All Publications and Memoranda

Memo
23-193
Tuesday, October 3, 2023

CWC recently held its ninth annual Talent Acquisition Compliance Summit in Charlotte, NC, featuring more than 10 hours of substantive presentations, facilitated discussions, and small-group sessions. Our memo provides the highlights.


Memo
23-191
Monday, October 2, 2023

Public comments made recently by a senior official at the Equal Employment Opportunity Commission that the PWFA’s coverage is not limited to women have prompted questions from our members to explain how. Our memo delves into the issue.


Memo
23-192
Monday, October 2, 2023

Our latest roundup of financial settlements of enforcement actions posted by OFCCP includes 12 new conciliation agreements that have been agreed to since our last update in January.


Memo
23-190
Wednesday, September 27, 2023

The Biden-appointed majority on the National Labor Relations Board is continuing to reshape federal labor law with a pro-union tilt by reversing more management-friendly rulings that were issued by the Trump-era Board.


Memo
23-189
Wednesday, September 27, 2023

An advisory group created by law to make recommendations to the U.S. Securities and Exchange Commission has recommended that the agency expand the amount of information covered companies must disclose publicly regarding their human capital.


Memo
23-187
Monday, September 25, 2023

In an action that some critics claim is politically motivated, the Department of Justice has sued Elon Musk-owned company SpaceX for alleged immigration law violations. SpaceX in turn has counter-sued DOJ, defending its practices and arguing that the


Memo
23-188
Monday, September 25, 2023

The Equal Employment Opportunity Commission has adopted a new five-year plan listing its enforcement priorities over the next five years, including a new focus on the potentially discriminatory impact of AI in the employment context.


Memo
23-186
Wednesday, September 20, 2023

Despite efforts by the Biden Administration to overcome legal deficiencies in the DACA program by issuing formal regulations, a federal trial court has ruled once again that the program is fatally flawed, putting DACA’s ultimate fate in jeopardy unle


Memo
23-185
Wednesday, September 20, 2023

The Securities and Exchange Commission has fined a company $225,000 for using a separation agreement that the agency alleges deprived departing employees of being able to exercise their “bounty hunter” rights under the Dodd-Frank financial reform law


Memo
23-183
Tuesday, September 19, 2023

Two agencies with broad authority over federal employment laws have signed a Memorandum of Understanding designed to further enhance their enforcement efforts.


Memo
23-184
Tuesday, September 19, 2023

MEMBER FEEDBACK REQUESTED. Since Colorado passed its pay transparency law in 2021 requiring employers to include salary information in their job postings, several other state and local jurisdictions have followed suit. To help our members stay on top


Memo
23-182
Monday, September 18, 2023

MEMBERS ONLY WEB WORKSHOP with EEOC REPS on OCTOBER 5. The EEOC announced recently that the filing season for 2022 “Component 1” EEO-1 reports will open on October 31, and for filers that use the popular “Data File Upload” option, significant changes


Memo
23-181
Wednesday, September 13, 2023

The Biden-appointed majority on the National Labor Relations Board has issued a final rule intended to speed up union representation elections. The rule undoes procedures put in place by the Trump-era Board in 2019 and is expected to work to the bene


Memo
23-180
Tuesday, September 12, 2023

MEMBER FEEDBACK REQUESTED. Following OFCCP’s recent adoption of a burdensome new Scheduling Letter and Itemized Listing, the agency has now put some 1,000 federal contractor establishments on notice to get ready for a compliance audit.


Memo
23-179
Tuesday, September 12, 2023

MEMBER FEEDBACK REQUESTED. The Occupational Safety and Health Administration is proposing to reinstate a policy that was found unlawful during the Obama Administration that would allow labor union officials to accompany an OSHA inspector during a wor


Memo
23-177
Monday, September 11, 2023

A new law enacted by Congress late last year entitled the “No TikTok on Government Devices Act” has compliance implications for federal contractors. Our memo explains.


Memo
23-178
Monday, September 11, 2023

Joining two other federal circuit courts, the Fourth Circuit has ruled that retaliation claims brought under the Americans with Disabilities Act are limited to “equitable” relief only.


Memo
23-176
Wednesday, September 6, 2023

The Supreme Court of California has ruled that a third party vendor performing screening services on behalf of an employer can be sued directly for discrimination under the state’s Fair Employment and Housing Act.


Memo
23-175
Wednesday, September 6, 2023

OFCCP has filed a formal enforcement action against DISH Network, alleging that it has failed to respond to OFCCP scheduling letters since 2018, even though the agency suspended enforcement over a period of 24 months for lack of jurisdiction.


Memo
23-174
Wednesday, September 6, 2023

MEMBER FEEDBACK REQUESTED. In conjunction with the recent release of a new I-9 form and implementation of a new remote verification option, CWC has updated our popular Form I-9 Process Outline.


Memo
23-172
Tuesday, September 5, 2023

MEMBER FEEDBACK REQUESTED. The Biden Administration’s Department of Labor has published its long-expected proposal to amend the “white collar” regulations under the Fair Labor Standards Act in order to extend overtime eligibility to numerous salaried


Memo
23-173
Tuesday, September 5, 2023

MEMBER FEEDBACK REQUESTED. The U.S. Department of Justice has proposed comprehensive revisions to its regulations under the public sector provisions of the Americans with Disabilities Act pertaining to web accessibility for individuals with disabilit


Memo
23-171
Wednesday, August 30, 2023

As we anticipated, opponents of affirmative action are following up their successful Supreme Court challenge of the admissions policies of Harvard and UNC by beginning to sue private sector entities, alleging unlawful race-based discriminatory employ


Memo
23-169
Tuesday, August 29, 2023

The appeals court has ruled that a plaintiff does not need to show an “ultimate employment decision” such as discharge or failure to promote to bring a valid Title VII discrimination claim, putting the spotlight on a different case...


Memo
23-170
Tuesday, August 29, 2023

The Equal Employment Opportunity Commission has adopted a new five-year Strategic Plan, which is likely to be followed soon by the agency’s new five-year Strategic Enforcement Plan. Importantly, the new SEP will contain details on the new Democratic


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