All Publications and Memoranda

Memo
22-189
Wednesday, October 5, 2022

The U.S. Department of Justice announced recently that it had reached settlements with some 20 different employers to resolve discrimination allegations brought under the Immigration Reform and Control Act.


Memo
22-190
Wednesday, October 5, 2022

Calls we’ve received from some of our members lately indicate that there may be some confusion out there among agency contracting officers regarding OFCCP’s “Pre-Award Registry.” Our memo explains what the Registry is and how it is designed to be use


Memo
22-188
Wednesday, October 5, 2022

The New York City Department of Consumer and Workplace Protection has published proposed rules to implement the City’s new ordinance that will require covered employers to conduct an independent bias audit of any AI tool used and to publish the resul


Memo
22-187
Tuesday, October 4, 2022

As has become the norm, Congress failed to reach agreement on final government spending levels for Fiscal Year 2023, which began on October 1, instead opting to temporarily fund government operations at FY 2022 levels through December 16. As a result


Memo
22-186
Tuesday, October 4, 2022

The EEOC recently held it third and last “Listening Session” to solicit public input on development of the documents that will guide the agency’s enforcement priorities for the next few years. Our memo summarizes the session’s highlights.


Memo
22-185
Tuesday, September 27, 2022

The U.S. Congress has wrestled for years with trying to find agreement on a comprehensive federal data privacy law. A bill pending in the House of Representatives that has strong bipartisan support suggests the legislators may be getting closer to co


Memo
22-183
Tuesday, September 27, 2022

MEMBER FEEDBACK REQUESTED. OFCCP regulations require covered federal contractors to make their Section 503/VEVRAA AAPs “available” to applicants and employees upon request. The regulations don’t address how this should be done in a remote work enviro


Memo
22-184
Tuesday, September 27, 2022

As President Biden nears the halfway point of his first term, most of his nominations to serve in key workplace enforcement agency positions have been confirmed by the U.S. Senate. There are a few important slots that still await action, however, as


Memo
22-181
Monday, September 26, 2022

OFCCP has received approval from the White House Office of Management and Budget to continue its Functional Affirmative Action Program option for another three years. The program as extended contains some welcome improvements that may encourage great


Memo
22-182
Monday, September 26, 2022

CWC is pleased to present the latest demographic data by degree award level conferred by U.S. colleges and universities during the 2020-2021 academic year, which we’ve refined to assist our members in developing their college and university recruitme


Memo
22-179
Wednesday, September 21, 2022

A bill that would expand California’s pay reporting requirements to include additional data as well as require covered employers to include salary information in job postings awaits the Governor’s expected signature.


Memo
22-180
Wednesday, September 21, 2022

OFCCP has extended until October 19 the deadline for federal contractors to object to the agency’s release of their “Type 2” EEO-1 reports covering years 2016-2020. Our memo offers guidance as to how an objection might be crafted.


Memo
22-178
Tuesday, September 20, 2022

The second of three public “listening sessions” scheduled by the EEOC to solicit input on developing a new road map for the next several years featured witnesses testifying on “Identifying Vulnerable Workers and Reaching Underserved Communities.” Our


Memo
22-176
Monday, September 19, 2022

A recent ruling by a federal appeals court serves as a reminder that an employer has a duty under the Americans with Disabilities Act to consider reasonably accommodating a qualified individual for purposes of taking a preemployment test.


Memo
22-177
Monday, September 19, 2022

This recent ruling by the National Labor Relations Board reiterates a long-standing Supreme Court precedent that requires an employer to show “special circumstances” when justifying a policy that bans an employee from wearing a union insignia on the


Memo
22-175
Thursday, September 15, 2022

MEMBER FEEDBACK REQUESTED. The Labor Department’s Office of Labor-Management Standards has published a proposal that would require an employer covered by obligations to disclose certain expenditures related to union organizing activity to indicate wh


Memo
22-174
Wednesday, September 14, 2022

MEMBER FEEDBACK REQUESTED. The National Labor Relations Board, now operating with a Democrat majority, has (as anticipated) published a proposed rule that would increase the likelihood of a finding that two employers are considered to be a “joint emp


Memo
22-173
Tuesday, September 13, 2022

Our latest update of OFCCP financial settlements summarizes seven new settlements posted by the agency since our last update in May.


Memo
22-172
Tuesday, September 13, 2022

The number of complaints filed with the Labor Department by service members alleging discrimination under the Uniformed Services Employment and Reemployment Rights Act declined again in FY 2021, continuing a ten-year trend.


Memo
22-171
Monday, September 12, 2022

For 40 years, the Labor Department has insisted that to be enforceable, a settlement of Fair Labor Standards Act claims must be supervised by the agency or approved by a federal court. Two recent federal court rulings state that there is nothing in t


Memo
22-170
Friday, September 9, 2022

The Securities and Exchange Commission has finalized changes to its “bounty hunter” regulations that arguably will allow corporate whistleblowers to claim even larger bounty awards.


Memo
22-169
Thursday, September 8, 2022

As with the FMLA and the NLRA, the ADA contains a so-called interference clause in addition to its anti-retaliation provision. Given the dearth of case law interpreting the clause, a recent ruling by the Sixth Circuit Court of Appeals provides some h


Memo
22-168
Wednesday, September 7, 2022

MEMBER FEEDBACK REQUESTED. Our latest roundup of notable state and local workplace compliance developments summarizes actions that have been taken since our last update in July, including two new California bills with significant compliance implicati


Memo
22-163
Tuesday, September 6, 2022

A case that raises the important issue of reconciling the potential conflict between an employer’s EEO obligations and an employee’s labor law rights comes down on the side of labor law rights, at least in this instance, according to a split three-ju


Memo
22-167
Tuesday, September 6, 2022

OFCCP has officially launched its new online Notification of Construction Contract Award Portal as the preferred, albeit optional, way for covered federal construction contractors to meet their obligation to notify the agency of certain subcontract a


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