Insights

December 02, 2022
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Category: Agency Enforcement

Biden-Era NLRB Continues Reshaping Federal Labor Law To Favor Union Organizing

As we have reported previously, President Biden has publicly expressed his desire to be known as the “most pro-union president” ever. Indeed, since the President took office, his administration has taken a number of high profile actions within the limits of its authority to shape federal labor law in a way that favors organized labor. These developments are especially significant...
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December 02, 2022
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Category: Discrimination and Harassment

Congress Clears “Speak Out Act” Banning Certain Pre-Dispute NDAs for President’s Signature

As we predicted, the lame-duck Congress has given final approval to the so-called “Speak Out Act” (S. 4524), federal legislation that would bar enforcement of pre-dispute nondisclosure and nondisparagement agreements related to sexual assault or sexual harassment. President Biden is expected to sign the measure into law when it reaches his desk. The Speak Out Act will be the second...
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December 02, 2022
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Category: Agency Enforcement

OFCCP Proposing To Tweak Its Prescribed Disability Self-ID “Form CC-305”

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has announced that it intends to make some changes to its mandated and highly prescriptive disability self-identification form (Form CC-305) as part of a routine request to the White House Office of Management and Budget (OMB) to continue using the form for another three years. While the proposed changes are...
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December 02, 2022
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Category: Agency Enforcement

OFCCP Once Again Proposing Major Changes to Its Compliance Audit Scheduling Letter

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) is once again proposing extensive changes to the letter used to schedule federal contractors for compliance evaluations under the laws OFCCP enforces. If ultimately approved by the White House Office of Management and Budget (OMB), the revised scheduling letter will require contractors to submit additional data to the agency in...
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December 02, 2022
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Category: Agency Enforcement

OFCCP Proposing To Tweak Its Prescribed Disability Self-ID “Form CC-305”

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has announced that it intends to make some changes to its mandated and highly prescriptive disability self-identification form (Form CC-305) as part of a routine request to the White House Office of Management and Budget (OMB) to continue using the form for another three years. While the proposed changes are...
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November 23, 2022
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Category: Agency Enforcement

EEOC Commissioner Janet Dhillon Resigns, Ending Republican Majority

Equal Employment Opportunity Commission (EEOC or Commission) Commissioner and former Chair Janet Dhillon, one of the three Republican Commissioners on the five-member Commission, resigned her seat effective November 18, 2022. As a result, Republicans no longer compose a majority on the Commission, a tactical advantage they had enjoyed since September 2020. From a practical standpoint, Ms. Dhillon’s tenure on the...
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November 23, 2022
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Category: Agency Enforcement

NLRB Reports Big Increase in Unfair Labor Practice Charges in FY 2022

According to enforcement data for fiscal year 2022 (October 1, 2021 – September 30, 2022) released recently by the National Labor Relations Board (NLRB or Board), there was an increase of nearly 20% in the number of unfair labor practice (ULP) charges filed with the agency compared to the previous year. This jump reverses a five-year trend where ULP charges...
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November 18, 2022
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Category: Compliance Tools

Updated Guide to OFCCP Notice Posting Requirements

Now that the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has announced that covered federal contractors must begin posting the new “Know Your Rights” poster recently issued by the Equal Employment Opportunity Commission (EEOC) in lieu of the familiar “EEO is the Law” poster, we thought it would be helpful to provide employers with an updated guide to...
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November 18, 2022
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Category: Agency Enforcement

New GAO Report Details Inconsistencies in EEOC Charge Intake Processing, Other Areas

The Government Accountability Office (GAO), the research and investigatory arm of the U.S. Congress, has released a new report looking at the U.S. Equal Employment Opportunity Commission’s (EEOC or Commission) charge intake and processing operations. And while the report ostensibly focuses on inconsistencies in the intake process, it also points out wide variations in the average time it takes the...
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November 18, 2022
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Category: Affirmative Action and Diversity

EEOC To Seek Extension of EEO-1 Component 1 Data Collection With Minor Revisions

The U.S. Equal Employment Opportunity Commission (EEOC) has announced that it intends to seek approval of the Employer Information (EEO-1) “Component 1” Report and associated recordkeeping obligations, including some minor changes to the EEO-1, for the next three reporting years (2022 through 2024), as required under the Paperwork Reduction Act (PRA). Please note that in seeking approval for a three-year...
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