All Publications and Memoranda

Memo
23-023
Monday, January 30, 2023

The Illinois Department of Labor has issued final regulations implementing 2021 amendments to the state’s equal pay law that require covered employers to submit employee pay information to the state in conjunction with applying for a mandatory “equal


Memo
23-022
Monday, January 30, 2023

The U.S. Supreme Court has been poised for some time to take up a case that will allow it to reconsider the “de minimis” standard for showing undue hardship in denying a religious accommodation under Title VII. The Court recently found its case, and


Memo
23-021
Thursday, January 26, 2023

Employment-related lawsuits filed in federal court dropped for the fourth straight year in FY 2022, with declines especially notable in ADA- and FMLA-related filings.


Memo
23-020
Wednesday, January 25, 2023

OFCCP has posted a new Corporate Scheduling Announcement List identifying 500 federal contractor establishments that it intends to audit in the near future. Unlike the essentially random methodology employed in generating previous CSALs, OFCCP is exp


Memo
23-019
Wednesday, January 25, 2023

CWC has filed written comments with OFCCP asking the agency to relax its rigid requirement that federal contractors must use the agency’s prescribed disability self-ID Form CC-305 despite ample evidence that the form is not effective in encouraging i


Memo
23-018
Tuesday, January 24, 2023

But for a handful of new initiatives, the biggest change in the Biden Administration’s latest semi-annual regulatory agenda from its predecessor is a push back in estimated completion dates for items previously listed.


Memo
23-016
Monday, January 23, 2023

MEMBER FEEDBACK REQUESTED. The EEOC has published its proposed Strategic Enforcement Plan for 2023 – 2027. The document, which sets out what are expected to be the agency’s enforcement priorities, adds the use of artificial intelligence and mandatory


Memo
23-017
Monday, January 23, 2023

MEMBER FEEDBACK REQUESTED. In a continuing sign that the Biden Administration believes a company’s labor law compliance should be taken into account in awarding federal contracts, it has instructed the major federal contracting agencies to designate


Memo
23-011
Wednesday, January 18, 2023

A new law approved by the last Congress shortly before it adjourned expands the 2010 “Break Time for Nursing Mothers Act” to cover executives, managers, and professionals who were previously exempt from the law’s protection.


Memo
23-014
Wednesday, January 18, 2023

CWC has filed written comments with the Equal Employment Opportunity Commission in support of the agency’s announced intent to get approval from the White House Office of Management and Budget to continue using a slightly revised version of the EEO-1


Memo
23-012
Wednesday, January 18, 2023

CWC is pleased to advise our members that we have updated our EEO-1 headcount benchmarking tables with the 2020 EEO-1 data, the latest available from the EEOC.


Memo
23-015
Wednesday, January 18, 2023

Six months after the state legislature passed the bill, New York Governor Kathy Hochul has finally signed into law a measure that, starting this fall, will require covered state employers to include salary information in job postings.


Memo
23-013
Wednesday, January 18, 2023

MEMBER FEEDBACK REQUESTED. The Federal Trade Commission has issued a controversial proposed rule that if adopted would ban almost all non-compete agreements. Our memo provides details.


Memo
23-009
Wednesday, January 11, 2023

Another federal appeals court has concluded that President Biden exceeded his authority in issuing a September 2021 Executive Order that required employees working on covered government contracts to be vaccinated against COVID-19. That Order was neve


Memo
23-010
Wednesday, January 11, 2023

MEMBER FEEDBACK REQUESTED. U.S. Citizenship and Immigration Services, the federal agency that administers the country’s legal immigration system, is proposing to increase fees on visa applications, including employment-based visas. In one example, fe


Memo
23-008
Wednesday, January 11, 2023

Contained within the massive government spending bill recently approved by Congress is a new law that expands protection for pregnant workers. Our memo analyzes the new law, which goes into effect at the end of June.


Memo
23-007
Monday, January 9, 2023

The six new conciliation agreements with financial terms posted by OFCCP since the beginning of the agency’s 2023 fiscal year represent a notable increase over the same period last year.


Memo
23-006
Monday, January 9, 2023

MEMBER FEEDBACK WELCOME. CWC’s end-of-year member roundtable featured both a review of the association’s 2022 accomplishments as well as a preview of things to expect in 2023.


Memo
23-005
Thursday, January 5, 2023

Washington state’s Human Rights Commission has filed a formal complaint against a major airline alleging that the company’s dress code policy discriminates against a nonbinary flight attendant. Although this appears to be a case of first impression,


Memo
23-002
Wednesday, January 4, 2023

According to final Fiscal Year 2022 enforcement numbers available from the Department of Labor, there was a drop of more than 25% in audits completed by OFCCP and a more than 50% decrease in audits scheduled by the agency as compared to the previous


Memo
23-003
Wednesday, January 4, 2023

Three enforcement settlements announced recently by the Department of Justice confirm that the agency is prepared to go after employers that violate the anti-discrimination provisions of the Immigration Reform and Control Act during the I-9 process.


Memo
23-001
Tuesday, January 3, 2023

In what has become a predictable scenario whenever there is a change in presidential administrations, the National Labor Relations Board is actively reversing decisions made by the NLRB during the previous administration. In the present case, the tre


Memo
22-238
Tuesday, December 20, 2022

As we predicted, the final version of the “must-pass” National Defense Authorization Act approved by Congress earlier this month stripped out most of the labor union wish list provisions that the House of Representatives loaded into its version of th


Memo
22-237
Tuesday, December 20, 2022

As a reminder to covered CWC members, the states of California, Washington, and Rhode Island all have new salary disclosure requirements going into effect on January 1, 2023.


Memo
22-235
Monday, December 19, 2022

MEMBER FEEDBACK REQUESTED. Our recent members-only roundtable featured a robust discussion of proposed changes that OFCCP wants to make to its compliance evaluation Scheduling Letter and Itemized Listing, with participants expressing concern regardin


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