Insights

July 16, 2024
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Category: Agency Enforcement

Latest Biden Reg Agenda Lists EEOC Pay Data Collection Rulemaking in Early 2025

The Biden Administration’s latest semi-annual regulatory agenda, published July 5, 2024, confirms that the Equal Employment Opportunity Commission (EEOC) plans to propose regulations early next year that will lead to a new pay data collection tool. Meanwhile, the Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) has extended the timeline for modernizing its affirmative action regulations, with...
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July 16, 2024
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Category: Discrimination and Harassment

EEOC Officially Rescinds ADA/GINA Interpretive Guidance on Wellness Plan Incentives

More than five years after the Equal Employment Opportunity Commission (EEOC) rescinded portions of its regulations dealing with incentives that employers could offer under corporate wellness plans without violating the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA), the agency officially withdrew its guidance interpreting those regulations. While the agency’s action is largely a cleanup exercise, it...
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July 11, 2024
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Category: Agency Enforcement

Texas Federal Court Temporarily Blocks FTC’s Controversial Noncompete Rule

The U.S. District Court for the Northern District of Texas issued an order temporarily blocking the Federal Trade Commission from enforcing its controversial new noncompete rule against the U.S. Chamber of Commerce and the other plaintiffs who filed a lawsuit to invalidate it. The rule prohibits most noncompete agreements that restrict workers from taking a new job or starting a...
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July 10, 2024
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Category: Agency Enforcement

Supreme Court Scraps 40-Year-Old Test Requiring Courts To Defer to Agency Regulatory Interpretations

Federal courts should no longer defer to federal agencies’ interpretations of unclear statutory language, the U.S. Supreme Court ruled June 28, 2024, in Loper Bright Enterprises v. Raimondo. In that case, a divided Court overturned the Chevron deference principle under which courts deferred to federal agencies’ interpretations of ambiguous statutes. The Court said agencies do not have any special competence...
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July 09, 2024
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Category: State and Local Law

CWC Interstate: July 2024 Update

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, presents a new Interstate memo that reports on state and local compliance requirements and laws enacted since May 2024. Some of the laws on which we report relate to the effects of technology, specifically artificial intelligence (AI) discrimination in California and biometric privacy in Illinois. Other laws concern wages,...
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July 09, 2024
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Category: Affirmative Action and Diversity

OFCCP Financial Settlements in FY 2024 Q1-Q3

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has announced 16 formal settlements of enforcement actions against federal contractors during the first three quarters of fiscal year 2024, which spans the time period from October 1, 2023, to September 30, 2024. A financial settlement does not indicate wrongdoing. The Center for Workforce Compliance (CWC), our affiliated nonprofit membership...
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July 02, 2024
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Category: FLSA

DOL’s Overtime Rule Takes Effect as Federal Court Blocks Enforcement Against Texas

The first phase of the U.S. Labor Department’s recent revisions to its overtime regulations for executive, administrative, and professional employees went into effect July 1, 2024. DOL’s final rule increased the minimum salary level from $684 per week to $844 per week (equivalent to an annual salary of $43,888) on July 1, 2024, and to $1,128 per week (equivalent to an annual...
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July 02, 2024
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Category: Agency Enforcement

Staffing Firm Agrees To Pay Over $500,000 To Settle Citizenship Discrimination Allegations

The U.S. Justice Department has entered into a settlement agreement worth more than half a million dollars to end an immigrant bias investigation of a staffing agency. The $557,500 settlement resolves allegations that the staffing firm violated the Immigration and Nationality Act (INA) by using job postings that discouraged applications from non-U.S. citizens who were authorized to work in the United States....
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July 01, 2024
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Category: Agency Enforcement

OFCCP Asks OMB To Expand Construction Scheduling Letter and Itemized Listing

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has submitted a formal request to the White House Office of Management and Budget (OMB) to use a more detailed scheduling letter and itemized listing to notify federal construction contractors of a compliance audit. OFCCP unveiled its proposal for a new scheduling letter back in March. The Center for Workplace Compliance (CWC), our...
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June 27, 2024
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Category: Compliance Reporting and Recordkeeping

New Illinois Pay Reporting Recertification Notices Mistakenly Request Data From Wrong Year

The Illinois Department of Labor (IDOL) is issuing notices to remind employers that they must obtain a new Equal Pay Registration Certificate (EPRC) in 2024 if they obtained their initial EPRC in 2022. However, the state’s reminders included the wrong date for the employee-level compensation data that they must submit. Some of IDOL’s recertification notice emails to employers erroneously stated...
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