All Publications and Memoranda

Memo
23-226
Thursday, November 30, 2023

Apple and the U.S. Department of Justice recently entered into a record $25 million settlement to resolve allegations that the company discriminated against U.S. citizens by favoring foreign workers for open jobs. The settlement comes at a time when


Memo
23-225
Wednesday, November 29, 2023

Several CWC members were among the recipients of this year’s HIRE Vets Medallion Award, given by the Labor Department to companies that demonstrate exemplary efforts to recruit, employ, and retain veterans and provide community and charitable service


Memo
23-223
Tuesday, November 28, 2023

The National Labor Relations Board has postponed the effective date of its controversial new joint employment liability rule until February as it awaits rulings in two lawsuits that have been filed challenging the rule.


Memo
23-224
Tuesday, November 28, 2023

In a last minute deal to avoid a government shutdown, Congress set aside its partisan differences and agreed to temporarily keep the lights on at current funding levels for most agencies until February 2 of next year.


Memo
23-222
Tuesday, November 28, 2023

At the request of the U.S. Department of Justice, CWC has filed a written “declaration” with a federal district court in support of the Labor Department’s objection to releasing EEO-1 data that federal contractors claim fall within the exceptions to


Memo
23-221
Thursday, November 16, 2023

MEMBER FEEDBACK REQUESTED. Effective November 1, 2023, OFCCP has revised its discrimination complaint filing process to include a new Pre-Complaint Inquiry Form designed to assist the agency in weeding out non-meritorious allegations and evaluate whe


Memo
23-220
Wednesday, November 15, 2023

Just four years after the Labor Department revised its regulations to make many more white collar workers eligible for overtime pay, DOL is proposing to do so again. CWC’s comments on the proposal question its need, as well as whether it exceeds DOL’


Memo
23-219
Wednesday, November 15, 2023

The number of so-called unfair labor practice charges filed with the National Labor Relations Board by workers and their union representatives has increased by 30% over the last two years. A worker-friendly NLRB is likely one of the reasons.


Memo
23-218
Tuesday, November 14, 2023

The U.S. Senate has narrowly approved President Biden’s nomination of current EEOC Chair Charlotte Burrows to serve another five-year term on the Equal Employment Opportunity Commission, putting Democrats in control of the EEOC until at least 2026.


Memo
23-217
Monday, November 13, 2023

President Biden’s new Executive Order on Artificial Intelligence contains instructions to cabinet-level agencies, including the Labor Department, to develop policies that are designed to manage the risks of AI while recognizing its potential.


Memo
23-216
Thursday, November 9, 2023

MEMBER FEEDBACK REQUESTED. The EEOC’s changes to the EEO-1 filing procedures this year have generated a lot of questions from filers, and in response the agency has issued extensive online guidance (including an astonishing 93 pages of FAQs!). Becaus


Memo
23-215
Tuesday, November 7, 2023

As we predicted a few weeks ago, OFCCP has announced a large batch of financial settlements agreed to with federal contractors in conjunction with the closing of the agency’s 2023 fiscal year ending on September 30, 2023.


Memo
23-214
Tuesday, November 7, 2023

Our comments to the EEOC on its proposed new guidance on unlawful workplace harassment commend the agency for its effort to reflect changes in law and policy that have occurred in recent years, but also express concerns about proposed policy interpre


Memo
23-213
Monday, November 6, 2023

As expected, the Biden-appointed majority on the National Labor Relations Board has signed off on a new rule that will increase the likelihood that two separate employers can be found jointly liable for violations of the National Labor Relations Act.


Memo
23-211
Wednesday, November 1, 2023

MEMBER FEEDBACK REQUESTED. The U.S. Citizenship and Immigration Services agency has issued a proposed rule to revise the H-1B “specialty occupation” visa program in an effort to improve the program’s efficiency, provide more flexibility for both peti


Memo
23-212
Wednesday, November 1, 2023

Sometime within the near future OFCCP is expected to roll out a major proposal to “modernize” its AAP regulations. Our recent conference delved into what CWC members can expect, and offered guidance on how to prepare.


Memo
23-210
Wednesday, November 1, 2023

MEMBER FEEDBACK REQUESTED. CWC is pleased to announce a new online training resource designed to help our members understand the requirements of the recently enacted Pregnant Workers Fairness Act.


Memo
23-209
Tuesday, October 31, 2023

The Supreme Court’s landmark race-based college admissions ruling in Harvard/UNC implicated “Title VI” of the 1964 Civil Rights Act. So, what is Title VI, who does it cover, and what is its relationship to the more familiar Title VII? CWC’s primer ex


Memo
23-208
Monday, October 30, 2023

In developments of note regarding the status of President Biden’s nominations to serve in key workplace enforcement agency positions, the U.S. Senate has confirmed Jessica Looman as the Labor Department’s new Wage and Hour Administrator while a Senat


Memo
23-207
Thursday, October 26, 2023

CWC is pleased to provide our members with a side-by-side analysis of OFCCP’s burdensome new Scheduling Letter and Itemized Listing as compared to the outgoing versions. Federal contractors that are flagged for an audit under the new letter should be


Memo
23-206
Thursday, October 26, 2023

MEMBER FEEDBACK REQUESTED. Our Interstate Special Edition summarizes cutting edge employment bills passed by the California legislature in 2023, both those signed into law and those vetoed by California Governor Gavin Newsom.


Memo
23-205
Wednesday, October 25, 2023

CWC is pleased to present an updated version of our primer on workplace harassment prevention and risk mitigation strategies.


Memo
23-204
Monday, October 23, 2023

A recent equal pay discrimination ruling by the Second Circuit U.S. Court of Appeals serves as a reminder that a court can reach different outcomes depending on whether it is applying federal law or a more expansive state law.


Memo
23-203
Thursday, October 19, 2023

Nearly a year and a half after President Biden originally nominated her for the position, the U.S. Senate has confirmed plaintiffs’ lawyer Karla Gilbride to serve as the new General Counsel to the Equal Employment Opportunity Commission.


Memo
23-202
Wednesday, October 18, 2023

Highlighting a long time split among the federal appeals courts as to whether the ADA allows a former employee to bring a discrimination claim, the Eleventh Circuit has ruled once again that the answer is no.


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