All Publications and Memoranda

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.


Memo
24-076
Thursday, May 2, 2024

MEMBER FEEDBACK REQUESTED. The government’s new race and ethnicity reporting standards have generated numerous questions from CWC members on how they will be expected to comply. Our new FAQs are designed to address many of your questions.


Memo
24-075
Wednesday, May 1, 2024

WEB WORKSHOP SCHEDULED MAY 14. As expected, the Federal Trade Commission has issued a controversial new rule that bans the use of non-compete agreements. Also as expected, the rule has already been challenged in court.


Memo
24-074
Tuesday, April 30, 2024

Our written comment letter to OFCCP urges the agency to back off on expansive changes it is proposing to the construction contractor Scheduling Letter and Itemized Listing, arguing that all parties would be better served by limiting detailed informat


Memo
24-073
Thursday, April 25, 2024

CWC has filed written comments with OFCCP objecting to the agency’s proposal to reinstate an expanded version of its long-discontinued and highly burdensome monthly utilization reporting requirement for federal construction contractors and subcontrac


Memo
24-072
Wednesday, April 24, 2024

CWC WEB WORKSHOP on May 7, 2024. The Biden Administration’s Labor Department has issued revised regulations under the Fair Labor Standards Act that will make thousands of additional salaried white collar workers eligible for overtime pay.


Memo
24-071
Tuesday, April 23, 2024

CWC’s written comments to the EEOC agree that its recently revised procedural regulations are consistent with changes required by enactment of the Pregnant Workers Fairness Act. At the same time, we express concern that the agency finalized the regul


Memo
24-069
Monday, April 22, 2024

In an important employment discrimination case, the U.S. Supreme Court has lowered the burden of proof on an employee to prove that an unwanted job transfer violated Title VII of the Civil Rights Act.


Memo
24-070
Monday, April 22, 2024

The ruling by the High Court further clarifies the scope of the transportation worker exemption contained in the Federal Arbitration Act.


Memo
24-068
Thursday, April 18, 2024

CWC WEB WORKSHOP on April 30, 2024. The EEOC, over the objection of two of its Commissioners, has issued final regulations interpreting the Pregnant Workers Fairness Act, giving the law an expansive reading that is almost certain to be challenged in


Memo
24-067
Thursday, April 18, 2024

Our comments to the White House Office of Management and Budget support a request for approval by the Labor Department to continue using the current version of the mandated VETS-4212 Report for another three years, noting that the form is familiar to


Memo
24-066
Tuesday, April 16, 2024

MEMBER FEEDBACK REQUESTED. Our latest update covers state and local workplace law developments occurring since CWC’s last update in February.


Memo
24-065
Tuesday, April 16, 2024

MEMBER FEEDBACK REQUESTED. U.S. Citizenship and Immigration Services has issued a Temporary Final Rule that automatically extends the expiration date of certain Employment Authorization Documents from 180 days to 540 days. The EAD is a “List A” I-9 d


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