We’re pleased to present highlights from CWC’s recently held virtual 2023 Workplace Equity Policy Conference.
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
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
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
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.
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
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
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
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
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
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
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.
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.
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
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.
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.
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
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
Our latest update of state and local workplace compliance requirements covers new developments that have occurred since our last update in December 2022.
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.
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.
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
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
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
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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