Other Laws

Memo
24-034
Wednesday, February 21, 2024

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


Memo
24-032
Tuesday, February 20, 2024

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


Memo
24-014
Wednesday, January 17, 2024

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.


Memo
24-004
Thursday, January 4, 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


Memo
24-002
Wednesday, January 3, 2024

The Department of Labor has issued a final rule reinstating a policy implemented during the Obama Administration and rescinded by the Trump Administration that requires a successor contractor covered by the federal Service Contract Act to offer emplo


Memo
23-210
Wednesday, November 1, 2023

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.


Memo
23-209
Tuesday, October 31, 2023

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


Memo
23-200
Monday, October 16, 2023

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


Memo
23-189
Wednesday, September 27, 2023

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.


Memo
23-185
Wednesday, September 20, 2023

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


Memo
23-178
Monday, September 11, 2023

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.


Memo
23-177
Monday, September 11, 2023

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.


Memo
23-167
Wednesday, August 23, 2023

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.


Memo
23-162
Tuesday, August 15, 2023

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.


Memo
23-136
Monday, July 10, 2023

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.”


Memo
23-127
Monday, June 26, 2023

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.


Memo
23-122
Monday, June 19, 2023

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.


Memo
23-059
Wednesday, March 22, 2023

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


Memo
23-055
Wednesday, March 15, 2023

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


Memo
23-050
Wednesday, March 8, 2023

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


Memo
23-048
Monday, March 6, 2023

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


Memo
23-044
Tuesday, February 28, 2023

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


Memo
23-026
Wednesday, February 1, 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.


Memo
23-021
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.


Memo
23-011
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.


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