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
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.
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.
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.
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
The U.S. Securities and Exchange Commission reports that based on “tips” filed by corporate whistleblowers, it awarded a whopping $564 million in bounty hunter awards last year, more than all previous years combined.
Wednesday, January 12, 2022
A new law that prohibits federal contractors from asking job applicants about their criminal histories went into effect on December 20, 2021, but the government has yet to issue implementing regulations.
CWC is pleased to present the latest in our ongoing series of memos summarizing recent court rulings dealing with workplace issues that impact our members.
Tuesday, November 30, 2021
A new Executive Order signed by President Biden essentially reinstates “nondisplacement” rules that were operative during the Obama Administration. Those rules required successor contractors to contracts covered by the federal Service Contract Act to
Tuesday, November 16, 2021
Bills that would ban or severely limit pre-dispute arbitration agreements to resolve workplace discrimination claims are getting attention in Congress, and one of them has a fair chance of being enacted.
Tuesday, October 12, 2021
The three federal agencies that administer the complex rules regarding corporate wellness programs have issued new guidance concerning how employers are permitted to use incentives to encourage employee COVID-19 vaccinations.
The major “infrastructure” legislation that is awaiting final Congressional approval contains a provision that would condition the awarding of federal funds based on a company’s “demonstrated record of and plans to be in compliance with Federal labor
Tuesday, September 21, 2021
Pursuant to an Executive Order issued by former President Obama in 2014, federal contractors subject to that order will be required to start paying eligible workers a minimum wage of $11.25 (up from $10.95) an hour beginning January 1, 2022.
Tuesday, September 14, 2021
President Biden initiated two actions last week that when and if implemented will require many private sector employers, including federal contractors, to ensure that their employees are vaccinated against COVID-19. At this point, however, there are
The U.S. Securities and Exchange Commission has approved a new rule requested by the Nasdaq stock exchange that will require Nasdaq-traded companies to annually report detailed data on the diversity of their Boards of Directors.
Legislation to require employers to accommodate certain pregnancy-related limitations cleared a key hurdle last week, taking it one step closer to enactment within the coming weeks.
Wednesday, December 16, 2020
The U.S. House of Representatives recently gave approval to a bill that would decriminalize marijuana under federal law, a long-sought goal of marijuana legalization advocates. Although the Senate is not expected to consider the bill anytime soon, it
Monday, November 23, 2020
The U.S. Labor Department recently announced the winners of the 2020 “HIRE Vets Medallion Awards,” which are given to employers that demonstrate exemplary efforts in recruiting, employing, and retaining veterans. As was the case last year, this year’
Monday, November 16, 2020
As we look ahead to next year, there are signals coming from Capitol Hill that overhaul of current employment law may be a high priority for legislators in the next Congress. Our memo tees up some of the issues that are likely to arise.
Under a 2015 bill approved by Congress, statutory fines under many federal laws are adjusted upwards on an annual basis for inflation. Our memo lists adjusted current penalty amounts for a number of employment-related violations.
The U.S. Supreme Court decided this week not to review a problematic arbitration ruling out of the Second Circuit in which the appeals court allowed class arbitration to proceed despite strong indicators that the underlying arbitration agreement cont
The SEC has amended its whistleblower retaliation/bounty hunter regulations issued under the Dodd-Frank law to conform them to a 2018 Supreme Court ruling. The revised regulations contain clarifications that we believe employers will find helpful.
Our memo summarizes a number of employment-related opinions authored over the last three years by Seventh Circuit Judge Amy Coney Barrett, who has been nominated to the U.S. Supreme Court by President Trump.
Friday, September 4, 2020
Although the Supreme Court has made it clear that the Federal Arbitration Act establishes a public policy favoring arbitration of disputes, there is a provision in the FAA that exempts its application to workers “engaged in foreign or interstate comm