All Publications and Memoranda

Memo
22-120
Tuesday, June 28, 2022

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


Memo
22-121
Tuesday, June 28, 2022

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


Memo
22-119
Tuesday, June 21, 2022

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


Memo
22-118
Tuesday, June 21, 2022

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


Memo
22-117
Monday, June 20, 2022

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.


Memo
22-116
Thursday, June 16, 2022

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.


Memo
22-115
Wednesday, June 15, 2022

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.


Memo
22-113
Tuesday, June 14, 2022

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


Memo
22-114
Tuesday, June 14, 2022

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


Memo
22-112
Monday, June 13, 2022

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


Memo
22-111
Wednesday, June 8, 2022

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.


Memo
22-110
Tuesday, June 7, 2022

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.


Memo
22-109
Tuesday, June 7, 2022

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.


Memo
22-108
Tuesday, June 7, 2022

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


Memo
22-107
Monday, June 6, 2022

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.


Memo
22-106
Thursday, June 2, 2022

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


Memo
22-105
Thursday, June 2, 2022

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


Memo
22-104
Wednesday, June 1, 2022

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


Memo
22-103
Wednesday, June 1, 2022

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.


Memo
22-102
Tuesday, May 31, 2022

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.


Memo
22-101
Thursday, May 26, 2022

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.


Memo
22-099
Wednesday, May 25, 2022

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.


Memo
22-100
Wednesday, May 25, 2022

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


Memo
22-097
Monday, May 23, 2022

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.


Memo
22-098
Monday, May 23, 2022

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.


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