Insights

June 03, 2022
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Category: Agency Enforcement

Court Rules Challenge by Texas to EEOC’s SOGI Discrimination Guidance Can Go Forward

The State of Texas has cleared its first legal hurdle in a lawsuit filed by the state in federal court challenging guidance issued last year by the Equal Employment Opportunity Commission (EEOC) regarding discrimination based on sexual orientation and gender identity (SOGI). The ruling by a federal district court in Texas clears the way for the court to begin considering...
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June 03, 2022
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Category: Agency Enforcement

EEOC Holds Public Meeting on Discrimination in the Construction Industry

The U.S. Equal Employment Opportunity Commission (EEOC or Commission) recently held a virtual public hearing to examine what the agency characterizes as the “severe and pervasive” discrimination and harassment against women and racial and ethnic minorities that has occurred in the U.S. construction industry. The hearing comes in the wake of the enactment last year of massive federal infrastructure legislation,...
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May 27, 2022
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Category: Agency Enforcement

OFCCP Posts New “CSAL” List Targeting 400 Establishments for Compliance Audits

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has posted online a new list – formally known as the Corporate Scheduling Announcement List (CSAL) – targeting 400 federal contractor establishments for an upcoming compliance evaluation. The new FY 2022 CSAL identifies the type of review for which each entity on the list has been flagged, broken down as...
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May 27, 2022
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Category: Agency Enforcement

OFCCP Introduces AAP-VI Bulk Upload Option for Multi-Establishment Contractors

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has announced an option for federal contractors and subcontractors with 100 or more establishments (or functions) to upload or modify establishment information into the agency’s Affirmative Action Program Verification Interface (AAP-VI) Contractor Portal. As we reported previously, all supply and service contractors subject to OFCCP’s jurisdiction must certify by June...
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May 27, 2022
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Category: Arbitration and Dispute Resolution

Supreme Court Issues Another Important Arbitration Ruling in Morgan v. Sundance

A unanimous decision issued by the U.S. Supreme Court this week in the case of Morgan v. Sundance, Inc., No. 21-328 (U.S. May 23, 2022), the latest in a series of important arbitration rulings handed down by the High Court in recent years, creates even further incentive for an employer to act promptly when it seeks to compel arbitration. The...
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May 27, 2022
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Category: Wage and Hour

House Committee Approves Massive Pro-Worker Overhaul of Fair Labor Standards Act

The Democrat majority on the U.S. House of Representatives Committee on Education and Labor recently approved a massive rewrite of the federal Fair Labor Standards Act (FLSA), the federal law that sets wage and hour requirements. Among other things, the bill (H.R. 7701) would put the federal government in charge of enforcing private wage agreements, add burdensome new employer disclosure...
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May 27, 2022
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Category: Labor Relations

Ruling by Fourth Circuit in Sinai Hospital Highlights NLRA’s Broad Worker Coverage

The U.S. Court of Appeals for the Fourth Circuit recently ruled that a group of janitorial workers were “employees” under the National Labor Relations Act (NLRA or Act) and could therefore unionize despite their participation in a government-sponsored program designed to assist individuals with disabilities facing barriers to employment. In so ruling, the appeals court agreed with the National Labor...
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May 20, 2022
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Category: Agency Enforcement

EEOC Issues Guidance on How Use of AI Can Impact ADA Compliance

The Equal Employment Opportunity Commission (EEOC or Commission) has issued new technical assistance guidance on how the use of artificial intelligence (AI) and algorithmic decision-making tools could impact compliance with the Americans with Disabilities Act (ADA). The new guidance is the latest manifestation of an effort by the EEOC that began in earnest last year to address the intersection of...
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May 20, 2022
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Category: Agency Enforcement

OFCCP Key Personnel Update

In the sixteen months that have transpired since President Biden appointed Jenny Yang as the Director of the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP), there have been several key personnel changes, some of which we’ve previously brought to your attention. Given the major policy developments at the agency that have occurred within the last few months, we...
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May 20, 2022
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Category: State and Local Law

Interstate: May 2022 Update

We are pleased to present the latest edition of our “Interstate” memo series, an ongoing service we provide on a regular basis when state and local legislatures are active to help employers stay on top of important new state and local workplace compliance developments. This edition covers notable developments we are aware of that have occurred since our last update...
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