In a case of first impression, the Fifth Circuit has ruled that the COVID-19 pandemic is not a “natural disaster” within the meaning of the federal WARN Act that exempts an employer from having to provide employees with advance notice of a covered pl
The influential federal appeals court has overturned its own precedent by ruling that an employee who claimed she was denied a job transfer based on her sex in violation of Title VII does not also have to show that the denial resulted in “objectively
MEMBER FEEDBACK REQUESTED. The Consumer Financial Protection Bureau, the powerful independent federal agency created by the 2010 Dodd-Frank financial reform law, is asking for public input on the topic of “employer-driven debt,” presumably with the i
The Labor Department’s Administrative Review Board has reversed a ruling by an agency administrative law judge that found in favor of OFCCP, concluding that the ALJ used the wrong legal analyses when he held that a federal contractor committed hiring
A bill approved recently by the NY State legislature will require state employers with four or more employees to post salary information in job postings, including advertisements for a new hire, promotion, or transfer opportunity.
As the June 30 deadline for federal contractors to certify with OFCCP’s new AAP-VI approaches, many CWC members have questions about what it means to have “developed and maintained” their AAPs. Our memo and attached checklist provide guidance.
The court’s ruling serves as a reminder that simply discouraging an employee from using FMLA leave can be enough to support an unlawful interference claim.
According to two new independent survey studies published by the EEOC, one involving mediation program participants and the other involving EEOC mediators, the agency’s switch to virtual mediation is in many cases now viewed by both as preferable to
The Government Accountability Office, the research arm of the U.S. Congress, has issued a report concluding that OFCCP needs to do more to assist federal contractors in meeting their compliance obligations under the Vietnam Era Veterans’ Readjustment
A recent ruling by the Third Circuit Court of Appeals serves as a useful reminder that the National Labor Relations Board has the power to prosecute a case based on an allegation made by a third party who has no connection to the employer’s employees
MEMBER FEEDBACK REQUESTED. OFCCP is seeking approval from the White House Office of Management and Budget to extend the Functional Affirmative Action Program option for another three years, a move that CWC supports.
The High Court’s ruling earlier this week in the case of Southwest Airlines v. Saxon provides guidance on the scope of the Federal Arbitration Act’s transportation worker exemption, although not in the way that either party would have preferred.
CWC’s written comments to the U.S. Citizenship and Immigration Services agency support its proposed changes to the Form I-9 that we believe will streamline the I-9 process as well as lessen paperwork burdens for employers.
A ruling by the Third Circuit finding that the Postal Service did not discriminate by failing to provide a religious accommodation to an employee who refused to work on Sundays could serve as the vehicle for the Supreme Court to revisit Title VII’s r
The White House announced that President Biden intends to nominate plaintiffs’ lawyer and employment arbitration opponent Karla Gilbride to be the EEOC’s new General Counsel, a position that has been vacant for the last 15 months.
In the wake of the omnibus infrastructure legislation approved by Congress in late 2021, and the prospects of increased construction industry employment, the EEOC turned its attention recently to airing opinions on how discrimination and harassment a
In a new FAQ posted to its AAP-VI portal late last week, OFCCP has reversed course and is now saying that contractor establishments with fewer than 50 employees must be included if the contractor maintains an AAP for that site, even though not requir
A federal trial court in Texas has ruled that a legal challenge by that state to expanded guidance on sexual orientation/gender identity guidance issued by the EEOC last year can proceed, rejecting the Administration’s various arguments that the laws
Sometime in the next few months, OFCCP is expected to publish a formal proposal to modernize its “60-2” AAP regulations. Our memo proves a preview of some of the things it is likely to include.
Our most recent member roundtable featured a lively discussion among participants and CWC’s staff experts on the practical implications of OFCCP Director Jenny Yang’s new enforcement directive.
As the June 30 deadline for data submissions under OFCCP’s new AAP-VI process approaches, the agency has rolled out a new bulk upload option that federal contractors with 100 or more establishments may find beneficial.
The High Court’s ruling this week increases the incentive for an employer to seek to compel arbitration sooner rather than later when a lawsuit gets filed.
A House of Representatives committee has approved a bill that would rewrite the FLSA to significantly expand the law’s disclosure and enforcement provisions. As our memo explains, however, the bill seems more intended as a political statement rather
OFCCP has posted a new Corporate Scheduling Announcement List that flags some 400 federal contractor establishments for an upcoming compliance evaluation. Industries that increased hiring during the pandemic are prioritized for audits.
This recent appeals court ruling illustrates both the expansive reach of the National Labor Relations Act as well as the considerable discretion given to the National Labor Relations Board to interpret the NLRA’s coverage.
No content found
© 2021 by Center for Workplace Compliance. This resource is intended for the exclusive use of CWC’s members. Any sharing, copying,
exchanging, repurposing, reproduction, or assignment of CWC’s resources or other copyrighted materials to any party outside of a CWC
member organization in good standing without the express written consent of CWC is strictly prohibited. If you have questions about your
membership status or becoming a CWC member, please contact us at email@example.com or 202-629-5655.