All Publications and Memoranda

Memo
24-116
Thursday, July 11, 2024

A federal district court in Texas has temporarily enjoined the Federal Trade Commission’s new rule banning most noncompete agreements from going into effect until the court rules on the merits of a legal challenge brought by the U.S. Chamber of Comme


Memo
24-115
Wednesday, July 10, 2024

In a significant ruling, the Supreme Court has held that the lower federal courts should no longer give deference to agency interpretations of vague or unclear statutory language.


Memo
24-113
Tuesday, July 9, 2024

MEMBER FEEDBACK REQUESTED. Our latest update of new state and local compliance requirements summarizes laws enacted since our last update in May.


Memo
24-114
Tuesday, July 9, 2024

OFCCP has announced 16 formal settlements of enforcement actions against federal contractors during the first three quarters of the fiscal year. Our memo provides details.


Memo
24-111
Tuesday, July 2, 2024

The new minimum weekly salary of $844 for a white-collar employee to qualify for exemption from federal overtime coverage has taken effect except for employees of the state of Texas, based on a federal court’s preliminary injunction.


Memo
24-112
Tuesday, July 2, 2024

The Justice Department has entered into a settlement agreement worth more than half a million dollars with a staffing agency that allegedly violated the Immigration and Nationality Act by using job postings that discouraged applications from non-U.S.


Memo
24-110
Monday, July 1, 2024

MEMBER FEEDBACK REQUESTED. OFCCP has asked OMB for approval to use a more detailed scheduling letter and itemized listing for compliance reviews of construction contractors. While the agency rejected our recommendations, its response provides some in


Memo
24-109
Thursday, June 27, 2024

We have updated a template that CWC members can use when drafting good faith outreach letters as they try to find diverse candidates for their open jobs.


Memo
24-108
Thursday, June 27, 2024

Illinois is contacting employers that have an Equal Pay Registration Certificate (EPRC) to remind them that they must apply for a recertification every two years. However, the state’s reminders included the wrong date for the employee-level data that


Memo
24-107
Wednesday, June 26, 2024

As the July 1 certification deadline approaches, technical issues have once again frustrated OFCCP’s Contractor Portal certification process.


Memo
24-106
Monday, June 24, 2024

Federal district courts have reached different conclusions in assessing challenges to controversial parts of the EEOC’s regulations implementing the Pregnant Workers Fairness Act. Our memo explains.


Memo
24-105
Wednesday, June 19, 2024

The Supreme Court has settled a federal circuit court split in a way that will make it less likely that employers will have to reinstate fired workers while the NLRB reviews unfair labor practice charges.


Memo
24-104
Tuesday, June 18, 2024

Our comments to the Office of Management and Budget argue that OFCCP’s Contractor Portal remains overly burdensome to federal contractors, and that changes should be made before it is extended for another three years


Memo
24-103
Monday, June 17, 2024

In what could be a precedent for other federal whistleblower protection laws, Congress has added substantial monetary penalties as a remedy for whistleblower retaliation related to aviation safety violations.


Memo
24-102
Monday, June 17, 2024

MEMBER FEEDBACK REQUESTED. CWC is pleased to announce the launch of a new online resource designed to keep our members apprised of new state and local laws that regulate the use of artificial intelligence tools for employment purposes.


Memo
24-100
Wednesday, June 12, 2024

The ruling by a divided federal appeals court signals another potential setback for corporate programs designed to advance DEI initiatives.


Memo
24-101
Wednesday, June 12, 2024

The White House Office of Management and Budget has given approval to the Labor Department to continue using the current version of the mandatory VETS-4212 report through the 2026 filing season.


Memo
24-099
Wednesday, June 12, 2024

OFCCP’s latest Corporate Scheduling Announcement List (CSAL) puts some 500 federal contractor establishments on notice that they’ve been flagged for an upcoming compliance audit.


Memo
24-098
Tuesday, June 11, 2024

In a decision involving a discrimination claim by a federal employee, the EEOC has taken the position that an employer violates Title VII by maintaining a health plan that excludes coverage for gender-affirming treatment.


Memo
24-097
Thursday, June 6, 2024

The state of Colorado has enacted a comprehensive new law regulating the workplace use of artificial intelligence, the most expansive effort to regulate AI use for employment purposes that we’ve seen so far.


Memo
24-096
Wednesday, June 5, 2024

A recent lawsuit filed by the Labor Department against an auto manufacturer and its supplier and the supplier’s staffing company suggests a return to the controversial “fissured workplace” theory, putting employers on notice that the agency is closel


Memo
24-094
Monday, June 3, 2024

The Department of Labor has published a guidance document containing eight “principles” that developers and employers are encouraged to follow regarding the use of AI in the employment context.


Memo
24-095
Monday, June 3, 2024

The Republican Attorneys General in a number of states, led by Tennessee, have filed lawsuits claiming among other things that the structure of the Equal Employment Opportunity Commission is unconstitutional.


Memo
24-093
Thursday, May 30, 2024

President Biden has submitted two nominations for seats on the five-member National Labor Relations Board, one a Democrat and the other a Republican. If the nominees are confirmed by the U.S. Senate before it adjourns for the year, pro-union Democrat


Memo
24-092
Wednesday, May 29, 2024

In a heads up to all entities that are required to file annual EEO-1 reports, the Equal Employment Opportunity Commission has sued 15 employers for failure to comply.


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