Insights

January 06, 2024
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Category: Agency Enforcement

OFCCP Audits, Financial Recoveries Increased Notably in FY 2023

There were notable increases in the number of audits conducted by the Office of Federal Contract Compliance Programs (OFCCP) and the monetary remedies it obtained in 2023, according to an analysis of OFCCP data performed by the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association. OFCCP completed 1,056 supply-and-service (i.e., non-construction) compliance evaluation audits in fiscal year (FY) 2023, a...
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January 03, 2024
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Category: State and Local Law

Notable New State Workplace Laws Going Into Effect on January 1, 2024

Many state workplace laws discussed in our Interstate memos are taking effect at the beginning of the year. Therefore, we have compiled a digest of the most notable new state laws, as well as two local laws from Chicago and Seattle. Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.
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January 03, 2024
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Category: DOL

DOL Finalizes Rule Reinstating Right of First Refusal Policy on SCA Contracts

The U.S. Department of Labor (DOL) has published a final rule requiring federal contractors and subcontractors on covered service contracts to offer employees employed under a predecessor contract a right of first refusal of employment on a successor contract. The rule will take effect February 12, 2024. It restores a policy implemented by the Obama Administration and reversed by the Trump Administration....
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January 03, 2024
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Category: Affirmative Action and Diversity

CWC’s Updated College and University Graduate Diversity Data Resources, 2021-2022

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has compiled a series of tables and online tools to help companies develop or refine their college recruitment strategy. CWC devised the tables based on data that it obtained from the U.S. Department of Education (DOE). The tables show demographic data by academic award level for the 38 degree...
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December 20, 2023
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Category: Compensation

Colorado Issues Regulatory Guidance on Its Recently Amended Pay Transparency Law

The Colorado Department of Labor and Employment (CDLE) has issued regulatory guidance on the state’s recently amended and highly prescriptive Equal Pay for Equal Work Act. The amendments go into effect January 1, 2024. Since 2021, the law has required covered employers operating in Colorado to: (1) include pay ranges in job postings for all jobs that could be performed in the...
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December 19, 2023
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Category: Compliance Reporting and Recordkeeping

EEO-1 Filers Should Check Historical Reports in Wake of Recent Database Display Error

A contractor that administers the annual Employer Information (EEO-1) Report for the U.S. Equal Employment Opportunity Commission (EEOC) is advising that historical EEO-1 Reports from 2015 through 2021 that were downloaded in conjunction with the current EEO-1 filing cycle might have displayed incorrect data. According to the contractor, historic reports accessed in the OFS [Online Filing System] between October 31...
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December 18, 2023
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Category: Biden Administration

President Biden Adds Global Labor Rights to His Pro-Union Action Plan

President Biden has launched another initiative to advance labor union rights, this time from a global perspective. In a memorandum entitled “Advancing Worker Empowerment, Rights, and High Labor Standards Globally,” President Biden directed executive branch agencies “to pursue a whole-of-government approach to advancing worker empowerment and organizing, workers’ rights, and labor standards globally.” The memorandum has no immediate impact on...
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December 18, 2023
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Category: Data and Statistics

Latest Annual (2022) Drug Use Survey Shows Another Jump in Substance Abuse by Working Americans

The government’s most recent annual drug and alcohol use survey shows a continuing increase in substance abuse by full-time workers. According to the National Survey on Drug Use and Health (NSDUH or Survey), covering calendar year 2022, both the use of illicit drugs (including marijuana, which remains illegal nationwide under federal law) and alcohol abuse by full-time employees (FTEs) in...
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December 14, 2023
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Category: EEOC

Government’s Latest Semi-Annual Regulatory Agenda Shows New Activity by the EEOC

This memo summarizes workplace-related regulatory priorities that the Biden Administration listed in its latest semi-annual regulatory agenda. This memo, as well as a chart prepared by our affiliated nonprofit membership association, the Center for Workplace Compliance (CWC), provide a user-friendly digest of regulatory developments that we are following. Notably, for the first time in several years, the agenda lists several new...
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December 13, 2023
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Category: Discrimination and Harassment

Eleventh Circuit Rules No Discrimination If Hiring Officials Didn’t Know Applicant’s Race

The U.S. Court of Appeals for the Eleventh Circuit ruled in a non-precedential opinion in Tolley v. Mercer University that a white applicant for a professorship failed to prove race discrimination because he could not show that the university officials who rejected his application knew his race. Employment discrimination is about actual knowledge and real intent, not constructive knowledge and...
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