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CWC’s Updated Primer on OFCCP’s “Single Entity” Jurisdictional Test

21-202 | 13 Oct 2021
MEMBER FEEDBACK REQUESTED. Our latest memo on OFCCP jurisdictional issues looks at the agency’s use of a five-factor “single entity” test in determining whether a particular entity is subject to OFCCP requirements.

Government Issues New Guidance on Use of Vaccine Incentives Under Wellness Plans

21-201 | 13 Oct 2021
The three federal agencies that administer the complex rules regarding corporate wellness programs have issued new guidance concerning how employers are permitted to use incentives to encourage employee COVID-19 vaccinations.

CWC’s Seventh Annual Talent Acquisition Compliance Summit (TACS 2021) Highlights

21-200 | 12 Oct 2021
CWC hosted its seventh annual Talent Acquisition Compliance Summit last week, an annual CWC event that has proven to be very popular with our members. Our memo summarizes the highlights, which in turn underscore the substantive content of the two-day summit.

Little-Noticed Provision in Bipartisan Infrastructure Bill Rekindles “Blacklisting” Debate

21-199 | 11 Oct 2021
The major “infrastructure” legislation that is awaiting final Congressional approval contains a provision that would condition the awarding of federal funds based on a company’s “demonstrated record of and plans to be in compliance with Federal labor and employment laws.”

Texas Files Suit Challenging EEOC’s New “SOGI” Discrimination Guidance

21-198 | 11 Oct 2021
The state of Texas has filed a lawsuit in federal court challenging the EEOC’s new guidance on sexual orientation and gender identity discrimination on grounds that it is procedurally defective and exceeds the agency’s authority.

CWC Comments Urge FCC To Drop Plans To Revive Outdated Workforce Reporting Form

21-197 | 07 Oct 2021
The Federal Communications Commission is considering restoring an outdated workplace demographics reporting form similar to the EEO-1 that entities covered by the agency would have to file annually. In response to a request for public input, CWC has filed comments with the FCC urging it to drop plans to reinstate the duplicative form and instead work with the EEOC on assessing industry trends.

New Democrat-Majority NLRB Poised To Revisit Whether Offensive Speech Is NLRA-Protected

21-196 | 07 Oct 2021
A new standard adopted by the National Labor Relations Board last year that protects an employer’s right to discipline employees for offensive speech is in jeopardy as a new, more union-friendly NLRB revisits it.
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