Insights

October 31, 2024
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Category: Agency Enforcement

Labor Department Enjoined From Enforcing E.O. 11246 Claim Against Federal Contractor

A federal district court has temporarily blocked the Office of Federal Contract Compliance Programs from continuing enforcement proceedings against a  janitorial services company that allegedly violated Executive Order 11246 by engaging in racially discriminatory hiring. The September 9 ruling by the U.S. District Court for the Southern District of Texas came in ABM Industry Groups v. U.S. Department of Labor....
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October 31, 2024
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Category: Compliance Reporting and Recordkeeping

New FOIA Requests Seek Contractor EEO-1 Data From 2021

OFCCP will release the EEO-1 Type 2 Reports for thousands of contractors for the 2021 filing year unless the contractors file a written objection with OFCCP by December 9, the agency announced October 29, 2023. The release will occur in response to Freedom of Information Act requests from the University of Utah and a non-profit organization named As You Sow. The...
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October 30, 2024
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Category: Government Contracts

CWC Explains the Davis-Bacon Act

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has updated its primer on the Davis-Bacon Act. The Davis-Bacon Act (DBA) and a collection of laws called the Davis-Bacon Related Acts (DBRA) require contractors to pay laborers and mechanics working on covered federal construction contracts the prevailing wage and fringe benefits for the same job classification in the same area....
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October 30, 2024
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Category: Agency Enforcement

DOL Enforcement Report Highlights Focus on Coercive Employment Contracts

The Solicitor of Labor has issued a report highlighting DOL’s recent enforcement priority—employment contracts with provisions that may discourage workers from exercising their rights under worker protection laws. The report, Solicitor of Labor Enforcement Report: Coercive Contractual Provisions, lists seven types of concerning provisions. The provisions most likely to concern DOL investigators are those that: require employees to agree that they...
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October 28, 2024
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Category: Disability, Accommodations, and Leaves

Third Circuit Confirms Chronic Serious Health Condition Must Be Established at the Time of Leave

To qualify as having a serious health condition under the Family and Medical Leave Act, an employee must have sought periodic treatment before requesting or taking leave for a chronic condition, a federal appeals court ruled October 18, 2024, in Rodriquez v. SEPTA. In a win for employers, the U.S. Court of Appeals for the Third Circuit denied a former...
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October 24, 2024
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Category: Policies and Practices

CWC’s Guide to Political Discourse in the Workplace

With election season in full swing, employers may wish to review our updated Guide to Political Discourse in the Workplace. CWC’s Guide reviews the major areas of risk related to workplace policies on political discourse. The guide reviews the requirements of the National Labor Relations Act, which protects political speech related to employment issues; and federal non-discrimination laws, which allow employers to...
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October 24, 2024
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Category: Legislation

CWC Interstate Special Edition: 2024 California Employment-Related Legislation Wrap-Up

This Interstate Special Edition summarizes employment-related bills signed by California Governor Gavin Newsom after the state legislature’s 2024 session. Captive Audience Ban: SB 399 essentially prevents employers from holding mandatory meetings about unionization. Crime Victim Leave: AB 2499 expands the circumstances under which employees can take state-paid sick leave after a crime. The leave will apply even where no one is charged...
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October 22, 2024
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Category: Agency Enforcement

FY 2023 USERRA Complaint Filings Down Slightly From a Year Ago

The number of complaints filed by military service members under USERRA dipped slightly for fiscal year 2023 but are still near historic highs, data from the Labor Department’s Veterans’ Employment and Training Service (DOL-VETS) show. The Uniformed Services Employment and Reemployment Rights Act protects the employment and reemployment rights of employees who have been called to active military duty. The...
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October 21, 2024
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Category: Compliance Reporting and Recordkeeping

EEOC Proposes a New Rule for Filers Seeking Exemption From EEO Reporting Requirements

The Equal Employment Opportunity Commission has proposed revising its rules regarding hardship exemptions to EEO reporting requirements. The proposed rule would delegate the Commission’s authority to decide hardship exemption applications to the agency’s chief data officer. It also would establish a procedure for applying for exemptions and provide examples of criteria for granting exemptions. Almost all covered employers and federal...
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October 16, 2024
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Category: Affirmative Action and Diversity

Highlights From CWC’s Tenth Annual Talent Acquisition Compliance Summit

The Center for Workplace Compliance, our affiliated nonprofit membership association, held its tenth annual Talent Acquisition Compliance Summit October 3 and 4 in Reston, Va. The summit featured presentations, facilitated discussions, and small-group sessions covering legal, regulatory, and policy developments affecting recruitment and selection. Session topics included: “Ten Key Metrics for Evaluating TA Diversity and Compliance,” which examined ways to...
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