All Publications and Memoranda

Memo
24-150
Monday, September 9, 2024

In light of recent data showing increasing drug use among full-time employees, we’ve updated our primer on the 1988 Drug-Free Workplace Act.


Memo
24-148
Thursday, September 5, 2024

Item 21 on the Itemized Listing that accompanies OFCCP’s Scheduling Letter has generated confusion regarding how to respond. Our memo offers some guidance.


Memo
24-149
Thursday, September 5, 2024

A bill sponsored by Republican Vice-Presidential candidate J.D. Vance has drawn attention from some of our members. CWC’s memo explains the bill’s potential impact if enacted.


Memo
24-147
Wednesday, September 4, 2024

The Department of Labor and the National Labor Relations Board have jointly signed a Memorandum of Understanding with the government’s antitrust enforcement agencies committing to share information that could help in alleged anticompetitive merger in


Memo
24-146
Thursday, August 29, 2024

The federal appeals court has thrown out the Biden Administration’s 2021 rule governing how tipped employees should be paid, finding that the rule is contrary to the statutory language of the Fair Labor Standards Act.


Memo
24-145
Wednesday, August 28, 2024

MEMBER FEEDBACK REQUESTED. Our latest update of state and local workplace compliance requirements covers developments that have occurred since our last update in July.


Memo
24-144
Wednesday, August 28, 2024

The appeals court found that an employee claiming religious discrimination under Title VII could not connect his actions to his beliefs.


Memo
24-143
Tuesday, August 27, 2024

CWC has filed written comments with the U.S. Department of Agriculture in support of the agency’s decision to drop controversial blacklisting provisions from the proposed overhaul of its procurement regulations.


Memo
24-142
Thursday, August 22, 2024

A federal district court located in Texas has issued an order overturning the rule issued earlier this year by the Federal Trade Commission that bans the use of most non-compete agreements. As a result, the rule will not go into effect on September 4


Memo
24-141
Tuesday, August 20, 2024

The latest annual national drug and alcohol use survey, covering calendar year 2023, shows that among U.S. workers illicit drug use was up while alcohol use was down, as compared to 2022.


Memo
24-140
Tuesday, August 20, 2024

Massachusetts has become the latest state to require covered employers to post salary ranges in their job listings.


Memo
24-139
Monday, August 19, 2024

U.S. Citizenship and Immigration Services has conducted a second H-1B visa registration lottery in order to generate enough petitions to fill this year’s quota. Employers selected should have received notice of their selection from USCIS.


Memo
24-138
Thursday, August 15, 2024

Our comments to the White House Office of Management and Budget argue that it should not give permission to OFCCP to reinstate a burdensome form that OFCCP discontinued decades ago because it was marginally useful and put a strain on agency resources


Memo
24-137
Tuesday, August 13, 2024

The U.S. Department of Justice has rolled out a new pilot program designed to make cash bounties available to corporate whistleblowers not otherwise eligible for cash awards under existing federal whistleblower laws.


Memo
24-135
Monday, August 12, 2024

Under pressure to sidetrack an initiative to repeal the law, California legislators have amended the state’s controversial Private Attorneys General Act in an attempt to mitigate some of its more egregious abuses.


Memo
24-136
Monday, August 12, 2024

The U.S. Citizenship and Immigration Services agency has issued an updated version of the Form I-9 with a new expiration date. That is the only change to the current version of the I-9.


Memo
24-134
Monday, August 12, 2024

Since the beginning of July, there have been several important developments involving the National Labor Relations Board. Our memo provides a summary.


Memo
24-133
Thursday, August 8, 2024

The Labor Department’s Veterans’ Employment and Training Service (DOL-VETS) has opened the annual filing system for the mandatory VETS-4212 Report. The submission deadline is September 30. Our memo provides the details.


Memo
24-132
Tuesday, August 6, 2024

CWC is pleased to provide our members with an updated template to assist in meeting their employment service delivery system (ESDS) notice obligations required under OFCCP regulations.


Memo
24-130
Tuesday, August 6, 2024

As Congress moves forward with setting funding levels for the federal government in FY 2025, it is looking increasingly likely that workforce enforcement agencies such as OFCCP and the EEOC will end up being funded at current FY 2024 levels.


Memo
24-131
Tuesday, August 6, 2024

MEMBER FEEDBACK REQUESTED. The interagency entity that coordinates federal government procurement policy wants to reinstate a reporting requirement applicable to covered federal contractors obligating them to notify the government of executive compen


Memo
24-129
Monday, August 5, 2024

The White House Office of Management and Budget has given OFCCP the go-ahead to begin using a new and expanded version of the Scheduling Letter used to notify federal construction contractors of a compliance audit.


Memo
24-128
Thursday, August 1, 2024

OFCCP’s new directive retains many of the components of the prior administration’s “early resolution conciliation” procedures. Whether it signals a change in OFCCP’s current enforcement philosophy remains to be seen.


Memo
24-127
Wednesday, July 31, 2024

The appeals court has ruled that a federal law that prevents intentional discrimination based on race also protects U.S. citizens when they claim that they were discriminated against in favor of nonimmigrant visa holders.


Memo
24-126
Wednesday, July 31, 2024

MEMBER FEEDBACK REQUESTED. The U.S. Department of Agriculture has re-proposed revisions to its procurement regulations first proposed two years ago, but this time absent any controversial blacklisting provisions. This is the second time USDA has prop


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