All Publications and Memoranda

Memo
24-100
Wednesday, June 12, 2024

The ruling by a divided federal appeals court signals another potential setback for corporate programs designed to advance DEI initiatives.


Memo
24-101
Wednesday, June 12, 2024

The White House Office of Management and Budget has given approval to the Labor Department to continue using the current version of the mandatory VETS-4212 report through the 2026 filing season.


Memo
24-099
Wednesday, June 12, 2024

OFCCP’s latest Corporate Scheduling Announcement List (CSAL) puts some 500 federal contractor establishments on notice that they’ve been flagged for an upcoming compliance audit.


Memo
24-098
Tuesday, June 11, 2024

In a decision involving a discrimination claim by a federal employee, the EEOC has taken the position that an employer violates Title VII by maintaining a health plan that excludes coverage for gender-affirming treatment.


Memo
24-097
Thursday, June 6, 2024

The state of Colorado has enacted a comprehensive new law regulating the workplace use of artificial intelligence, the most expansive effort to regulate AI use for employment purposes that we’ve seen so far.


Memo
24-096
Wednesday, June 5, 2024

A recent lawsuit filed by the Labor Department against an auto manufacturer and its supplier and the supplier’s staffing company suggests a return to the controversial “fissured workplace” theory, putting employers on notice that the agency is closel


Memo
24-095
Monday, June 3, 2024

The Republican Attorneys General in a number of states, led by Tennessee, have filed lawsuits claiming among other things that the structure of the Equal Employment Opportunity Commission is unconstitutional.


Memo
24-094
Monday, June 3, 2024

The Department of Labor has published a guidance document containing eight “principles” that developers and employers are encouraged to follow regarding the use of AI in the employment context.


Memo
24-093
Thursday, May 30, 2024

President Biden has submitted two nominations for seats on the five-member National Labor Relations Board, one a Democrat and the other a Republican. If the nominees are confirmed by the U.S. Senate before it adjourns for the year, pro-union Democrat


Memo
24-091
Wednesday, May 29, 2024

MEMBER FEEDBACK REQUESTED. Our latest update of new state and local compliance requirements summarizes laws enacted since our last update in April.


Memo
24-092
Wednesday, May 29, 2024

In a heads up to all entities that are required to file annual EEO-1 reports, the Equal Employment Opportunity Commission has sued 15 employers for failure to comply.


Memo
24-090
Wednesday, May 29, 2024

The High Court’s pro-arbitration ruling resolves a split among the federal appeals courts as to whether a trial court must put a lawsuit on hold rather than dismiss it when arbitration has been ordered.


Memo
24-089
Thursday, May 23, 2024

The Labor Department’s brief argues that a lower court got it wrong in ruling that the Freedom of Information Act required OFCCP to release the EEO-1 data of federal contractors that objected to disclosure on grounds that the data were protected comm


Memo
24-088
Wednesday, May 22, 2024

Our updated Talking Points are designed to educate your managers and supervisors on the Department of Labor’s 2024 revisions to its “white collar” overtime regulations, and to help them answer questions they may receive about the new requirements.


Memo
24-087
Tuesday, May 21, 2024

A bill approved by Congress to reauthorize the Federal Aviation Administration for another five years contains a provision regarding lactation protection for airline crew members.


Memo
24-085
Monday, May 20, 2024

As we predicted, a lawsuit has been filed by the Republican Attorneys General of 18 separate states challenging the EEOC’s new anti-harassment guidance and its SOGI discrimination provisions.


Memo
24-086
Monday, May 20, 2024

For the second year in a row, the EEOC saw a notable increase in discrimination charges filed this past year, with allegations of unlawful retaliation once again leading the way.


Memo
24-084
Thursday, May 16, 2024

MEMBER FEEDBACK REQUESTED. OFCCP has filed a formal request with the White House Office of Management and Budget to continue using its Contractor Portal for another three years. OMB is accepting comments on OFCCP’s request, and CWC intends to comment


Memo
24-083
Wednesday, May 15, 2024

MEMBER FEEDBACK REQUESTED. CWC recently held a Members Only web workshop on the Labor Department’s new white collar overtime regulations, which are currently scheduled to go into effect beginning on July 1, 2024. Our memo summarizes a number of compl


Memo
24-082
Tuesday, May 14, 2024

A bill that would outlaw pre-dispute arbitration of age discrimination claims has cleared a key U.S. Senate Committee on a bipartisan vote, paving the way for possible enactment later this year.


Memo
24-081
Monday, May 13, 2024

Two recent case developments involving lawsuits brought under Washington state’s salary disclosure law offer some insights as to the types of challenges that are being brought under similar state laws and how the courts might deal with them.


Memo
24-080
Thursday, May 9, 2024

The EEOC has filed a rare friend-of-the-court brief in a federal district court case arguing that an AI software vendor can be liable under federal anti-discrimination laws if the use of its product by an employer allegedly discriminates against a pr


Memo
24-079
Thursday, May 9, 2024

Federal contractors may find helpful a new guidance document published by OFCCP that outlines the risks and obligations that are potentially triggered by the use of AI and other automated systems in the workplace.


Memo
24-078
Tuesday, May 7, 2024

The Tenth Circuit Court of Appeals has ruled that President Biden acted within his authority in raising the minimum wage paid to workers employed on certain government contracts. In the meantime, two other federal appeals courts have yet to weigh in.


Memo
24-077
Monday, May 6, 2024

The EEOC’s new anti-harassment guidance supersedes previous guidance issued more than 20 years ago, and as expected, takes an expansive view of what constitutes unlawful harassment.


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