Insights

November 28, 2023
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Category: Compliance Reporting and Recordkeeping

CWC Files “Declaration” Supporting DOL in Ongoing EEO-1 FOIA Litigation

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, filed a declaration with the U.S. District Court for the Northern District of California supporting the objection of the Department of Labor (DOL) to releasing EEO-1 data for which federal contractors claim an exemption under the Freedom of Information Act (FOIA). In response to a request from the Center...
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November 28, 2023
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Category: Congress

NLRB Delays Joint Employer Rule Effective Date in Response to Legal Challenges

The National Labor Relations Board (NLRB) has postponed the effective date of its controversial new joint employer rule until February 26, 2024, two months later than the originally announced effective date of December 26, 2023. The Board said it is delaying the rule’s implementation “to facilitate resolution of legal challenges.” Two lawsuits have been filed to challenge the rule—one by...
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November 28, 2023
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Category: Appropriations

Congress Extends DOL and EEOC FY 2024 Funding Deadlines Until February 2, 2024

In a last-minute deal to avoid a government shutdown, Congress set aside its partisan differences, at least for now, and agreed to temporarily fund the federal government. Under the terms of the unusual two-part agreement, the principal workplace regulatory agencies, such as the Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC), will be funded until February 2,...
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November 16, 2023
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Category: Discrimination and Harassment

OFCCP Officially Launches New Pre-Complaint Inquiry Form

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has revised its filing process for discrimination complaints to include a new Pre-Complaint Inquiry Form (CC-390). OFCCP hopes that the new form will assist it in weeding out non-meritorious allegations and in evaluating whether OFCCP has proper jurisdiction to investigate the allegations. A description of the revised complaint process and instructions...
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November 15, 2023
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Category: Comment Letter

CWC Comments to DOL Object to Proposal for Expanding White Collar Overtime Pay

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has filed written comments with the Department of Labor (DOL) objecting to its proposed rule that would substantially increase the salary test for white-collar overtime regulations. CWC’s comments question whether the proposal is needed and whether it exceeds DOL’s authority under the Fair Labor Standards Act (FLSA). If finalized...
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November 15, 2023
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Category: Agency Enforcement

Latest Annual NLRB Enforcement Numbers Show Another Sharp Increase in ULP Charges Filed

The number of unfair labor practice (ULP) charges filed with the National Labor Relations Board (NLRB or Board) by workers and their union representatives has increased by 30% over the last two years, according to NLRB enforcement data. The 19,869 ULP charges filed in FY 2023 are the highest number of charges filed since FY 2016. The NLRB’s annual enforcement...
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November 14, 2023
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Category: Biden Administration

Senate Confirms Charlotte Burrows to Third Term On EEOC, Locking in Democratic Majority

The U.S. Senate, on a partisan vote of 51 to 47, confirmed President Biden’s nomination of Equal Employment Opportunity Commission (EEOC) Chair Charlotte Burrows to a third term on the commission ending in 2028. Ms. Burrows’ confirmation means that the five-member EEOC will operate with a Democratic majority until at least 2026. Members of the Center for Workplace Compliance (CWC),...
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November 13, 2023
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Category: Artificial Intelligence

Sweeping New Biden Executive Order on AI Carves Out Role for Labor Department

President Biden has issued a wide-ranging executive order directing federal executive branch agencies to develop policies that manage the risks of artificial intelligence while recognizing its potential. Officially titled “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence,” E.O. 14110 was signed October 30, 2023. This memo focuses on the ramifications for the Department of Labor (DOL) and its...
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November 09, 2023
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Category: Compliance Reporting and Recordkeeping

Distilling EEOC’s Posted Guidance Regarding This Year’s EEO-1 Filing Season

As the online portal for filing the 2022 Component 1 Employer Information (EEO-1) Reports opened last week, the changes made this year by the Equal Employment Opportunity Commission (EEOC) to the EEO-1 filing procedures have generated many questions from filers. The EEOC responded by posting 93 pages of FAQs on its EEO-1 website, designated as Volume 2 and Volume 3. The guidance itself has...
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November 07, 2023
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Category: Comment Letter

CWC Urges EEOC To Conform New Workplace Harassment Guidance to Established Legal Principles

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has filed written comments with the Equal Employment Opportunity Commission (EEOC or Commission) on its proposed enforcement guidance on workplace harassment liability. Once adopted, the revised guidance will supersede existing guidance on the topic issued by the Commission over the last two decades. Our comments support the commission’s goal...
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