Insights

May 22, 2024
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Category: Compensation

CWC’s Updated “Talking Points” Guide on DOL’s New White Collar Overtime Regulations

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has written new Talking Points to help CWC members educate their managers and supervisors about the 2024 revisions to the Labor Department’s white-collar overtime regulations. These updated Talking Points supersede the Talking Points that CWC prepared in 2019 when DOL last revised the regulations. The new regulations increase the...
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May 21, 2024
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Category: Disability, Accommodations, and Leaves

Congress Approves Expansion of Lactation Protections for Airline Flight Crews

The FAA Reauthorization Act (H.R. 3935), which was signed into law May 16, 2024, not only reauthorizes the Federal Aviation Administration (FAA) for five years, but it also provides lactation protection for airline crew members. Section 421 of the bill directs the FAA to issue guidance to airlines regarding the expression of milk by crewmembers. Section 421 states that the...
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May 20, 2024
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Category: Discrimination and Harassment

Group of “Red” State AGs Files Challenge to EEOC’s New Harassment Guidance

Republican Attorneys General from 18 states filed a lawsuit May 13, 2024, challenging several provisions of workplace anti-harassment guidance  issued last month by the U.S. Equal Employment Opportunity Commission. Tennessee v. Equal Employment Opportunity Commission, filed in the U.S. District Court for the Eastern District of Tennessee, focuses on the provisions that relate to sexual orientation and gender identity (SOGI)...
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May 20, 2024
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Category: Agency Enforcement

EEOC’s Final FY 2023 Enforcement Statistics Show 10% Increase in Charges Filed

For the second year in a row, there was a notable increase in discrimination charges filed with the Equal Employment Opportunity, according to the EEOC’s FY 2023 enforcement and litigation statistics. Fiscal year (FY) 2023 covers October 1, 2022, to September 30, 2023. The agency received 81,055 discrimination charges in FY 2023, a 10% increase from the year before. This is...
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May 16, 2024
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Category: AAP

OFCCP Files Formal Request With OMB To Extend Use of Contractor Portal

The Labor Department’s Office of Federal Contract Compliance Programs on May 13, 2024, submitted a formal request to the White House Office of Management and Budget (OMB) to renew its contractor portal for three years. Since 2022, federal contractors and subcontractors have used the portal, an online tool, to certify their affirmative action programs (AAPs). OFCCP announced in December 2023...
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May 15, 2024
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Category: Compensation

Highlights From CWC’s Web Workshop on DOL’s New “White Collar” Overtime Regulations

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, held a members-only web workshop May 7, 2024, to discuss the Labor Department’s new white-collar overtime regulations, which will take effect July 1, 2024. DOL’s rule increases the minimum amount that a salaried employee must be paid to be exempt from overtime pay—from the current $684 per week to...
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May 14, 2024
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Category: Arbitration and Dispute Resolution

Senate Committee Approves Bill Banning Pre-Dispute Arbitration of Age Discrimination Claims

A bill that would invalidate mandatory arbitration of age discrimination claims cleared a key Senate committee May 9, 2024, paving the way for possible enactment later this year. On a bipartisan 15 to 6 vote, the Senate Judiciary Committee approved and sent to the full Senate the Protecting Older Americans Act of 2023 (S. 1979). The bill builds on legislation enacted...
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May 13, 2024
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Category: Compensation

Washington State’s Pay Transparency Law Is Spurring Litigation

Two recent lawsuits brought under Washington state’s salary range disclosure law offer insights into various possible outcomes under the statute as lawsuits begin playing out in court. In Atkinson v. Aaron’s LLC, the U.S. District Court for the Western District of Washington dismissed a job applicant’s claim, finding that he lacked standing to sue because he had not suffered a...
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May 09, 2024
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Category: Artificial Intelligence

EEOC Brief Argues That AI Software Vendor Can Be Held Liable for Discrimination

The U.S. Equal Employment Opportunity Commission has filed a friend-of-the-court brief in a federal district court case, arguing that a human resources software company can be held directly liable for employment discrimination allegedly caused by its artificial intelligence (AI) tool. The EEOC’s brief in Mobley v. Workday, Inc., claims that a software vendor that provides online resume-screening services can be liable...
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May 07, 2024
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Category: Executive Order

Federal Appeals Court Upholds Biden’s Federal Contractor Minimum Wage

President Biden had the authority to establish a minimum wage for federal contractors that exceeds the federal statutory minimum wage, the U.S. Court of Appeals for the Tenth Circuit ruled April 30, 2024. In Bradford v. DOL, the Tenth Circuit became the first federal appeals court to rule on a challenge to the federal contractor minimum wage, although appeals are...
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