Insights

December 12, 2023
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Category: FLSA

Six States Will Have Overtime Minimum Salary Thresholds Higher Than Fed as of 1/1/24

To be exempt from overtime pay under federal law, an executive, administrative, or professional employee must be paid a weekly salary of at least $684 (equivalent to an annual salary of $35,568), regardless of the employee’s job duties. The Fair Labor Standards Act (FLSA) does not preempt individual states from enacting their own more expansive wage and hour laws, however, and...
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December 12, 2023
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Category: Compliance Reporting and Recordkeeping

DOL Seeking Routine Three-Year Extension of Current VETS-4212 Report

The Department of Labor’s Veterans Employment and Training Service (DOL-VETS) announced November 28, 2023, that it will ask the White House Office of Management and Budget (OMB) to allow it to keep using the current version of the Federal Contractor Veterans’ Employment Report (VETS-4212) for three more years. Covered federal contractors must file the report with VETS annually. Public comments...
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December 11, 2023
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Category: Affirmative Action and Diversity

Commerce Department Is Seeking Input From Private Sector Businesses on Their DEIA Efforts

The U.S. Department of Commerce (DOC) wants to hear from companies about their diversity, equity, inclusion, and accessibility (DEIA) efforts. In response to President Biden’s Executive Orders (E.O.) 13985 and 14091, which call for expanding federal government equity initiatives, the Commerce Department developed a set of draft Business Diversity Principles (BDPs) to describe the private sector’s best DEIA practices. DOC’s draft principles...
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December 07, 2023
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Category: Labor Relations

Fifth Circuit Reverses Biden-Era NLRB Ruling on Tesla’s “Team Wear” Policy

The U.S. Court of Appeals for the Fifth Circuit has overturned a ruling from the National Labor Relations Board (NLRB) finding that a team-wear policy of non-union automaker Tesla violated federal labor law. Tesla’s policy required employees to wear t-shirts emblazoned with the company logo. It allowed employees to wear stickers with union insignia on the shirts, but it did...
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December 06, 2023
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Category: Data and Statistics

FY 2022 USERRA Discrimination Complaints Up 17% Over Previous Year

Enforcement statistics released recently by the U.S. Department of Labor’s Veterans’ Employment and Training Service (DOL-VETS) show that discrimination complaints filed with the agency under the Uniformed Services Employment and Reemployment Rights Act (USERRA) for fiscal year (FY) 2022 increased by 17 percent over FY 2021, reversing a decade-long downward trend. USERRA protects the employment and reemployment rights of employees...
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December 05, 2023
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Category: Compliance Reporting and Recordkeeping

OMB Extends Approval of Current EEO-1 “Component 1” Form Through 2026

The White House Office of Management and Budget (OMB) has modified its prior one-year approval of a request from the U.S. Equal Employment Opportunity Commission (EEOC) to extend “Component 1” of the annual Employer Information (EEO-1) Report for an additional two years, until November 30, 2026. Earlier this year, OMB approved continued use of the Component 1 EEO-1 through August...
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December 05, 2023
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Category: State and Local Law

CWC Interstate: December 2023 Update

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, presents its latest update of state and local workplace compliance requirements, which covers developments that have occurred since the previous update in October. CWC members can read more here.
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December 05, 2023
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Category: Litigation

DOJ Appears To Give Up on Criminal “No-Poach” Prosecutions

The U.S. Department of Justice (DOJ) has dropped its remaining no-poach criminal case, apparently abandoning its strategy of challenging employers’ no-hire agreements as criminal conspiracies under the antitrust laws. On November 15, 2023, a federal trial court in Texas granted DOJ’s motion to dismiss criminal charges against Surgical Care Affiliates (SCA) and SCAI Holdings for allegedly conspiring not to hire...
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November 30, 2023
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Category: Discrimination and Harassment

Apple in Record Settlement with DOJ to Resolve Immigration-Related Discrimination Claims

Apple agreed to pay $25 million in back pay and civil penalties to resolve allegations that it discriminated against U.S. citizens in favor of foreign workers when recruiting for positions through the permanent labor certification program (PERM). Apple does not admit any wrongdoing. The tech giant’s settlement with the Immigrant and Employee Rights Section (IER) of the U.S. Department of...
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November 29, 2023
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Category: Veterans

CWC Members Once Again Among DOL’s Annual “HIRE Vets Medallion Award” Winners

Several members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, were recipients of the 2023 HIRE Vets Medallion Award. This program of the U.S. Department of Labor (DOL) recognizes companies that demonstrate exemplary efforts to recruit, employ, and retain military veterans and provide community and charitable services supporting the veteran community. The award was created in...
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