Other Laws

Memo
22-211
Monday, November 7, 2022

A bill approved by the House of Representatives before lawmakers recessed for the elections would expand whistleblower retaliation protection for employees of the federal government. Such measures sometimes set a precedent for possible changes to the


Memo
22-204
Wednesday, October 26, 2022

The Biden Administration has taken additional steps to implement a new “Trans-Atlantic Data Privacy Framework” that was negotiated with the European Union in an attempt to resolve EU concerns that U.S. data protection safeguards are inadequate.


Memo
22-201
Monday, October 24, 2022

A bipartisan bill that would bar the use of pre-dispute nondisclosure agreements involving sexual assault or harassment claims has been approved by the U.S. Senate and could become law this year.


Memo
22-193
Monday, October 10, 2022

Two different Presidential Executive Orders set a higher minimum wage rate on certain government contracts depending on when the contract was executed. Pursuant to an escalator clause contained in each E.O., the minimum wage rate under each will incr


Memo
22-185
Tuesday, September 27, 2022

The U.S. Congress has wrestled for years with trying to find agreement on a comprehensive federal data privacy law. A bill pending in the House of Representatives that has strong bipartisan support suggests the legislators may be getting closer to co


Memo
22-180
Wednesday, September 21, 2022

OFCCP has extended until October 19 the deadline for federal contractors to object to the agency’s release of their “Type 2” EEO-1 reports covering years 2016-2020. Our memo offers guidance as to how an objection might be crafted.


Memo
22-175
Thursday, September 15, 2022

MEMBER FEEDBACK REQUESTED. The Labor Department’s Office of Labor-Management Standards has published a proposal that would require an employer covered by obligations to disclose certain expenditures related to union organizing activity to indicate wh


Memo
22-155
Wednesday, August 17, 2022

The U.S. Department of Justice recently announced a large monetary antitrust settlement involving the poultry industry in which DOJ alleged unlawful suppression of worker pay. The settlement is further evidence of DOJ’s current focus on going after a


Memo
22-138
Thursday, July 21, 2022

MEMBER FEEDBACK REQUESTED. The Department of Labor has published proposed regulations pursuant to a Biden Executive Order issued late last year that would require a successor contractor on a contract covered by the Service Contract Act to give the pr


Memo
22-129
Monday, July 11, 2022

In a major ruling issued just before its current term ended, the Supreme Court provided guidance on the so-called major questions doctrine, a legal theory that can be invoked to challenge an agency rule that has significant economic and political con


Memo
22-126
Wednesday, July 6, 2022

Under a new Executive Order signed by President Biden, federal agencies have been tasked with developing Sexual Orientation/Gender Identity “Action Plans” in a step that could ultimately require employers to collect and report such data to the federa


Memo
22-120
Tuesday, June 28, 2022

In a case of first impression, the Fifth Circuit has ruled that the COVID-19 pandemic is not a “natural disaster” within the meaning of the federal WARN Act that exempts an employer from having to provide employees with advance notice of a covered pl


Memo
22-119
Tuesday, June 21, 2022

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


Memo
22-110
Tuesday, June 7, 2022

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.


Memo
22-099
Wednesday, May 25, 2022

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.


Memo
22-079
Monday, April 25, 2022

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


Memo
22-061
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.


Memo
22-054
Tuesday, March 22, 2022

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


Memo
22-043
Thursday, March 3, 2022

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.


Memo
22-008
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.


Memo
22-005
Monday, January 10, 2022

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.


Memo
21-233
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


Memo
21-224
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.


Memo
21-201
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.


Memo
21-199
Monday, October 11, 2021

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


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