Insights

August 29, 2023
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Category: Agency Enforcement

EEOC Approves New Five-Year Strategic Plan

The Equal Employment Opportunity Commission (EEOC or Commission) has adopted a new five-year Strategic Plan for fiscal years (FY) 2022-2026. The plan is nearly identical to the draft plan that the agency published for public comment last November. Now that the Strategic Plan is finalized, the EEOC is likely to soon finalize its five-year Strategic Enforcement Plan (SEP). The SEP...
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August 28, 2023
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Category: Agency Enforcement

OMB Approves OFCCP’s Burdensome New Scheduling Letter

The White House Office of Management and Budget (OMB) has approved major changes to the Scheduling Letter used by the Office of Federal Contract Compliance Programs (OFCCP) to schedule federal contractors for routine compliance audits. The new version of the letter, which will be valid through August 31, 2026, will substantially increase a contractor’s burden of providing data to the...
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August 23, 2023
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Category: Wage and Hour

DOL Finalizes Wage Regulations Benefiting Union Construction Contractors

The Department of Labor (DOL) has finalized significant revisions to its regulations implementing the Davis-Bacon Act (DBA) for the first time in 40 years. The revisions are likely to make it much easier for unionized construction firms to obtain contract awards by significantly increasing the use of union wage rates in setting prevailing wages on federal construction projects. The revised regulations...
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August 22, 2023
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Category: Immigration

Fourth Circuit Rejects Intentional Discrimination Claim by DACA Beneficiary

In DeLeon Resendiz v. Exxon Mobil Corp., the U.S. Court of Appeals for the Fourth Circuit recently rejected a claim brought under 42 U.S.C. § 1981 by a beneficiary of the Deferred Action for Childhood Arrivals (DACA) program. The Fourth Circuit held that Exxon Mobil did not intentionally discriminate against him by withdrawing its internship offer because he lacked the permanent...
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August 22, 2023
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Category: Immigration

Canada Launches New Program To Attract U.S. H-1B Visa Holders

A new program through which highly skilled foreign workers with U.S. H-1B visas can live and work in Canada based on their U.S. visa status was flooded with so many applications that it filled its quota in one day. The program’s wild popularity underscores the problems with the current U.S. H-1B visa program, both for employers and H-1B visa beneficiaries....
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August 10, 2023
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Category: Labor Relations

NLRB Scuttles “Boeing” Standard, Adopts Test More Likely To Find Work Rules Violate the NLRA

The National Labor Relations Board (NLRB or Board) has crafted a new standard that will make it more difficult for an employer to apply an otherwise neutral workplace conduct rule without violating federal labor law. Stericycle Inc., 372 NLRB No. 113 (August 2, 2023), adopted a “reasonable tendency to chill” test, under which a challenged workplace rule or policy is...
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August 09, 2023
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Category: COVID-19

Latest ATUS Shows Post-COVID Drop in Percentage of Persons Working from Home

The government’s latest annual American Time Use Survey (ATUS), covering calendar year 2022, shows an unsurprising drop in the percentage of U.S. workers working at home since the peak of the COVID-19 pandemic, although at-home work is still much more common than it was pre-COVID. The survey, conducted by the Department of Labor’s Bureau of Labor Statistics (BLS), indicates that...
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August 08, 2023
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Category: ADA

EEOC Issues Updated Guidance on Visual Disabilities in The Workplace

The U.S. Equal Employment Opportunity Commission (EEOC) has issued new guidance on visual impairments in the workplace, entitled Visual Disabilities in the Workplace and the Americans with Disabilities Act. The guidance discusses the impact of new technologies and highlights new methods for providing reasonable accommodations. It also discusses mitigation of the potential disadvantages to visually impaired individuals that can result from...
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August 07, 2023
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Category: Reporting

VETS-4212 Filing Season Opens, Filing Deadline for Submitting Reports Is September 30, 2023

The Labor Department’s Veterans’ Employment and Training Service (VETS) has announced the opening of the 2023 filing season for the annual VETS-4212 report that covered federal contractors must file. Completed reports are due September 30. The VETS-4212 provides a workforce snapshot by protected veteran status, as well as the contractor’s number of protected veteran new hires for the preceding 12-month...
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August 07, 2023
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Category: EEOC

FY 2024 Agency Funding Update: Big Gap in Amounts Approved by House and Senate Committees

House and Senate Appropriations Committees have made significant progress toward funding the federal government through fiscal year (FY) 2024, although the two committees are considering very different proposed funding levels for workforce enforcement agencies. A lot of work remains to be done before Congress hashes out the final numbers for FY 2024, but at this point it appears that agencies such...
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