All Publications and Memoranda

Memo
24-123
Wednesday, July 24, 2024

A recent settlement involving an employer and the EEOC underscores the risk an employer incurs when it questions whether an employee who asks for a religious accommodation has sincerely held religious beliefs.


Memo
24-124
Wednesday, July 24, 2024

Our comments to the White House Office of Management and Budget urge that agency to require OFCCP to make revisions to its proposed construction contractor scheduling letter before OMB gives approval to OFCCP to use it.


Memo
24-122
Tuesday, July 23, 2024

In a less publicized but still important regulatory ruling in addition to the Supreme Court’s recent decision throwing out the decades old Chevron doctrine, the High Court also ruled that an entity may be able to challenge a federal regulation years


Memo
24-121
Tuesday, July 23, 2024

The government’s latest annual American Time Use Survey, which covers calendar year 2023, shows that full-time male employees are catching up to full-time female employees in the time they spend working from home on an average day.


Memo
24-120
Thursday, July 18, 2024

MEMBER FEEDBACK REQUESTED. OFCCP is asking OMB for approval to reinstate a burdensome reporting requirement on federal construction contractors that the agency originally abandoned in 1995 as putting a strain on OFCCP resources.


Memo
24-119
Wednesday, July 17, 2024

The appeals court has ruled that the National Labor Relations Board violated an employer’s due process rights in reinstating a worker-friendly misconduct standard without giving the employer an opportunity to express its views.


Memo
24-117
Tuesday, July 16, 2024

The government’s latest semi-annual regulatory agenda confirms that the Equal Employment Opportunity Commission is planning to implement a new pay data collection requirement as early as next year. In the meantime, a major regulatory proposal expecte


Memo
24-118
Tuesday, July 16, 2024

Five years after the EEOC rescinded portions of agency regulations dealing with ADA/GINA-compliant incentives offered in conjunction with corporate wellness plans, the EEOC has now officially rescinded interpretive guidance issued in conjunction with


Memo
24-116
Thursday, July 11, 2024

A federal district court in Texas has temporarily enjoined the Federal Trade Commission’s new rule banning most noncompete agreements from going into effect until the court rules on the merits of a legal challenge brought by the U.S. Chamber of Comme


Memo
24-115
Wednesday, July 10, 2024

In a significant ruling, the Supreme Court has held that the lower federal courts should no longer give deference to agency interpretations of vague or unclear statutory language.


Memo
24-113
Tuesday, July 9, 2024

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


Memo
24-114
Tuesday, July 9, 2024

OFCCP has announced 16 formal settlements of enforcement actions against federal contractors during the first three quarters of the fiscal year. Our memo provides details.


Memo
24-112
Tuesday, July 2, 2024

The Justice Department has entered into a settlement agreement worth more than half a million dollars with a staffing agency that allegedly violated the Immigration and Nationality Act by using job postings that discouraged applications from non-U.S.


Memo
24-111
Tuesday, July 2, 2024

The new minimum weekly salary of $844 for a white-collar employee to qualify for exemption from federal overtime coverage has taken effect except for employees of the state of Texas, based on a federal court’s preliminary injunction.


Memo
24-110
Monday, July 1, 2024

MEMBER FEEDBACK REQUESTED. OFCCP has asked OMB for approval to use a more detailed scheduling letter and itemized listing for compliance reviews of construction contractors. While the agency rejected our recommendations, its response provides some in


Memo
24-109
Thursday, June 27, 2024

We have updated a template that CWC members can use when drafting good faith outreach letters as they try to find diverse candidates for their open jobs.


Memo
24-108
Thursday, June 27, 2024

Illinois is contacting employers that have an Equal Pay Registration Certificate (EPRC) to remind them that they must apply for a recertification every two years. However, the state’s reminders included the wrong date for the employee-level data that


Memo
24-107
Wednesday, June 26, 2024

As the July 1 certification deadline approaches, technical issues have once again frustrated OFCCP’s Contractor Portal certification process.


Memo
24-106
Monday, June 24, 2024

Federal district courts have reached different conclusions in assessing challenges to controversial parts of the EEOC’s regulations implementing the Pregnant Workers Fairness Act. Our memo explains.


Memo
24-105
Wednesday, June 19, 2024

The Supreme Court has settled a federal circuit court split in a way that will make it less likely that employers will have to reinstate fired workers while the NLRB reviews unfair labor practice charges.


Memo
24-104
Tuesday, June 18, 2024

Our comments to the Office of Management and Budget argue that OFCCP’s Contractor Portal remains overly burdensome to federal contractors, and that changes should be made before it is extended for another three years


Memo
24-103
Monday, June 17, 2024

In what could be a precedent for other federal whistleblower protection laws, Congress has added substantial monetary penalties as a remedy for whistleblower retaliation related to aviation safety violations.


Memo
24-102
Monday, June 17, 2024

MEMBER FEEDBACK REQUESTED. CWC is pleased to announce the launch of a new online resource designed to keep our members apprised of new state and local laws that regulate the use of artificial intelligence tools for employment purposes.


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.


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