Insights

April 11, 2023
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Category: Immigration

USCIS Completes FY 2024 H-1B Visa Lottery

U.S. Citizenship and Immigration Services (USCIS) has notified employers who were selected during its recent annual H-1B visa lottery that they can now file H-1B visa petitions for the upcoming fiscal year. Selected petitioners were able to begin the H-1B petition process starting April 1 and must file within the period indicated on their registration selection notice, which should be at...
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April 05, 2023
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Category: Disability, Accommodations, and Leaves

Biden DOL Issues First FMLA Opinion Letter

The Biden Administration’s Department of Labor (DOL) has issued its first opinion letter under the Family and Medical Leave Act (FMLA), taking the position that an employee with a chronic health condition is permitted to use reduced schedule FMLA leave to limit the individual’s workday to eight hours a day—at least until leave eligibility is exhausted—and thus not be required...
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April 03, 2023
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Category: OFCCP

OFCCP Director Jenny Yang Moves to White House; Michele Hodge Named Acting Director

Jenny Yang, who served as Director of the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) since the first day of the Biden Administration, has joined the Biden White House as Deputy Assistant to the President for Racial Justice and Equity. OFCCP Deputy Director Michele Hodge will serve as Acting OFCCP Director pending the appointment of a new permanent...
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April 03, 2023
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Category: Affirmative Action and Diversity

OFCCP Resets Annual Vets Hiring Benchmark at 5.4%

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has updated its annual Vets Hiring Benchmark to 5.4%, down from 5.5% in 2022. The annual benchmark, essentially the national percentage of veterans in the civilian labor force, is the measure that most federal contractors use as their protected veterans hiring benchmark for complying with OFCCP’s affirmative action regulations under...
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April 03, 2023
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Category: OFCCP

Republican Lawmakers Call Out Biden Administration’s Labor Advisor Program

Two influential Republican legislators have called out the Biden Administration’s labor advisor program for its resemblance to the controversial but never implemented blacklisting rule from the Obama era. The lawmakers—Rep. Virginia Foxx (R-NC), chairwoman of the House Education and the Workforce Committee; and Sen. Bill Cassidy (R-LA), the top Republican on the Senate Health, Education, Labor and Pensions (HELP) Committee—jointly...
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December 16, 2022
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Category: Agency Enforcement

Comments to NLRB Oppose Agency’s One-Sided Joint Employment Proposal

Our affiliated non-profit association, the Center for Workplace Compliance (CWC), has submitted written comments to the National Labor Relations Board (NLRB or Board) expressing strong opposition to the agency’s proposed rule for determining whether two employers are acting jointly for purposes of triggering obligations and responsibilities under the National Labor Relations Act (NLRA). If adopted as proposed, the rule would...
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December 16, 2022
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Category: Discrimination and Harassment

Congress Approves Respect for Marriage Act To Codify Same-Sex Marriage Recognition

As expected, the U.S. Congress has approved and sent to President Biden for his signature a bill that establishes a federal definition of marriage as being between two individuals (including same-sex partners) as valid in the state in which it was entered into. The measure would also require a valid marriage between two people recognized in one state to be...
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December 16, 2022
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Category: Agency Enforcement

California Privacy Act Covers Employers Beginning 1/1/2023; Still Awaiting Regulatory Guidance

For employers that operate in California, the exemption from coverage under the state’s sweeping California privacy law is about to expire, and as of January 1, 2023, any employer with at least $25 million in gross annual revenue will be required to comply. The 2018 California Consumer Privacy Act (CCPA), as amended by the 2020 California Privacy Rights Act (CPRA),...
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December 16, 2022
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Category: Agency Enforcement

EEOC Urged To Focus on Quality Investigations as Part of Agency’s New Strategic Plan

Our affiliated non-profit association, the Center for Workplace Compliance (CWC), has submitted written comments with the U.S. Equal Employment Opportunity Commission (EEOC or Commission) in response to the agency’s request for public input on its draft “Strategic Plan” for fiscal years (FY) 2022-2026. The Strategic Plan is designed to be a high-level blueprint of the EEOC’s priority enforcement and operational...
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December 09, 2022
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Category: Agency Enforcement

OFCCP Giving Contractors Until 1/2/2023 To Confirm Objections To EEO-1 Data Release

As we reported previously, the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) announced a few months ago that it had received a Freedom of Information Act (FOIA) request seeking thousands of federal contractors’ and subcontractors’ consolidated EEO-1 Reports filed during calendar years 2016 – 2020, and that it planned to release the requested information unless a written objection...
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