Insights

May 02, 2024
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Category: Affirmative Action and Diversity

CWC’s FAQs on the New Federal Race/Ethnicity Data Reporting Standards

The new standards for collecting and reporting federal race and ethnicity data—published in March by the White House Office of Management and Budget (OMB)—will have a major impact on the reporting requirements imposed by the Equal Employment Opportunity Commission (EEOC) and the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP). The Center for Workplace Compliance (CWC), our affiliated nonprofit...
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May 01, 2024
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Category: Policies and Practices

FTC Finalizes Rule Banning Most Non-Compete Agreements; Legal Challenges Already Filed

The Federal Trade Commission (FTC) has issued a final rule that bans nearly all non-compete agreements. The rule will take effect 120 days after publication in the Federal Register, which is scheduled for May 7, 2024. The final rule prohibits an employer from entering into non-compete clauses with any of its workers, including independent contractors, volunteers, and interns. The rule defines...
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April 30, 2024
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Category: Comment Letter

CWC Comments Urge OFCCP To Amend Proposed Construction Contractor Scheduling Letter

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, wrote a comment letter to the Labor Department’s Office of Federal Contract Compliance Programs urging OFCCP to abandon expansive changes it is proposing to the Scheduling Letter through which it notifies federal construction contractors of an upcoming compliance evaluation. OFCCP solicited public comments on its proposed changes, as required...
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April 25, 2024
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Category: Comment Letter

CWC Comments to OFCCP Question Need for Reinstatement of Construction Contractor Form CC-257

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has submitted comments to the Labor Department’s Office of Contract Compliance Programs (OFCCP) on its proposal to reinstate a monthly version of its long-discontinued Utilization Report (Form CC-257) for federal construction contractors and subcontractors. CWC’s comments support OFCCP’s efforts to improve the process for scheduling federal contractors for compliance...
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April 24, 2024
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Category: FLSA

DOL Raises White Collar Overtime Threshold by 65%, Leaves Employers Little Time To Comply

The U.S. Department of Labor has issued a final rule revising the white-collar exemptions to the Fair Labor Standards Act’s overtime rules that will make thousands of additional salaried executive, administrative, and professional employees eligible for overtime pay. The rule will increase the minimum amount that a salaried employee must be paid to be exempt from overtime pay—from the current...
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April 23, 2024
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Category: Comment Letter

CWC Comments to EEOC on PWFA Procedural Rules Urge Greater Transparency Re: Process Used

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, filed comments with the U.S. Equal Employment Opportunity Commission endorsing EEOC’s recently revised procedural regulations as being consistent with the Pregnant Workers Fairness Act (PWFA). The comments also express CWC’s concern that EEOC did not give the public an opportunity to comment until after it finalized the rules. The revisions...
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April 22, 2024
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Category: Discrimination and Harassment

Supreme Court Makes It Easier To Prove Discriminatory Job Transfer Under Title VII

In an important employment discrimination case, the U.S. Supreme Court has lowered the burden of proof for an employee to prove that an unwanted job transfer violated Title VII of the Civil Rights Act. Title VII prohibits a discriminatory job transfer even if it does not cause an employee significant harm, the U.S. Supreme Court ruled in Muldrow v. St. Louis. Resolving...
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April 22, 2024
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Category: Arbitration and Dispute Resolution

Supreme Court Rules FAA Transportation Worker Exemption Hinges on Driver’s Job, Not Industry

In a case addressing the scope of the Federal Arbitration Act’s transportation worker exemption, the U.S. Supreme Court ruled April 12 that a transportation worker does not have to work in the transportation industry to be exempt from an arbitration agreement. The unanimous ruling in Bissonnette v. LePage Bakeries clarifies that the exemption’s applicability depends on the nature of the worker’s work rather...
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April 18, 2024
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Category: Comment Letter

CWC Comments to OMB Support DOL’s Request To Extend the VETS-4212, Without Change

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has filed comments with OMB supporting a request from the Labor Department’s Veterans’ Employment and Training Service (DOL-VETS) to extend the Federal Contractor Veterans’ Employment Report (VETS-4212) for three more years. Approval from the White House Office of Management and Budget, which is expected soon, is the final step...
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April 18, 2024
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Category: Disability, Accommodations, and Leaves

Divided EEOC Issues Expansive PWFA Interpretive Regulations, Inviting Legal Challenges

The Equal Employment Opportunity Commission (EEOC) has issued final regulations interpreting the Pregnant Workers Fairness Act. The PWFA, which became law in 2022, codifies the right to request reasonable accommodations for pregnancy-related limitations. The expansive implementing regulations adopted by the EEOC’s Democratic majority, which are similar to the proposed regulations published last August, are almost certain to be challenged in...
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