All Publications and Memoranda

Memo
23-060
Wednesday, March 22, 2023

We’re pleased to present highlights from CWC’s recently held virtual 2023 Workplace Equity Policy Conference.


Memo
23-058
Wednesday, March 22, 2023

MEMBER FEEDBACK REQUESTED. The issuance of so-called Commissioner charges by the individual EEOC Commissioners took a big jump last year, with no clear indication as to why. Our memo explains what a Commissioner charge is, and its implications for an


Memo
23-061
Wednesday, March 22, 2023

The Labor Department’s Office of Federal Contract Compliance Programs has announced that covered federal contractors will be able to begin certifying compliance via the agency’s AAP Verification Interface beginning on March 31, 2023. OFCCP has yet to


Memo
23-059
Wednesday, March 22, 2023

The influential D.C. Circuit Court of Appeals has rejected an attempt by a group of states arguing that the Equal Rights Amendment to the U.S. Constitution first proposed back in 1972 has been ratified. The ruling thus further constrains the already


Memo
23-057
Tuesday, March 21, 2023

An employee who fails to timely report allegations of sexual harassment as required by an employer’s policy does not engage in Title VII protected activity, according to the Seventh Circuit Court of Appeals.


Memo
23-056
Thursday, March 16, 2023

The President’s opening bid in a process that will ultimately determine federal government funding levels for fiscal year 2024, which begins on October 1, contains huge proposed increases for agencies such as OFCCP, the Wage and Hour Division, and th


Memo
23-055
Wednesday, March 15, 2023

The “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA)” was enacted a year ago by Congress to prohibit employers from enforcing pre-dispute agreements to arbitrate sexual harassment claims. The first rulings interpreting th


Memo
23-054
Tuesday, March 14, 2023

MEMBER FEEDBACK REQUESTED. CWC is pleased to present an updated version of our California Pay Data Reporting Guide to assist members required to file for the upcoming 2023 reporting cycle. Our guide reflects 2022 amendments to the reporting requireme


Memo
23-053
Monday, March 13, 2023

In conjunction with the 30th anniversary of the federal Family and Medical Leave Act, we are sharing a copy of CWC’s popular FMLA Compliance Outline, a comprehensive resource designed to assist our members in understanding the FMLA’s basic requiremen


Memo
23-052
Monday, March 13, 2023

President Biden will nominate current Deputy Secretary of Labor Julie Su to be the next Secretary, replacing Marty Walsh, who has departed to take a position with the NHLPA. Ms. Su is expected to put a greater emphasis on implementing DOL’s regulator


Memo
23-050
Wednesday, March 8, 2023

The four federal agencies with statutory authority over federal whistleblower protection/bounty hunter laws report that activity increased in fiscal year 2022 as compared to the previous year, with two of those agencies receiving a record number of t


Memo
23-051
Wednesday, March 8, 2023

As expected, OFCCP has formally rescinded Trump-era regulations that broadened the religious exemption under Executive Order 11246. This action should have little direct impact on CWC members, however.


Memo
23-049
Tuesday, March 7, 2023

The Ninth Circuit Court of Appeals has ruled that a 2019 law enacted by the state of California that makes it a criminal offense for an employer to require an employee or a job applicant to consent to arbitration is preempted by the FAA.


Memo
23-048
Monday, March 6, 2023

MEMBER FEEDBACK REQUESTED. The Labor Department’s Occupational Safety and Health Administration has issued an Interim Final Rule spelling out the procedures under which it handles whistleblower retaliation complaints filed under the Criminal Antitrus


Memo
23-047
Monday, March 6, 2023

CWC is pleased to present an updated version of our popular federal poster requirements checklist, incorporating changes that have occurred since our last update in 2020.


Memo
23-046
Wednesday, March 1, 2023

President Biden has issued a new Executive Order calling on Executive Branch agencies to make an even greater effort in overcoming barriers that stand in the way of assisting underserved communities.


Memo
23-045
Tuesday, February 28, 2023

Despite the fact that a worker made more than $200,000 a year, the Supreme Court has ruled that he was entitled to overtime pay because his employer could not show that it complied with the Labor Department’s so-called “salary basis” test under the F


Memo
23-044
Tuesday, February 28, 2023

The U.S. Securities and Exchange Commission, an agency not normally associated with workplace enforcement, recently announced that it had secured a $35 million enforcement settlement with a publicly traded company for failing to disclose certain pers


Memo
23-043
Monday, February 27, 2023

Our latest update of state and local workplace compliance requirements covers new developments that have occurred since our last update in December 2022.


Memo
23-042
Monday, February 27, 2023

Two recent rulings by the Illinois Supreme Court interpreting the state’s controversial Biometric Information Privacy Act raise the stakes for covered Illinois employers that use biometric information.


Memo
23-041
Friday, February 24, 2023

The Labor Department reports that the number of administrative complaints it closed in fiscal year 2022 alleging overtime and minimum wage violations under the Fair Labor Standards Act declined for the 10th straight year.


Memo
23-040
Wednesday, February 22, 2023

The EEOC has updated its nearly 10-year-old guidance on hearing disabilities in the workplace to take into account recent technological advances as well as to put a greater emphasis on an employer’s reasonable accommodation obligations with respect t


Memo
23-039
Wednesday, February 22, 2023

A federal trial court in Arizona has rejected a challenge brought by five states questioning the legality of a Biden Executive Order that raised the minimum wage payable on certain federal contracts to $15 an hour, finding the President acted within


Memo
23-037
Tuesday, February 21, 2023

The Equal Employment Opportunity Commission’s recent public hearing on the discriminatory impacts of artificial intelligence in the employment context demonstrated both the EEOC’s increasing attention to and greater sophistication with the issue. The


Memo
23-038
Tuesday, February 21, 2023

The U.S. Citizenship and Immigration Services agency announced recently that employers that want to file H-1B visa petitions on behalf of foreign worker beneficiaries for the FY 2024 visa allotment can begin registering for the visa lottery on March


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