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CWC’s OFCCP Settlement Update: Recently Posted Cases for First Time Include Complaint Investigation Financial Settlement Agreements

19-015 | 18 Jan 2019
For the last three years, OFCCP has been periodically posting on its website information about conciliation agreements reached with federal contractors that include financial terms. The latest batch posted for the first time includes eight CAs stemming from discrimination complaint investigations. Our memo provides a summary.

What Are the Practical Impacts of a Quorum-Less EEOC Once the Agency’s Funding Is Restored?

19-014 | 18 Jan 2019
On January 3, 2019, the five-member EEOC was reduced to two sitting members when the term of former Commissioner Chai Feldblum officially expired. Our memo explores the implications of a now quorum-less EEOC once the partial government shutdown ends and the agency’s funding is restored.

Ruling by D.C. Circuit in Browning-Ferris Industries of California, Inc. Puts Focus Squarely Back on NLRB’s Proposed Joint Employer Rule

19-013 | 18 Jan 2019
Even as the National Labor Relations Board is working on a rule that would bring back the agency’s traditional test for determining joint employment, a federal appeals court has endorsed the controversial and much more expansive test that a differently-composed Board established in 2015.

Ruling by ALJ in Lamb Weston, Inc. Gives First Glimpse as to How the NLRB’s New “Boeing Standard” Regarding Workplace Rules and Policies Is Going To Be Applied

19-012 | 18 Jan 2019
Last year, the NLRB established a revised policy for assessing whether an otherwise neutral employer rule violates federal labor law. The so-called “Boeing Standard” takes a more balanced approach than the policy it replaced, which made it very difficult for an employer to defend even the most commonsense rules from labor law challenges.

Ruling by Second Circuit in Manley v. Champlain Stones Serves as Reminder of Balancing Act Employers Can Sometimes Face in Complying With Both Immigration and Non-Discrimination Requirements

19-011 | 18 Jan 2019
This recent decision by the Second Circuit illustrates how federal immigration law and nondiscrimination law can intermix, and the dilemma employers can face when attempting to comply.

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