April 17, 2025
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Category: Agency Enforcement

President Trump Directs Agencies To Rescind Unlawful Regulations Without Notice and Comment

President Trump has instructed federal agencies to disregard the notice and comment process when repealing supposedly unlawful regulations. In an April 9 memo, he told federal agency and department heads to repeal regulations that are contrary to a list of specific recent Supreme Court decisions. The memo orders agency heads to skip providing a public notice and comment period when doing...
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April 08, 2025
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Category: ADA

Employment-Related Lawsuits Filed in Federal Court Increased Again in 2024

The number of employment-related lawsuits filed in federal courts increased for the second consecutive year, according to statistics from the Administrative Office of the United States Courts (AO). They show that 27,499 employment-related federal lawsuits were filed in FY 2024, an increase of more 5% from FY 2023. Employment-related lawsuits filed under the Americans with Disabilities Act (ADA) increased by almost...
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April 07, 2025
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Category: Compliance Reporting and Recordkeeping

EEOC Seeks To Remove Non-Binary Response Option for EEO-1 Reporting

The Equal Employment Opportunity Commission has asked the White House Office of Management and Budget (OMB) for approval to change the EEO-1 Report’s instructions relating to employees that self-identify as non-binary. Employers likely will be required to report all employees as either male or female in the next reporting cycle. For the past several years, the EEOC has instructed employers that they...
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January 23, 2025
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Category: Affirmative Action and Diversity

President Trump Rescinds E.O. 11246

President Trump has issued a new Executive Order formally rescinding Executive Order 11246 and directing the Office of Federal Contract Compliance Programs (OFCCP) to cease holding federal contractors responsible for taking affirmative action. Executive Order 11246 was signed by President Johnson in 1965, and prohibits covered federal contractors from discriminating in employment on the basis of race and sex, among...
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January 22, 2025
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Category: CP Featured

Supreme Court Rejects Higher Evidentiary Standard for Proving FLSA Exemptions

The U.S. Supreme Court last week made it easier for employers to defend their decisions to apply the FLSA’s overtime and minimum wage exemptions. In E.M.D. Sales, Inc. v. Carrera, it unanimously rejected a lower court’s ruling that applied a tougher standard for employers to prove FLSA exemptions. In the January 15 ruling, the Justices held that an employer must...
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January 22, 2025
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Category: Agency Enforcement

President Trump Designates New Leadership at Workplace Compliance Agencies

President Trump has moved quickly to install new leadership at agencies responsible for workplace compliance. He has already designated new officials at the EEOC, where he named Republican Commissioner Andrea Lucas to serve as Acting Chair, and at the NLRB, where he designated Republican Marvin Kaplan to serve as Chairman. At the Labor Department, he designated career official Vince Micone...
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January 16, 2025
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Category: Agency Enforcement

President-Elect Trump Picks Former EEOC Commissioner Keith Sonderling for Deputy Secretary of Labor

President-elect Trump has announced Keith Sonderling as his choice to serve as Deputy Secretary of Labor. The Deputy Labor Secretary is DOL’s second-in-command and generally manages the department’s day-to-day operations. Sonderling served as an EEOC Commissioner from September 2020 until August 2024. Before that, he served as Acting Administrator of DOL’s Wage and Hour Division. President Trump will have to...
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December 19, 2024
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Category: Agency Enforcement

OFCCP Audits, Financial Remedies Decreased in FY 2024

OFCCP had a slow year in FY 2024, awarding less money in discrimination cases to fewer class members and completing fewer audits than at any time in recent memory, according to enforcement data released by the agency. The data, which cover the period from October 1, 2023, to September 30, 2024, show that OFCCP completed 14% fewer supply-and-service (non-construction) audits...
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December 03, 2024
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Category: Compliance Reporting and Recordkeeping

OFCCP Construction Contractor Utilization Report Due April 2025 (and Every Month Thereafter)

Federal construction contractors and subcontractors must begin filing their monthly CC-257 forms April 15, 2025, the Labor Department’s Office of Federal Contract Compliance Programs announced. Employers that have a federal construction contract or subcontract, or a contract in which federal funds pay for construction work worth more than $10,000, must submit a Monthly Employment Utilization Report (CC-257) to OFCCP on...
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May 09, 2024
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Category: CP Featured

OFCCP Publishes Helpful Guidance on Use of Artificial Intelligence

A new guidance document from the Labor Department’s Office of Federal Contract Compliance Programs may prove helpful to federal contractors. Artificial Intelligence and Equal Employment Opportunity for Federal Contractors concerns the use of artificial intelligence and other automated systems in the employment context. The guidance responds to President Biden’s Executive Order 14110, which directs federal agencies to develop policies for...
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