Insights

November 07, 2023
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Category: Agency Enforcement

OFCCP Financial Settlement Update – November 2023

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has announced a large batch of financial settlements that it reached with federal contractors during the push to resolve pending investigations by the end of the 2023 fiscal year. Since early October, OFCCP has posted sixteen financial settlements, representing roughly $8 million in awards to victims of alleged discrimination. This...
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November 06, 2023
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Category: Labor Relations

NLRB, Brushing Off Employer Objections, Issues Expanded Joint Employer Rule

The Biden-appointed Democratic majority on the National Labor Relations Board (NLRB or Board) has issued a final rule redefining the standard for determining when two employers are considered a joint employer under the National Labor Relations Act (NLRA). The new rule will make it much easier for a business to be found to be a joint employer of another company’s employees and...
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November 01, 2023
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Category: Disability, Accommodations, and Leaves

CWC’s New Online Resource Explains Requirements of Pregnant Workers Fairness Act

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has uploaded its new online training resource related to the Pregnant Workers Fairness Act (PWFA), which took effect in June. The online training guide, which is presented in the form of a “Scroll” consisting of several short modules, is available to CWC members at no extra cost on the...
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November 01, 2023
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Category: Immigration

USCIS Proposes Revisions to the H-1B Visa Program

The U.S. Citizenship and Immigration Services (USCIS) component of the Department of Homeland Security (DHS) has issued a proposed rule to modernize the H-1B specialty occupation visa program. Its goal is to improve the program’s efficiency, provide more flexibility for both petitioners and beneficiaries, and reduce the potential for fraud. The proposal would change the registration selection process for H-1B...
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October 31, 2023
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Category: Affirmative Action and Diversity

CWC’s Primer on Title VI of the Civil Rights Act of 1964

Since the U.S. Supreme Court invalidated the race-conscious admissions policies used by Harvard University and the University of North Carolina (UNC), critics of affirmative action and corporate Diversity, Equity, and Inclusion (DEI) programs have claimed that the ruling supports legal challenges to corporate employment policies and programs. The Court’s ruling was limited to the higher education context, but the Justices...
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October 30, 2023
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Category: Congress

Key Appointments Update: Looman New DOL Wage and Hour Administrator, Burrows Clears Committee

The U.S. Senate recently took two significant steps regarding President Biden’s nominees for key workplace enforcement agency positions. It confirmed Jessica Looman as the Labor Department’s Wage and Hour Administrator, nearly 18 months after she was nominated. In another development, the Senate Health, Education, Labor, and Pensions (HELP) Committee approved and sent to the Senate floor President Biden’s nomination of...
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October 26, 2023
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Category: Agency Enforcement

CWC’s Side-by-Side Analysis of OFCCP’s New Scheduling Letter and Itemized Listing

In August, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) began using a more burdensome Scheduling Letter and Itemized Listing to notify federal contractors when they are flagged for a compliance evaluation. Federal contractors that are flagged for an audit under the new letter should be prepared to provide a great deal more information than OFCCP previously...
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October 25, 2023
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Category: Discrimination and Harassment

CWC’s Updated Primer on Proactive Harassment Prevention and Risk Mitigation Strategies

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has updated its primer on workplace harassment prevention and risk mitigation strategies. Unlawful workplace harassment is one of the most common bases of alleged discrimination charges filed with the Equal Employment Opportunity Commission (EEOC), and the EEOC recently issued a proposal for updating its guidance for preventing workplace harassment...
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October 23, 2023
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Category: Compensation

Recent Equal Pay Case Illustrates How Federal and State Law Outcomes Can Vary

A recent equal pay discrimination ruling by the U.S. Court of Appeals for the Second Circuit serves as a reminder that a court can reach different outcomes depending on whether it is applying federal law or a more expansive state law. In Eisenhauer v. Culinary Institute of America, a female professor for the Culinary Institute of America sued under both New York...
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October 19, 2023
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Category: Congress

U.S. Senate Confirms Plaintiffs’ Lawyer Karla Gilbride as EEOC General Counsel

Nearly a year and a half after President Biden originally nominated her, the U.S. Senate in a partisan vote confirmed plaintiffs’ lawyer Karla Gilbride to serve as the new General Counsel to the Equal Employment Opportunity Commission (EEOC). The position has been filled on an acting basis since Biden’s controversial firing of former General Counsel Sharon Fast Gustafson, a Trump...
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