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CWC’s Online State “Voting Leave” Resource

20-208 | 19 Oct 2020
As the fall elections approach, companies need to be aware that at least half the states have laws that give employees the right to take time off to vote. CWC’s Voting Leave resource summarizes each of these state laws.

CWC’s Guide To Dealing With Political Discourse in the Workplace

20-207 | 19 Oct 2020
As the November elections approach, employees may have strong views about the candidates and issues and may want to express those views in the workplace. Employers do have flexibility to adopt policies that minimize the potential disruption that may

Supreme Court Denies Review in Troublesome Class Arbitration Case

20-206 | 16 Oct 2020
The U.S. Supreme Court decided this week not to review a problematic arbitration ruling out of the Second Circuit in which the appeals court allowed class arbitration to proceed despite strong indicators that the underlying arbitration agreement contemplated only bilateral claims. CWC had filed a friend-of-the-court brief urging the Court to take up the case.

Walmart Settles EEOC Lawsuit Challenging Use of Physical Ability Test for $20 Million

20-205 | 15 Oct 2020
A “Consent Decree” recently negotiated between the EEOC and Walmart under which the company will pay $20 million settles a lawsuit brought by the agency challenging application of a physical ability test that the EEOC claims discriminated against women in violation of Title VII. The case serves as a reminder that the EEOC prioritizes enforcement efforts aimed at removal of screening tools that disproportionately impact protected-status workers.

DHS, DOL Issue “Interim Final Rules” Impacting H-1B Visa Program

20-204 | 14 Oct 2020
In the Trump Administration’s latest effort to curb alleged abuses in the popular H-1B visa program, the government has issued two new “Interim Final Rules” that are designed to further restrict the use of H-1B visas. Legal challenges can be expected.

OFCCP Posts New Promotion and Accommodation Focused Review Landing Pages

20-203 | 13 Oct 2020
OFCCP has posted two landing pages on its website providing more information on its new “accommodation” and “promotion” focused reviews. It is still very unclear, however, as to when these types of audits will begin.

EEOC Proposes Favorable Changes to Its Conciliation Process

20-202 | 12 Oct 2020
MEMBER FEEDBACK REQUESTED: The EEOC is proposing changes to the process it follows to informally settle discrimination charges which, if implemented, should bring more consistency and thus better results when conciliation occurs. CWC plans to file comments supporting the changes, and is inviting input from our members.
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