Insights

August 15, 2024
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Category: Compliance Reporting and Recordkeeping

CWC Comments to OMB Argue Against Reinstatement of OFCCP’s Burdensome Form CC-257

CWC has submitted written comments to the White House Office of Management and Budget (OMB) contending that the Office of Federal Contract Compliance Programs’ (OFCCP) request to reinstate the Monthly Employment Utilization Report (Form CC-257) is unnecessary and burdensome. The form would require covered construction contractors and subcontractors to collect and report headcount and hours-worked data by race, ethnicity, sex,...
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August 13, 2024
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Category: Retalliation

DOJ Launches New Corporate Whistleblower Awards Pilot Program

The U.S. Department of Justice (DOJ) has rolled out a pilot program that provides cash bounties to corporate whistleblowers who are not otherwise eligible for cash awards under existing federal whistleblower laws. DOJ officially launched the program, dubbed the Corporate Whistleblower Awards Pilot Program, on August 1, 2024. It is scheduled to run for three years. Under the program, individuals reporting...
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August 12, 2024
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Category: Immigration

USCIS Quietly Updates I-9 Form With New Expiration Date

The U.S. Citizenship and Immigration Services agency has issued an updated version of the Form I-9 with a new expiration date of May 31, 2027. USCIS administers the employment eligibility verification requirements of the 1986 Immigration Reform and Control Act (IRCA). USCIS has updated the Form I-9, Employment Eligibility Verification, with a new expiration date of May 31, 2027. The previous version...
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August 12, 2024
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Category: State and Local Law

California Overhauls Its Private Attorneys General Act (PAGA)

On July 1, 2024, California Governor Gavin Newsom signed Assembly Bill 2288/Senate Bill 92, which amends the state’s controversial Private Attorneys General Act (PAGA). PAGA allows employees to sue their employers for labor code violations and recover monetary rewards on behalf of themselves, other aggrieved employees, and the state. The PAGA revisions—which apply retroactively to PAGA civil actions brought on...
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August 12, 2024
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Category: Labor Relations

NLRB Update: August 2024

There have been several important developments recently involving the National Labor Relations Board: (1) On July 26, 2024, the Board issued its Fair Choice–Employee Voice Final Rule, which restored three policies that the Trump-era Board had scuttled— the blocking charge policy, voluntary union recognition, and parity for construction industry unions. (2) The NLRB dropped its appeal of a court ruling that invalidated...
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August 08, 2024
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Category: Compliance Reporting and Recordkeeping

2024 VETS-4212 Filing Season Underway, Submission Deadline Is September 30

The Labor Department’s Veterans’ Employment and Training Service (DOL-VETS) has opened the filing system for the VETS-4212 Report. The submission deadline is September 30, 2024. The VETS-4212 form provides a workforce snapshot by protected veteran status, as well as the number of protected veteran new hires for the preceding 12-month period. Federal contractors and subcontractors are required to file it...
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August 06, 2024
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Category: Compliance Tools

CWC’s Updated Template for Mandatory ESDS Notifications Under VEVRAA

CWC has updated a template that can assist its federal contractor members in meeting their employment service delivery system (ESDS) notice requirements. CWC’s members can use the updated template to satisfy the Office of Federal Contract Compliance Programs’ (OFCCP) ESDS notice obligations under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) requirements codified at 41 CFR § 60-300.5(a)(4). That rule...
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August 06, 2024
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Category: Compliance Reporting and Recordkeeping

FAR Council Proposes Reinstating Lapsed Contractor Reporting Requirement

The Federal Acquisition Regulatory (FAR) Council wants to reinstate a requirement obligating covered federal contractors to report executive compensation and first-tier subcontract awards. The FAR Council is an interagency entity that coordinates federal government procurement policy and regulatory activities. In a notice published May 24, 2024, the FAR Council indicated that it will seek approval from the White House Office of...
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August 06, 2024
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Category: Appropriations

Best Case Scenario for EEOC, OFCCP in FY 2025 May Be Flat Funding

As Congress moves forward with setting federal government funding levels for fiscal year 2025, it seems increasingly likely that workforce enforcement agencies will be funded at current FY 2024 levels. These agencies include the Labor Department’s (DOL) Office of Federal Contract Compliance Programs (OFCCP), the U.S. Equal Employment Opportunity Commission (EEOC), and the National Labor Relations Board (NLRB). FY 2025...
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August 05, 2024
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Category: Agency Enforcement

OMB Approves OFCCP’s Burdensome New Construction Contractor Scheduling Letter

The White House Office of Management and Budget (OMB) has approved the Office of Federal Contract Compliance Programs’ (OFCCP) expanded version of the Scheduling Letter and Itemized Listing for notifying construction contractors of a compliance evaluation. OMB also has approved a revised version of OFCCP’s new Construction Contract Award Notification Requirement Form (Form CC-314). Both approvals begin July 31, 2024,...
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