Insights

September 27, 2023
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Category: Compliance Reporting and Recordkeeping

SEC Advisory Group Recommends Expanded Human Capital Disclosures

An advisory committee has recommended that the U.S. Securities and Exchange Commission (SEC) expand the amount of information that covered companies must publicly disclose about their human capital. The 2010 Dodd-Frank financial reform law created the committee to make nonbinding recommendations to the SEC on regulatory priorities. It suggested that the SEC require covered employers to disclose information on their...
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September 27, 2023
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Category: Biden Administration

Biden-Era NLRB Continues To Give Federal Labor Law a Pro-Union Tilt

The Biden-appointed Democratic majority on the National Labor Relations Board (NLRB or Board) is continuing to give a pro-union tilt to federal labor law by reversing the Trump-era Board’s management-friendly rulings. With the Senate confirmation of Biden appointee Gwynne A. Wilcox to a second five-year term on September 6, 2023, the NLRB will have a union-friendly majority at least through...
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September 25, 2023
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Category: Discrimination and Harassment

DOJ Sues SpaceX Over Alleged Immigration Violations, SpaceX Sues Back

In a legal spat that is garnering widespread attention, the U.S. Department of Justice (DOJ) and rocket and satellite company SpaceX have sued each other over whether the company’s hiring practices violate U.S. immigration law. On August 23, DOJ filed an administrative lawsuit alleging that the company owned by entrepreneur Elon Musk violated the Immigration and Nationality Act (INA) by refusing...
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September 25, 2023
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Category: Agency Enforcement

EEOC Adopts New Five-Year (2024-2028) “Strategic Enforcement Plan”

The U.S. Equal Employment Opportunity Commission (EEOC or Commission) has released a new five-year Strategic Enforcement Plan (SEP) listing its enforcement priorities for the period 2024–2028. The SEP signals the Commission’s new focus on the potentially discriminatory impact of artificial intelligence (AI) and automated systems in the employment context. The new SEP also significantly broadens the category of vulnerable workers...
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September 20, 2023
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Category: Agency Enforcement

SEC Cease and Desist Order Dings Employer for Trying To Limit Dodd-Frank Bounty Hunter Award

The Securities and Exchange Commission (SEC) has fined privately held energy company Monolith Resources $225,000 for using a severance agreement that allegedly deprived departing employees of the ability to qualify for whistleblower awards under the Dodd-Frank financial reform law. Monolith has agreed to the SEC’s September 8 cease and desist order and has modified its separation agreement to exempt whistleblower...
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September 20, 2023
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Category: DACA/DAPA

Federal Court Rules Once Again That DACA Is Unlawful, But Status Quo Remains

A federal trial court has ruled once again that the Obama-era Deferred Action for Childhood Arrivals (DACA) program is fatally flawed despite the Biden Administration’s efforts to codify it by issuing formal regulations. The solution for the DACA program’s deficiencies “lies with the legislature, not the executive or judicial branches,” the U.S. District Court for the Southern District of Texas...
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September 19, 2023
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Category: Agency Enforcement

EEOC and DOL’s Wage and Hour Division Sign Partnership Pact To Enhance Enforcement Efforts

The Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor’s Wage and Hour Division (WHD) have signed a Memorandum of Understanding (MOU). The agreement details the agencies’ plan to establish a referral system, share information, coordinate investigations, cross-train personnel, and conduct joint outreach events. The EEOC and WHD, which have broad authority over federal employment laws, said the...
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September 19, 2023
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Category: Compensation

State and Local Pay Transparency Law Update: Stay Current With CWC’s Online Resource

Over the past two years, there has been a proliferation of state and local laws that require covered employers to include hourly pay or salary ranges in their job postings. These laws have created compliance challenges, especially for employers with multi-state operations. The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, offers a Pay Transparency Requirements resource, available online in...
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September 18, 2023
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Category: Compliance Reporting and Recordkeeping

EEOC Revamps EEO-1 Filing Process, Filing Season for 2022 Reports Opens on October 31

The filing season for 2022 “Component 1” EEO-1 reports will run from October 31 to December 5, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) has announced. The agency also revealed that there will be significant changes to the filing process as it updates its EEO-1 website. It has revamped the Instruction Booklet and Data File Upload Specifications, with implications for employers that...
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September 13, 2023
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Category: Labor Relations

NLRB Issues Rule To Speed Up Union Representation Election Process

The Biden-appointed majority on the National Labor Relations Board (NLRB or Board) has issued a final rule intended to speed up union representation elections. The rule removes several time-consuming steps put in place by the Trump-era Board and is expected to benefit unions seeking representation by giving employers less time to dissuade workers from forming or joining a union. The new...
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