The U.S. Supreme Court has made it easier for a whistleblower claiming retaliation under the Sarbanes-Oxley Act to prevail by ruling that the person does not need to show retaliatory intent before the burden shifts back to the employer to prove that
MEMBER FEEDBACK REQUESTED. The EEOC has amended its procedural regulations to account for enactment of the PWFA, which went into effect last June. The agency’s proposed PWFA substantive regulations are still awaiting approval by the White House Offic
Enforcement of a 2019 California law (AB 51) that bans mandatory employment arbitration agreements has been permanently enjoined pursuant to a federal court order entered on January 2, 2024.
A federal court in California has ordered OFCCP to disclose federal contractors’ EEO-1 “Type 2” consolidated data in response to a Freedom of Information Act request, including Type 2 data submitted by contractors that objected to FOIA disclosure on
The Department of Labor has issued a final rule reinstating a policy implemented during the Obama Administration and rescinded by the Trump Administration that requires a successor contractor covered by the federal Service Contract Act to offer emplo
MEMBER FEEDBACK REQUESTED. CWC is pleased to announce a new online training resource designed to help our members understand the requirements of the recently enacted Pregnant Workers Fairness Act.
The Supreme Court’s landmark race-based college admissions ruling in Harvard/UNC implicated “Title VI” of the 1964 Civil Rights Act. So, what is Title VI, who does it cover, and what is its relationship to the more familiar Title VII? CWC’s primer ex
CWC has filed written comments with the Equal Employment Opportunity Commission on the agency’s proposed regulations to implement the recently enacted Pregnant Workers Fairness Act. While we support many of the proposed provisions as consistent with
An advisory group created by law to make recommendations to the U.S. Securities and Exchange Commission has recommended that the agency expand the amount of information covered companies must disclose publicly regarding their human capital.
The Securities and Exchange Commission has fined a company $225,000 for using a separation agreement that the agency alleges deprived departing employees of being able to exercise their “bounty hunter” rights under the Dodd-Frank financial reform law
Joining two other federal circuit courts, the Fourth Circuit has ruled that retaliation claims brought under the Americans with Disabilities Act are limited to “equitable” relief only.
A new law enacted by Congress late last year entitled the “No TikTok on Government Devices Act” has compliance implications for federal contractors. Our memo explains.
As expected, the Department of Labor has issued final revised regulations under the federal Davis-Bacon Act that will make it much easier for unionized construction companies to win federal contracts.
MEMBER FEEDBACK REQUESTED. The Equal Employment Opportunity Commission has proposed regulations to implement the recently enacted PWFA. The proposed regulations are not without controversy, however, as our memo explains.
In one of the relatively rare decisions issued by a federal appeals court interpreting the Worker Adjustment and Retraining Notification Act, the Second Circuit addresses the key term “operating unit.”
MEMBER FEEDBACK REQUESTED. CWC members are reminded that the PWFA goes into effect this week, and will require reasonable accommodation of known limitations related to pregnancy, childbirth, and related medical conditions.
The High Court has ruled that a company can be liable under the FCA for making a false claim against the government if the company knew or should have known that the claim was false, even if the claim was objectively reasonable.
The influential D.C. Circuit Court of Appeals has rejected an attempt by a group of states arguing that the Equal Rights Amendment to the U.S. Constitution first proposed back in 1972 has been ratified. The ruling thus further constrains the already
The “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA)” was enacted a year ago by Congress to prohibit employers from enforcing pre-dispute agreements to arbitrate sexual harassment claims. The first rulings interpreting th
The four federal agencies with statutory authority over federal whistleblower protection/bounty hunter laws report that activity increased in fiscal year 2022 as compared to the previous year, with two of those agencies receiving a record number of t
MEMBER FEEDBACK REQUESTED. The Labor Department’s Occupational Safety and Health Administration has issued an Interim Final Rule spelling out the procedures under which it handles whistleblower retaliation complaints filed under the Criminal Antitrus
The U.S. Securities and Exchange Commission, an agency not normally associated with workplace enforcement, recently announced that it had secured a $35 million enforcement settlement with a publicly traded company for failing to disclose certain pers
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.
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.
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.
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