Insights

May 20, 2022
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Category: Agency Enforcement

California Looking To Bolster Its Pay Data Reporting Requirements

According to the Director and Deputy Director of California’s Department of Fair Employment and Housing (DFEH), the state agency that enforces California’s comprehensive pay data reporting requirements, Governor Gavin Newsom wants to further bolster the program by giving DFEH additional resources to hire new staff to strengthen its pay data enforcement capabilities, including in its Information Technology (IT) Division to...
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May 13, 2022
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Category: Agency Enforcement

OFCCP Financial Settlement Update – May 2022

To help federal contractor keep up with recent enforcement trends out of the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP), for the last several years we have been summarizing, on a periodic basis, major settlements announced by OFCCP that involve financial remedies. And while the pace of settlements clearly accelerated during the last year of the Trump Administration,...
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May 13, 2022
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Category: Discrimination and Harassment

House Approval of Hairstyle Discrimination Bill Underscores Developing Trend

The U.S. House of Representatives recently passed the “Creating a Respectful and Open World for Natural Hair (CROWN) Act” (H.R. 2116), a bill that would prohibit discrimination in employment, public accommodations, and other venues based on an individual’s hairstyle or hair texture that is commonly associated with a person’s race or national origin. And while the CROWN Act, which passed...
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May 13, 2022
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Category: Discrimination and Harassment

Recent Court Ruling Highlights EEOC’s Aggressive Anti-Retaliation Litigation Strategy

Employers may recall that last year we reported that the Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor (DOL), and the National Labor Relations Board (NLRB) announced a new joint initiative to raise awareness about unlawful retaliation and emphasized the three agencies’ commitment to vigorous enforcement. In an action that certainly suggests that the EEOC is following through...
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May 13, 2022
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Category: Immigration

Immigration Update: USCIS Extends Form I-9 Remote Document Review Policy

In March of 2020, the U.S. Citizenship and Immigration Services (USCIS) agency within the U.S. Department of Homeland Security (DHS), in response to the COVID-19 pandemic, began allowing employers with telework policies to remotely review new employees’ identity and employment authorization documentation when completing the Form I-9. Although the remote I-9 verification policy was set to expire on April 30,...
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May 13, 2022
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Category: Affirmative Action and Diversity

Final Filing Deadline for 2021 EEO-1 Reports Now June 21, But Issues Still Remain

The EEOC has announced that it will not accept 2021 EEO-1 report beyond June 21, 2022, a de facto extension of the May 17 filing deadline. In the meantime, there are still some issues that filers may want to consider before certifying their reports. The filing season for the 2021 “Component 1” Employer Information (EEO-1) Reports is nearing its official...
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May 06, 2022
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Category: Labor Relations

Court Rules Biden’s Controversial Firing of Trump NLRB General Counsel Was Legal

The U.S. Court of Appeals for the Fifth Circuit has ruled that President Biden acted within his authority on his first day in office when he fired Peter Robb, the Republican General Counsel (GC) of the National Labor Relations Board (NLRB or Board), even though Mr. Robb had 10 months remaining on his statutorily set term. A unanimous three-judge panel...
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May 06, 2022
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Category: Agency Enforcement

DOJ Undeterred by Recent Court Setbacks on Its Workplace Antitrust Enforcement Strategy

As we reported recently, in the wake of an Executive Order (E.O.) issued by President Biden last year designed to foster competition in the marketplace, it was only a matter of time before federal agencies began adopting antitrust enforcement policies that would impact workplace compliance. And although the U.S. Department of Justice (DOJ) recently lost two jury trials in high...
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May 06, 2022
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Category: State and Local Law

New York City Set To Delay Effective Date of Pay Transparency Law Until November 1

The New York City Council recently enacted an amendment to the city’s pay transparency law, Local Law 32, which was passed in January of this year and requires NYC employers to include the minimum and maximum salary on job postings for positions in the city. Mayor Eric Adams is expected to sign the measure into law. Most importantly for employers...
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April 29, 2022
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Category: Agency Enforcement

OFCCP Urged To Retain Use of Evidentiary Standards in Its Pre-Enforcement Notices

Our affiliated non-profit association, the Center for Workplace Compliance (CWC), has filed written comments with the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) in response to the agency’s formal proposal to revise the 2020 “Enforcement Rule” issued by the Trump Administration that established a framework for identifying, documenting, and communicating discrimination allegations. OFCCP is proposing the changes based...
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