Insights

April 29, 2022
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Category: Agency Enforcement

Comments Filed With OFCCP Supporting Extension of FAAP Process

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 support of the agency’s announced intent to seek formal approval from the White House Office of Management and Budget (OMB) to extend its Functional Affirmative Action Program (FAAP) application and approval process for several...
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April 29, 2022
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Category: Wage and Hour

Senate Rejects Nomination of David Weil as Repeat Wage and Hour Administrator

In a political blow to the Biden Administration, the U.S. Senate voted recently against proceeding with a confirmation vote on the President’s nomination of Professor David Weil to serve as the Labor Department’s Wage and Hour Administrator. The die was cast when three Senate Democrats joined every Senate Republican in blocking the nomination from going forward. As a result, the...
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April 29, 2022
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Category: Labor Relations

NLRB’s Top Lawyer Gives Further Insight Into Her Agenda To Overhaul U.S. Labor Law

National Labor Relations Board (NLRB or Board) General Counsel (GC) Jennifer Abruzzo recently provided additional insight with respect to her efforts to change U.S. labor law precedent to better fit her vision of a more union-friendly workplace environment. Ms. Abruzzo, a former union attorney, has made clear since the Senate confirmed her nomination by President Biden to serve as the...
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April 29, 2022
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Category: Policies and Practices

House Votes Once Again To Decriminalize Marijuana

The U.S. House of Representatives, on pretty much a party-line vote, has once again approved a bill that would decriminalize marijuana under federal law, establish a process to expunge convictions for marijuana-related offenses, and impose a federal tax on marijuana products sold at the state level, among other things. The so-called Marijuana Opportunity Reinvestment and Expungement (MORE) Act was passed...
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April 22, 2022
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Category: Compliance Tools

EEOC Officially Opens 2021 EEO-1 Filing Season, Reports Due May 17

The Equal Employment Opportunity Commission (EEOC) has officially opened the filing season for 2021 “Component 1” Employer Information (EEO-1) Reports, effective April 12, 2022. Completed reports must be filed by May 17, 2022. Upon logging into EEOC’s Filing System, returning users will be prompted to reset their password. Unlike past years, returning users will not need a special “Passcode” or...
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April 22, 2022
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Category: Affirmative Action and Diversity

OFCCP Resets Vets Hiring Benchmark at 5.5%, Down From Last Year’s 5.6%

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has updated its national percentage of veterans in the civilian labor force, an annual measure that most federal contractors use as their “protected veterans hiring benchmark.” The vets annual percentage is used by the agency to evaluate the progress a federal contractor is making in meeting its affirmative action...
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April 22, 2022
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Category: Agency Enforcement

Illinois Publishes FAQs on State’s New Pay Data Reporting Requirements

The Illinois Department of Labor (IDOL) has published a set of Frequently Asked Questions (FAQs) on the state’s new pay data reporting requirements (SB 1480) that were enacted last year. The FAQs are intended to provide additional compliance guidance to employers on issues regarding pay reporting brought to IDOL’s attention by interested parties in anticipation of the upcoming May 24,...
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April 22, 2022
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Category: Agency Enforcement

OSHA Proposes To Reinstate Electronic Injury and Illness Data Reporting

The Department of Labor’s (DOL’s) Occupational Safety and Health Administration (OSHA) has published a proposed rule to revive and expand broad electronic reporting requirements for certain workplace injury and illness data, a rule that had been largely rescinded by the Trump Administration’s DOL before it went into effect. If implemented as proposed, the rule would require employers in covered industries...
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April 22, 2022
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Category: Policies and Practices

U.S. and EU Announce Agreement on New Framework To Facilitate Cross-Border Data Transfers

In an important development for U.S. companies that operate within the nations of the European Union (EU), U.S. and EU negotiators have reached an agreement in principle on a new framework to govern cross-border data transfers that the two sides hope will facilitate compliance with the EU’s strict privacy laws. As explained in more detail below, it likely will be...
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April 15, 2022
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Category: Agency Enforcement

Biden Nominates Plaintiffs’ Lawyer Kalpana Kotagal to the EEOC

President Biden has nominated plaintiffs’ lawyer Kalpana Kotagal to a seat on the Equal Employment Opportunity Commission (EEOC or Commission) to replace current Commissioner and Trump appointee Janet Dhillon when Dhillon’s term ends on July 1, 2022. If confirmed by the U.S. Senate, Ms. Kotagal will give Democrats a majority on the EEOC for the first time since the Biden...
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