All Publications and Memoranda

Memo
24-064
Wednesday, April 10, 2024

The Occupational Safety and Health Administration has issued a new regulation that will allow employees to designate a union representative to accompany an OSHA compliance officer during a workplace safety inspection.


Memo
24-063
Wednesday, April 10, 2024

OFCCP has officially opened its annual online Contractor Portal by way of which covered federal contractors must certify their compliance with the agency’s AAP requirements. Certifications must be completed by July 1, 2024.


Memo
24-061
Monday, April 8, 2024

CWC has filed written comments with federal procurement agencies on a proposed new regulation covering federal contractors that would impose a salary history ban, a compensation disclosure requirement, and an employee notice requirement.


Memo
24-062
Monday, April 8, 2024

MEMBER FEEDBACK REQUESTED. The Federal Communications Commission, in a partisan 3-2 vote, has moved forward with reinstating and making public an annual demographic report similar to the EEO-1 that covered broadcasters must file with the agency. The


Memo
24-060
Thursday, April 4, 2024

CWC WEB WORKSHOP ON THURSDAY, APRIL 11. The White House Office of Management and Budget has revised the standards that federal agencies use to collect race/ethnicity data, and it will take some time before the changes are incorporated into collection


Memo
24-059
Wednesday, April 3, 2024

In another recent example of how diversity-related initiatives are under increasing legal challenge, a federal district court in Texas has ruled that the MBDA, an agency within the U.S. Department of Commerce, discriminates on the basis of race, and


Memo
24-058
Tuesday, April 2, 2024

OFCCP has announced that the annual Vets Hiring Benchmark, which most federal contractors use as their protected veterans hiring benchmark for complying with OFCCP’s affirmative action regulations under the Vietnam Era Veterans’ Readjustment Assistan


Memo
24-057
Tuesday, April 2, 2024

A recent ruling by a federal appeals court underscores the importance of operating DEI programs within the law.


Memo
24-056
Wednesday, March 27, 2024

Following the EEOC’s announcement that the filing season for 2023 EEO-1 Reports will begin on April 30, 2024, updated instructions recently posted to the agency’s EEO-1 Filing website indicate that there are no changes to the process used for filing


Memo
24-054
Tuesday, March 26, 2024

Six months after the beginning of the government’s 2024 fiscal year, Congress and the Biden White House finally reached a spending deal. And despite President Biden’s request for big funding increases for agencies such as OFCCP and the NLRB, they end


Memo
24-053
Tuesday, March 26, 2024

The appeals court has upheld an injunction issued by a lower court prohibiting enforcement of a 2022 Florida law that prohibits employers from requiring employees to attend mandatory DEI training, strongly suggesting that the law is both unconstituti


Memo
24-055
Tuesday, March 26, 2024

The U.S. Citizenship and Immigration Services agency has completed the fiscal year H-1B visa lottery for visa recipients who will be eligible to begin working on October 1, 2024. As a reminder, employers who are eligible to file visa petitions will b


Memo
24-052
Monday, March 25, 2024

MEMBER FEEDBACK REQUESTED. The Labor Department’s Veterans’ Employment and Training Service has submitted a formal request to the White House Office of Management and Budget to continue using the current version of the VETS-4212 form for another thre


Memo
24-051
Thursday, March 21, 2024

The Equal Employment Opportunity Commission, in a likely sign that it is getting ready to reinstate a pay data collection requirement, has released to the public a new Data Dashboard allowing users to review and sort aggregate EEO-1 “Component 2” pay


Memo
24-050
Wednesday, March 20, 2024

Our recently concluded 2024 Policy Conference featured 10 substantive sessions, including interactive sessions with EEOC Chair Charlotte Burrows and OFCCP Acting Director Michelle Hodge.


Memo
24-049
Tuesday, March 19, 2024

President Biden has submitted his fiscal year 2025 budget to Congress, and as with the President’s earlier budget requests, it calls for increased funding for the EEOC and other workplace regulators as well as for major policy changes such as a paid


Memo
24-048
Monday, March 18, 2024

The U.S. Department of Justice has announced that it intends to roll out a pilot program later this year that would award bounties to corporate whistleblowers who are not otherwise eligible for cash rewards under current federal laws.


Memo
24-046
Wednesday, March 13, 2024

MEMBER FEEDBACK REQUESTED. Just three years after requiring federal construction contractors to submit detailed information to OFCCP with regard to meeting their nondiscrimination and affirmative action obligations, OFCCP now wants them to submit eve


Memo
24-047
Wednesday, March 13, 2024

The Biden Department of Labor’s new independent contractor rule for worker classification determinations under the FLSA went into effect as scheduled on March 11, 2024, although it is still subject to several legal challenges.


Memo
24-045
Tuesday, March 12, 2024

A federal district court in Texas has ruled that a regulation issued last year by the Biden-appointed National Labor Relations Board majority regarding whether two entities can be considered “joint” employers exceeds common law limits, and cannot be


Memo
24-044
Monday, March 11, 2024

As part of a deal to fund a portion of the federal government through September 30, Congress has allocated a budget of $455 million to the EEOC, the same amount the agency received last fiscal year.


Memo
24-042
Tuesday, March 5, 2024

The U.S. Bureau of Labor Statistics’ latest annual report on labor force participation by people with disabilities shows steady progress over the last ten years, while still underscoring the challenges they have in finding work compared to nondisable


Memo
24-041
Tuesday, March 5, 2024

A federal trial court has ruled that the Pregnant Workers Fairness Act cannot be enforced against the state of Texas because the House of Representatives did not have a necessary Constitutional quorum when the PWFA was enacted.


Memo
24-043
Tuesday, March 5, 2024

MEMBER FEEDBACK REQUESTED. OFCCP has announced its intent to reinstate a revised version of its long-discontinued Form CC-257, which if implemented will require covered federal construction contractors and subcontractors to collect and report on a mo


Memo
24-040
Monday, March 4, 2024

Data released recently by the four federal agencies with primary jurisdiction over federal whistleblower laws show an increase in both allegations of fraudulent activity as well as an increase in complaints alleging retaliation for blowing the whistl


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