Insights

June 27, 2024
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Category: Affirmative Action and Diversity

Updated Template for Good Faith Outreach Letter Available to CWC Members

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has updated its template for good faith outreach letters. CWC members can use this template when contacting external sources for help in identifying diverse candidates that they can recruit for job openings in their companies. This template can help members that are government contractors demonstrate their efforts to comply with...
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June 26, 2024
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Category: Affirmative Action and Diversity

Last Minute Technical Issues Once Again Impact OFCCP Contractor Portal Certification

With the July 1 certification deadline fast approaching, technical issues are again bedeviling OFCCP’s online Contractor Portal and preventing some federal contractors and subcontractors from certifying compliance with the Labor Department’s Office of Federal Contract Compliance Programs. The “Add Establishment” button is no longer available for many contractors on the “My Company” page. Other contractors are unable to certify more...
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June 24, 2024
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Category: Disability, Accommodations, and Leaves

Federal Courts Reach Different Opinions in PWFA Pregnancy Accommodation Cases

Two federal district courts considering challenges to regulations implementing the Pregnant Workers Fairness Act (PWFA) have reached different conclusions regarding the statute’s application to workers having elective abortions. The regulations, issued by the Equal Employment Opportunity Commission (EEOC), took effect June 18, 2024. In the first case, Tennessee v. EEOC (E.D. Ark. June 14, 2024), a federal district court in Arkansas...
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June 19, 2024
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Category: Labor Relations

Supreme Court Makes It Harder for NLRB To Get Preliminary Injunctions To Correct Alleged ULPs

The National Labor Relations Board has not shown the need for a preliminary injunction ordering Starbucks to rehire employees while the Board proceeds with its administrative complaint alleging an unfair labor practice against the coffeehouse chain, the U.S. Supreme Court decided June 13, 2024, in Starbucks Corporation v. McKinney. The Supreme Court held that courts should analyze the NLRB’s petitions...
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June 18, 2024
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Category: Compliance Reporting and Recordkeeping

CWC Urges OMB To Recognize the Compliance Burden Imposed by OFCCP’s Contractor Portal

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has commented on a request by the Office of Federal Contract Compliance Programs (OFCCP) to continue using its contractor portal. Federal contractors and subcontractors must use the contractor portal, an online tool, to certify annually that they have developed and maintained affirmative action programs (AAPs) in accordance with OFCCP’s...
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June 17, 2024
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Category: Artificial Intelligence

New Online Resource Covering State and Local Workplace-Related AI Laws

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has launched a State and Local AI Laws resource online. This new resource is designed to keep our members apprised of the growing number of state and local laws that govern the use of artificial intelligence in making employment decisions. Among the laws summarized in CWC’s new resource are...
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June 17, 2024
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Category: Legislation

Congress Adds Whistleblower Protection Penalties for Aviation-Safety-Related Complaints

Congress has added substantial monetary penalties as a remedy for whistleblower retaliation related to aviation safety violations. The penalties appear in the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (AIR21), which protects employees, contractors, and subcontractors of air carriers from retaliation for reporting aviation safety violations. The legislation, which Congress approved in May 2024 to reauthorize the...
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June 12, 2024
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Category: Agency Enforcement

OFCCP Posts New “CSAL” Flagging 500 Entities for Compliance Audits

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has posted a new Corporate Scheduling Announcement List (CSAL) notifying 500 supply-and-service federal contractor establishments that it has flagged them for an upcoming compliance evaluation. The FY 2024 CSAL Supply & Service Scheduling List, Release – 1 and updated FAQs show that OFCCP has identified 440 establishments for standard compliance reviews, 30...
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June 12, 2024
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Category: Affirmative Action and Diversity

Eleventh Circuit Halts Program Awarding Business Grants Only to Black Women

In another potential setback for corporate programs designed to enhance diversity, equity, and inclusion (DEI), a federal appeals court has told a lower court to halt a contest open only to Black women, pending a decision on whether it passes constitutional muster. A split three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit made the ruling June...
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June 12, 2024
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Category: Compliance Reporting and Recordkeeping

OMB Approves Use of Current Version of VETS-4212 for Another Three Years

The White House Office of Management and Budget (OMB) has approved the Labor Department’s request to continue using the current version of the Federal Contractor Veterans’ Employment Report (VETS-4212) through the 2026 filing season. The VETS-4212 is a mandatory annual report that covered federal contractors must file with DOL’s Veterans’ Employment and Training Service (DOL-VETS). The VETS-4212 is designed to collect...
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