Insights

May 30, 2023
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Category: Disability, Accommodations, and Leaves

DOL Makes Available New Version of Its FMLA Rights Poster

The Labor Department recently published a new version of the poster that informs employees of their rights under the Family and Medical Leave Act. The updated poster, which can be downloaded from DOL’s website, contains a QR code that links to a DOL webpage containing information on filing a complaint. Although employers are free to use the new poster, they...
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May 30, 2023
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Category: Discrimination and Harassment

New EEOC Guidance Addresses Potential Adverse Impact of AI in Employee Selection Procedures

The Equal Employment Opportunity Commission (EEOC) has issued guidance reminding employers that artificial intelligence (AI) tools are subject to the same rules as other employment selection devices when determining whether there is adverse impact against a protected group. Members of the Center for Workplace Compliance (CWC) can read more here.
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May 30, 2023
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Category: Agency Enforcement

Ruling by Eleventh Circuit in EEOC v. Eberspaecher Limits Scope of Agency Subpoena

The Equal Employment Opportunity Commission (EEOC or Commission) has broad authority under the statutes it enforces to investigate alleged violations, including the right to demand relevant information. While the federal courts are inclined to defer to the EEOC’s often broad information requests, this does not always happen, as EEOC v. Eberspaecher North America illustrates. In Eberspaecher, a split three-judge panel of...
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May 25, 2023
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Category: Talent Acquisition and Management

CWC Comments to FTC Urge Withdrawal of Controversial Non-Compete Proposal

Our affiliated non-profit association, the Center for Workplace Compliance (CWC) filed written comments with the Federal Trade Commission (FTC) urging the agency to withdraw its proposed rule that, if implemented, effectively would ban non-compete agreements between most employers and their employees. Because the agency appears committed to moving forward, however, we also recommended ways to narrow the ban’s scope, such...
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May 24, 2023
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Category: Affirmative Action and Diversity

Center for Workplace Compliance Files Comments Urging OMB To Reject OFCCP’s Revised Scheduling Letter

Our affiliated non-profit association, the Center for Workplace Compliance (CWC) has filed comments with the White House Office of Management and Budget (OMB) urging OMB to reject burdensome changes that the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has proposed to its compliance audit scheduling letter and accompanying itemized listing. OFCCP’s revised scheduling letter would require covered federal...
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May 23, 2023
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Category: Affirmative Action and Diversity

Conservative Public Interest Group Is Challenging Employers’ DEI Policies

Over the last few months, a conservative non-profit legal foundation has filed several complaints with the Equal Employment Opportunity Commission (EEOC) asking for issuance of Commissioner charges and investigations of alleged unlawful discrimination committed by large private sector employers based on their diversity statements and policies. The allegations serve as a reminder that employer diversity, equity, and inclusion (DEI) policies...
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May 23, 2023
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Category: Disability, Accommodations, and Leaves

EEOC Updates COVID-19 Guidance as Public Health Emergency Expires

With the official expiration of the COVID-19 public health emergency on May 11, the Equal Employment Opportunity Commission (EEOC) has published revisions to its COVID-19 technical assistance guidance for employers, the first such revisions since July 2022. The EEOC’s original COVID-19 guidance, in the form of a set of Frequently Asked Questions (FAQs) posted on the EEOC’s website, was designed...
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May 22, 2023
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Category: Discrimination and Harassment

OFCCP Seeks Approval To Use New Pre-Complaint Inquiry Form

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has asked the White House Office of Management and Budget (OMB) for approval to use a new pre-complaint inquiry form (CC-390) that  individuals would have to submit before filing a formal discrimination complaint (CC-4). OFCCP also is seeking OMB approval to continue using the CC-4 with minor technical changes....
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May 22, 2023
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Category: Agency Enforcement

DOL Issues Guidance on “PUMP Act” Protections for Nursing Mothers

The Department of Labor (DOL) recently published guidance that interprets the provisions of the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), which Congress passed late last year. While the expanded protections do not require employers to pay for break time for expressing milk, the guidance provides several examples where break time would be compensable. The guidance also...
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May 17, 2023
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Category: COVID-19

DHS Confirms Remote I-9 Review Option To End on July 31

The temporary policy adopted during the COVID-19 pandemic that allows employers to conduct electronic I-9 verifications of employee identification and work authorization documents for remote new hires will end July 31, the U.S. Department of Homeland Security (DHS) has announced. Employers will have until August 30 to inspect in person any documents that were presented remotely. The agency has provided guidance advising...
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