All Publications and Memoranda

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
23-186
Wednesday, September 20, 2023

Despite efforts by the Biden Administration to overcome legal deficiencies in the DACA program by issuing formal regulations, a federal trial court has ruled once again that the program is fatally flawed, putting DACA’s ultimate fate in jeopardy unle


Memo
23-184
Tuesday, September 19, 2023

MEMBER FEEDBACK REQUESTED. Since Colorado passed its pay transparency law in 2021 requiring employers to include salary information in their job postings, several other state and local jurisdictions have followed suit. To help our members stay on top


Memo
23-183
Tuesday, September 19, 2023

Two agencies with broad authority over federal employment laws have signed a Memorandum of Understanding designed to further enhance their enforcement efforts.


Memo
23-182
Monday, September 18, 2023

MEMBERS ONLY WEB WORKSHOP with EEOC REPS on OCTOBER 5. The EEOC announced recently that the filing season for 2022 “Component 1” EEO-1 reports will open on October 31, and for filers that use the popular “Data File Upload” option, significant changes


Memo
23-181
Wednesday, September 13, 2023

The Biden-appointed majority on the National Labor Relations Board has issued a final rule intended to speed up union representation elections. The rule undoes procedures put in place by the Trump-era Board in 2019 and is expected to work to the bene


Memo
23-180
Tuesday, September 12, 2023

MEMBER FEEDBACK REQUESTED. Following OFCCP’s recent adoption of a burdensome new Scheduling Letter and Itemized Listing, the agency has now put some 1,000 federal contractor establishments on notice to get ready for a compliance audit.


Memo
23-179
Tuesday, September 12, 2023

MEMBER FEEDBACK REQUESTED. The Occupational Safety and Health Administration is proposing to reinstate a policy that was found unlawful during the Obama Administration that would allow labor union officials to accompany an OSHA inspector during a wor


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
23-174
Wednesday, September 6, 2023

MEMBER FEEDBACK REQUESTED. In conjunction with the recent release of a new I-9 form and implementation of a new remote verification option, CWC has updated our popular Form I-9 Process Outline.


Memo
23-175
Wednesday, September 6, 2023

OFCCP has filed a formal enforcement action against DISH Network, alleging that it has failed to respond to OFCCP scheduling letters since 2018, even though the agency suspended enforcement over a period of 24 months for lack of jurisdiction.


Memo
23-176
Wednesday, September 6, 2023

The Supreme Court of California has ruled that a third party vendor performing screening services on behalf of an employer can be sued directly for discrimination under the state’s Fair Employment and Housing Act.


Memo
23-172
Tuesday, September 5, 2023

MEMBER FEEDBACK REQUESTED. The Biden Administration’s Department of Labor has published its long-expected proposal to amend the “white collar” regulations under the Fair Labor Standards Act in order to extend overtime eligibility to numerous salaried


Memo
23-173
Tuesday, September 5, 2023

MEMBER FEEDBACK REQUESTED. The U.S. Department of Justice has proposed comprehensive revisions to its regulations under the public sector provisions of the Americans with Disabilities Act pertaining to web accessibility for individuals with disabilit


Memo
23-171
Wednesday, August 30, 2023

As we anticipated, opponents of affirmative action are following up their successful Supreme Court challenge of the admissions policies of Harvard and UNC by beginning to sue private sector entities, alleging unlawful race-based discriminatory employ


Memo
23-170
Tuesday, August 29, 2023

The Equal Employment Opportunity Commission has adopted a new five-year Strategic Plan, which is likely to be followed soon by the agency’s new five-year Strategic Enforcement Plan. Importantly, the new SEP will contain details on the new Democratic


Memo
23-169
Tuesday, August 29, 2023

The appeals court has ruled that a plaintiff does not need to show an “ultimate employment decision” such as discharge or failure to promote to bring a valid Title VII discrimination claim, putting the spotlight on a different case...


Memo
23-168
Monday, August 28, 2023

CWC Web Workshop Scheduled for September 7. The White House Office of Management and Budget has approved a burdensome new version of the Scheduling Letter used by OFCCP to notify a federal contractor that it has been selected for a routine compliance


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
23-165
Tuesday, August 22, 2023

The appeals court found that a company policy that required employees to have permanent work authorization did not intentionally discriminate against a beneficiary of the Deferred Action for Childhood Arrivals (DACA) program in violation of “Section


Memo
23-166
Tuesday, August 22, 2023

A new program recently launched in Canada allows foreign workers in the U.S. with an H-1B visa to live and work in Canada, with a much faster route to permanent resident status. The instant popularity of the program underscores the flaws in the U.S.


Memo
23-163
Wednesday, August 16, 2023

The Supreme Court of California has rejected an interpretation of the state’s Private Attorney Generals Act by the U.S. Supreme Court, asserting that it is the California courts, not the U.S. Supreme Court, that have the ultimate authority to interpr


Memo
23-164
Wednesday, August 16, 2023

The White House Office of Management and Budget has granted the EEOC’s request to continue using a slightly revised version of the EEO-1 form, but only for one year ending on August 31, 2024, rather than the three-year extension normally granted.


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.


No content found


© 2023 Center for Workplace Compliance (CWC™). All rights reserved. Formerly EEAC. No part of this document may be reproduced without permission of CWC. This resource is intended for the exclusive use of CWC’s members. Any sharing, copying, exchanging, repurposing, reproduction, or assignment of CWC’s resources or other copyrighted materials to any party outside of a CWC member organization in good standing without the express written consent of CWC is strictly prohibited. If you have questions about your membership status or becoming a CWC member, please contact us at info@cwc.org or 202-629-5655.