All Publications and Memoranda

Memo
22-180
Wednesday, September 21, 2022

OFCCP has extended until October 19 the deadline for federal contractors to object to the agency’s release of their “Type 2” EEO-1 reports covering years 2016-2020. Our memo offers guidance as to how an objection might be crafted.


Memo
22-179
Wednesday, September 21, 2022

A bill that would expand California’s pay reporting requirements to include additional data as well as require covered employers to include salary information in job postings awaits the Governor’s expected signature.


Memo
22-178
Tuesday, September 20, 2022

The second of three public “listening sessions” scheduled by the EEOC to solicit input on developing a new road map for the next several years featured witnesses testifying on “Identifying Vulnerable Workers and Reaching Underserved Communities.” Our


Memo
22-176
Monday, September 19, 2022

A recent ruling by a federal appeals court serves as a reminder that an employer has a duty under the Americans with Disabilities Act to consider reasonably accommodating a qualified individual for purposes of taking a preemployment test.


Memo
22-177
Monday, September 19, 2022

This recent ruling by the National Labor Relations Board reiterates a long-standing Supreme Court precedent that requires an employer to show “special circumstances” when justifying a policy that bans an employee from wearing a union insignia on the


Memo
22-175
Thursday, September 15, 2022

MEMBER FEEDBACK REQUESTED. The Labor Department’s Office of Labor-Management Standards has published a proposal that would require an employer covered by obligations to disclose certain expenditures related to union organizing activity to indicate wh


Memo
22-174
Wednesday, September 14, 2022

MEMBER FEEDBACK REQUESTED. The National Labor Relations Board, now operating with a Democrat majority, has (as anticipated) published a proposed rule that would increase the likelihood of a finding that two employers are considered to be a “joint emp


Memo
22-172
Tuesday, September 13, 2022

The number of complaints filed with the Labor Department by service members alleging discrimination under the Uniformed Services Employment and Reemployment Rights Act declined again in FY 2021, continuing a ten-year trend.


Memo
22-173
Tuesday, September 13, 2022

Our latest update of OFCCP financial settlements summarizes seven new settlements posted by the agency since our last update in May.


Memo
22-171
Monday, September 12, 2022

For 40 years, the Labor Department has insisted that to be enforceable, a settlement of Fair Labor Standards Act claims must be supervised by the agency or approved by a federal court. Two recent federal court rulings state that there is nothing in t


Memo
22-170
Friday, September 9, 2022

The Securities and Exchange Commission has finalized changes to its “bounty hunter” regulations that arguably will allow corporate whistleblowers to claim even larger bounty awards.


Memo
22-169
Thursday, September 8, 2022

As with the FMLA and the NLRA, the ADA contains a so-called interference clause in addition to its anti-retaliation provision. Given the dearth of case law interpreting the clause, a recent ruling by the Sixth Circuit Court of Appeals provides some h


Memo
22-168
Wednesday, September 7, 2022

MEMBER FEEDBACK REQUESTED. Our latest roundup of notable state and local workplace compliance developments summarizes actions that have been taken since our last update in July, including two new California bills with significant compliance implicati


Memo
22-163
Tuesday, September 6, 2022

A case that raises the important issue of reconciling the potential conflict between an employer’s EEO obligations and an employee’s labor law rights comes down on the side of labor law rights, at least in this instance, according to a split three-ju


Memo
22-167
Tuesday, September 6, 2022

OFCCP has officially launched its new online Notification of Construction Contract Award Portal as the preferred, albeit optional, way for covered federal construction contractors to meet their obligation to notify the agency of certain subcontract a


Memo
22-166
Wednesday, August 31, 2022

The Biden Administration has issued a final rule codifying the Obama-era Deferred Action for Childhood Arrivals program into regulation, but it still remains unclear as to whether the program will ultimately survive legal challenges.


Memo
22-165
Wednesday, August 31, 2022

A federal appeals court has narrowed a nationwide injunction that prevented the Biden Administration from enforcing its controversial federal contractor COVID-19 vaccine mandate. That said, there are no signs that the administration intends to move f


Memo
22-164
Tuesday, August 30, 2022

MEMBER FEEDBACK REQUESTED: The EEOC has begun the process of developing a new “Strategic Plan” and “Strategic Enforcement Plan” that will establish agency priorities for the next several years. CWC intends to weigh in with comments, and would like to


Memo
22-161
Monday, August 29, 2022

Given the ongoing interest among our members regarding the collection of non-binary gender data, we’ve assembled the most common FAQs we receive on the topic into a memo that summarizes where the issue stands today.


Memo
22-162
Monday, August 29, 2022

The ruling by the federal appeals court offers guidance on the burden of proof scheme adopted by the U.S. Supreme Court in its landmark Young v. UPS decision interpreting the Pregnancy Discrimination Act.


Memo
22-159
Wednesday, August 24, 2022

OFCCP recently received an unprecedented FOIA request for all EEO-1 Type 2 reports held by the agency for filing years 2016 through 2020. OFCCP is giving affected federal contractors until September 19 to file objections, or will otherwise disclose t


Memo
22-160
Wednesday, August 24, 2022

A decision by the 2nd Circuit Court of Appeals finding that a plaintiff alleging unlawful retaliation under the Sarbanes-Oxley Act must show that his or her employer acted with discriminatory intent is at odds with rulings by two other federal appeal


Memo
22-158
Tuesday, August 23, 2022

WEB WORKSHOP SCHEDULED. OFCCP has issued a revised “compensation analysis” directive clarifying that agency compliance officers will not demand an analysis prepared under an applicable legal privilege as OFCCP claimed it had the right to do under the


Memo
22-157
Tuesday, August 23, 2022

In a case of first impression, the Fourth Circuit Court of Appeals has ruled that “gender dysphoria” is a covered disability under the ADA, distinguishing the condition from otherwise excluded “gender identity disorders.”


Memo
22-156
Monday, August 22, 2022

MEMBER FEEDBACK REQUESTED. The U.S. Citizenship and Immigration Services agency has proposed a rule that will allow USCIS to continue a temporary policy of allowing remote I-9 verifications. CWC will be filing comments on the proposal, and we encoura


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