Insights

March 13, 2024
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Category: FLSA

DOL’s Controversial Independent Contractor Rule Goes Into Effect

The Department of Labor’s new independent contractor rule for worker classification under the Fair Labor Standards Act (FLSA) went into effect March 11, 2024, although it is subject to several legal challenges. This latest version of the ever-changing standard lists six non-weighted economic factors to consider when deciding whether a person is an independent contractor or an employee. The new...
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March 12, 2024
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Category: Contingent Workers and Joint Employment

Federal Court Blocks Controversial NLRB Joint Employer Rule, Reinstates Trump-Era Rule

A federal trial court has vacated the controversial new National Labor Relations Board (NLRB) joint employer rule and restored the 2020 version of the rule that made it harder to find that an entity is a joint employer. If the new rule had taken effect as scheduled March 11, 2024, it would have been much easier to find that two...
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March 11, 2024
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Category: Appropriations

Congress Flat Funds EEOC for Rest of FY 2024; No Deal Yet on DOL, NLRB Spending

Congress has allocated $455 million to the Equal Employment Opportunity Commission (EEOC) as part of a deal to fund a portion of the federal government through September 30, 2024. President Biden signed the measure March 9. The EEOC’s $455 million appropriation is the same amount it received in FY 2023, despite a request for a budget increase by the Biden...
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March 05, 2024
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Category: Congress

Federal District Court in Texas Rules PWFA Not Lawfully Enacted, Enjoins Enforcement

A federal district court in Texas has ruled that the Pregnant Workers Fairness Act (PWFA) was not enacted lawfully because the House of Representatives did not have a quorum when it voted on the measure in late 2022. (The House had adopted a rule change in 2020 to temporarily allow proxy voting because of the COVID-19 pandemic.) The case is Texas...
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March 05, 2024
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Category: Disability, Accommodations, and Leaves

BLS Reports Labor Force Participation by People With Disabilities Reached Record High in 2023

The U.S. Bureau of Labor Statistics’ latest annual report on labor force participation by people with disabilities shows steady progress over the last ten years, while underscoring the challenges that people with disabilities still face in finding work compared with individuals without disabilities. The percentage of people with a disability who had a job reached a record level of 22.5...
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March 05, 2024
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Category: Compliance Reporting and Recordkeeping

OFCCP To Reinstate Burdensome Reporting Requirement for Construction Contractors

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has announced its intent to reinstate a revised version of its long-discontinued Form CC-257. If implemented, the revised Monthly Employment Utilization Report will require covered federal construction contractors and subcontractors to report data each month on headcount and work hours by race, ethnicity, sex, and construction trade. OFCCP stopped...
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March 04, 2024
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Category: Agency Enforcement

Whistleblower Activity Under Federal Laws Increased in FY 2023

Federal agencies that enforce whistleblower laws report an across-the-board increase in tips and complaints alleging unlawful activity by employers, as well as an increase in complaints alleging unlawful retaliation against whistleblowing employees, fiscal year 2023 statistics show. The four government agencies are the Justice Department, the Securities and Exchange Commission, the Commodity Futures Trading Commission, and the Labor Department’s Occupational Safety and...
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February 28, 2024
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Category: Compliance Reporting and Recordkeeping

EEOC Announces Filing Season for 2023 EEO-1s Will Run From April 30 to June 4

The filing period for the mandatory Component 1 Employer Information (EEO-1) Reports covering 2023 employment data will open April 30, 2024, the Equal Employment Opportunity Commission (EEOC) has announced. Reports will be due five weeks later, on June 4, 2024. Filing specifics have not yet been released, but we think it is safe to say that filers will be able...
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February 26, 2024
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Category: Compliance Reporting and Recordkeeping

Disclosure of Federal Contractor EEO-1 Reports on Hold After DOL Appeals

A federal court has temporarily stayed its order from December 2023 forcing the Department of Labor (DOL) to release EEO-1 reports from federal contractors that objected to the data’s release. The case arose from a news organization’s Freedom of Information Act (FOIA) request. The U.S. District Court for the Northern District of California on February 16, 2024, put on hold...
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February 26, 2024
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Category: Compensation

OFCCP Publishes FAQs on Using Pay History in Making Employment Decisions

As part of the Biden administration’s effort to keep pay equity in the forefront as a domestic policy priority, the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has published a set of 10 Frequently Asked Questions (FAQs) that reiterate longstanding employment law principles on the role of pay history in employment decisions. OFCCP issued the FAQs on January...
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