Insights

September 23, 2022
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Category: Government Contracts

OFCCP Extends Deadline for Objecting to FOIA Release of EEO-1 Data Until October 19

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has extended until October 19, 2022, the deadline for federal contractors to file objections under the Freedom of Information Act (FOIA) to the agency’s planned disclosure of thousands of consolidated Employer Information (EEO-1) Reports. The original deadline was September 19, 2022. The “Type 2” EEO-1’s in question cover filing years...
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September 23, 2022
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Category: Agency Enforcement

Highlights From EEOC’s Second “Listening Session” on Developing New Strategic Enforcement Plan

As we reported recently, the Equal Employment Opportunity Commission (EEOC or Commission) has begun the process of developing a new “Strategic Plan” and “Strategic Enforcement Plan” (SEP) that will establish agency priorities for the next several years. As part of that process, the agency has scheduled a series of three so-called listening sessions to invite stakeholder input, the first of...
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September 23, 2022
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Category: Labor Relations

NLRB Makes It Harder To Ban Wearing of Union Insignia in the Workplace

The National Labor Relations Board (NLRB or Board), now under the majority control of Biden appointees and over the strong dissent of its two minority Republican members, has reversed a Trump-era ruling that made it easier for employers to restrict the apparel an employee can wear on the job, including the wearing of items that contain union logos or messaging,...
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September 23, 2022
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Category: Disability, Accommodations, and Leaves

Second Circuit Opines on ADA Duty To Reasonably Accommodate Applicant for Preemployment Test

A recent opinion by the U.S. Court of Appeals for the Second Circuit serves as a useful reminder that an employer has an obligation under federal disability law to consider a reasonable accommodation in order to allow a qualified job applicant to take a preemployment test, including providing an American Sign Language (ASL) interpreter. Although the appeals court ultimately concluded...
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September 16, 2022
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Category: Wage and Hour

Are Supervised FLSA Settlements Required?

Based largely on an interpretation of the law issued by a federal appeals court 40 years ago, the U.S. Department of Labor (DOL) takes the position that to be enforceable, private parties cannot settle claims of alleged violations under the Fair Labor Standards Act (FLSA) absent approval either by the agency or by a federal court. But must an FLSA...
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September 16, 2022
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Category: Veterans

USERRA Complaints Filed With DOL Declined Once Again in FY 2021

The U.S. Department of Labor’s Veterans’ Employment and Training Service (DOL-VETS) has released enforcement statistics for fiscal year (FY) 2021 detailing the number of complaints filed with the agency by military service members under the Uniformed Services Employment and Reemployment Rights Act (USERRA). USERRA is the federal law that protects the employment and reemployment rights of employees who have been...
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September 16, 2022
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Category: Agency Enforcement

OFCCP Financial Settlement Update – September 2022

We are pleased to present our latest update on major financial settlements that have been announced by the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) since our last update in May. Notably, with less than a month remaining in fiscal year 2022 (FY 2022), the number of announced settlements is far below the number recorded during each of...
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September 16, 2022
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Category: Labor Relations

As Expected, NLRB Proposes Return to Controversial Browning-Ferris Joint Employer Standard

Over the dissent of the agency’s two Republican members, and as expected, the Democrat majority on the National Labor Relations Board (NLRB or Board) has published a proposed rule that would scrap the Trump-era standard for determining whether two employers are acting jointly for purposes of triggering obligations and responsibilities under the National Labor Relations Act (NLRA). In its stead,...
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September 16, 2022
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Category: Labor Relations

DOL Proposes Amending Form “LM-10” To Require Employers To ID Contractor Status

The Department of Labor’s (DOL) Office of Labor-Management Standards (OLMS) has published a formal proposal that would require companies that are subject to filing mandatory disclosure reports regarding certain expenditures they incur during a labor dispute to indicate whether they are federal contractors. The Labor-Management Reporting and Disclosure Act (LMRDA) of 1959, sometimes referred to as the Landrum-Griffin Act, was...
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September 09, 2022
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Category: Disability, Accommodations, and Leaves

Sixth Circuit Provides Guidance on ADA’s Rarely Invoked “Interference” Clause

In a case of first impression, the U.S. Court of Appeals for the Sixth Circuit held recently that a provision in the American with Disabilities Act (ADA) that makes it unlawful “to coerce, intimidate, threaten, or interfere with any individual” who is exercising his or her rights under the law does not give rise to claims against a third party....
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