’s website and Wolfe’s LinkedIn profile. He replaces Ashley Romanias. Wolfe also serves as director of DOL’s Center for Faith. Previously, he served at the U.S. Department of Health and Human Services in the Administration for Children and Families. During President Trump’s second...
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May 05, 2026
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Category: Agency Enforcement

House Appropriators Seek Nearly 13 Percent Cut From EEOC’s Budget

The House subcommittee responsible for funding the Equal Employment Opportunity Commission has recommended steep cuts in the agency’s budget, a sharp contrast from the more than $20 million increase sought by the Administration. The panel has advanced spending legislation for fiscal year 2027 that would slash $55.8 million from the EEOC’s budget, a 12.9 percent cut from its current funding of...
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May 04, 2026
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Category: Labor Relations

Appeals Court Rejects NLRB’s Finding That Disparaging Public Testimony Was Protected

A federal appeals court panel has concluded that the National Labor Relations Board misapplied precedent by treating an employee’s disparaging remarks as protected even though the employee did not identify a connection to a labor dispute. Section 7 of the National Labor Relations Act did not protect the speech because the testimony lacked that disclosure, the U.S. Court of Appeals for...
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May 01, 2026
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Category: State and Local Compliance

CWC Interstate For March-April 2026

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has issued its March-April 2026 Interstate, which details recent state and local workplace compliance developments. The Interstate discusses fair employment developments, including diverse interview slates (Florida); employment discrimination (New Jersey, New York, Virginia); posting and notice requirements (Connecticut, Maine); reasonable accommodation (Ohio); retaliation (Virginia); and salary history and pay transparency...
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April 30, 2026
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Category: Wage and Hour

CWC’s Comments Support Revisions To DOL’s Worker Classification Rule

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has submitted comments supporting DOL’s proposed changes to the independent contractor status rule. The Wage and Hour Division’s proposed interpretive worker classification revisions relate to the Fair Labor Standards Act, the Family and Medical Leave Act, and the Migrant and Seasonal Agricultural Worker Protection Act. DOL has not enforced...
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