Other Laws

Tuesday, February 7, 2023

Coming nearly 20 years after a similar ruling by another federal appeals court, the D.C. Circuit has ruled that the whistleblower anti-retaliation provisions of the Sarbanes-Oxley Act do not apply extraterritorially.

Thursday, January 26, 2023

Employment-related lawsuits filed in federal court dropped for the fourth straight year in FY 2022, with declines especially notable in ADA- and FMLA-related filings.

Wednesday, January 18, 2023

A new law approved by the last Congress shortly before it adjourned expands the 2010 “Break Time for Nursing Mothers Act” to cover executives, managers, and professionals who were previously exempt from the law’s protection.

Wednesday, January 11, 2023

Contained within the massive government spending bill recently approved by Congress is a new law that expands protection for pregnant workers. Our memo analyzes the new law, which goes into effect at the end of June.

Tuesday, December 20, 2022

As we predicted, the final version of the “must-pass” National Defense Authorization Act approved by Congress earlier this month stripped out most of the labor union wish list provisions that the House of Representatives loaded into its version of th

Tuesday, December 13, 2022

Congress has approved and sent to President Biden for his signature a bill that codifies the protections regarding same-sex marriages that were articulated earlier in two landmark U.S. Supreme Court rulings.

Wednesday, December 7, 2022

With the results of the 2022 mid-term elections now in, CWC has dusted off its crystal ball to take a look at what the changed political dynamic might mean for employment policy issues.

Monday, November 7, 2022

A bill approved by the House of Representatives before lawmakers recessed for the elections would expand whistleblower retaliation protection for employees of the federal government. Such measures sometimes set a precedent for possible changes to the

Wednesday, October 26, 2022

The Biden Administration has taken additional steps to implement a new “Trans-Atlantic Data Privacy Framework” that was negotiated with the European Union in an attempt to resolve EU concerns that U.S. data protection safeguards are inadequate.

Monday, October 24, 2022

A bipartisan bill that would bar the use of pre-dispute nondisclosure agreements involving sexual assault or harassment claims has been approved by the U.S. Senate and could become law this year.

Monday, October 10, 2022

Two different Presidential Executive Orders set a higher minimum wage rate on certain government contracts depending on when the contract was executed. Pursuant to an escalator clause contained in each E.O., the minimum wage rate under each will incr

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

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.

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

Wednesday, August 17, 2022

The U.S. Department of Justice recently announced a large monetary antitrust settlement involving the poultry industry in which DOJ alleged unlawful suppression of worker pay. The settlement is further evidence of DOJ’s current focus on going after a

Thursday, July 21, 2022

MEMBER FEEDBACK REQUESTED. The Department of Labor has published proposed regulations pursuant to a Biden Executive Order issued late last year that would require a successor contractor on a contract covered by the Service Contract Act to give the pr

Monday, July 11, 2022

In a major ruling issued just before its current term ended, the Supreme Court provided guidance on the so-called major questions doctrine, a legal theory that can be invoked to challenge an agency rule that has significant economic and political con

Wednesday, July 6, 2022

Under a new Executive Order signed by President Biden, federal agencies have been tasked with developing Sexual Orientation/Gender Identity “Action Plans” in a step that could ultimately require employers to collect and report such data to the federa

Tuesday, June 28, 2022

In a case of first impression, the Fifth Circuit has ruled that the COVID-19 pandemic is not a “natural disaster” within the meaning of the federal WARN Act that exempts an employer from having to provide employees with advance notice of a covered pl

Tuesday, June 21, 2022

MEMBER FEEDBACK REQUESTED. The Consumer Financial Protection Bureau, the powerful independent federal agency created by the 2010 Dodd-Frank financial reform law, is asking for public input on the topic of “employer-driven debt,” presumably with the i

Tuesday, June 7, 2022

The High Court’s ruling earlier this week in the case of Southwest Airlines v. Saxon provides guidance on the scope of the Federal Arbitration Act’s transportation worker exemption, although not in the way that either party would have preferred.

Wednesday, May 25, 2022

The High Court’s ruling this week increases the incentive for an employer to seek to compel arbitration sooner rather than later when a lawsuit gets filed.

Monday, April 25, 2022

For the second Congress in a row, the U.S. House of Representatives has passed legislation that would decriminalize marijuana under federal law. And for the second Congress in a row, the bill is unlikely to go anywhere in the U.S. Senate unless it ob

Wednesday, March 30, 2022

A bill that would bar the use of pre-dispute arbitration agreements in the employment context recently passed the House of Representative on a party-line vote. The bill is unlikely to go anywhere in the U.S. Senate.

Tuesday, March 22, 2022

The Labor Department is proposing a major revision of its regulations implementing the Depression-era Davis-Bacon Act. Under the proposal, it would be more likely that union wage rates would apply on federal construction projects, making it easier fo

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