Insights

February 26, 2024
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Category: Compensation

OFCCP Publishes FAQs on Using Pay History in Making Employment Decisions

As part of the Biden administration’s effort to keep pay equity in the forefront as a domestic policy priority, the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has published a set of 10 Frequently Asked Questions (FAQs) that reiterate longstanding employment law principles on the role of pay history in employment decisions. OFCCP issued the FAQs on January...
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February 26, 2024
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Category: State and Local Law

CWC Interstate: February 2024 Update

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, presents its latest update of workplace-related state and local developments that have occurred since its December 2023 Interstate memo and the 2023 round-up that it published in January. Many of the laws discussed relate to new state or local provisions regarding paid leave and pay transparency. CWC members can read...
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February 22, 2024
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Category: Compliance Reporting and Recordkeeping

CWC’s Filing Guide for California’s 2023 Pay Data Reporting Requirements

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has updated its guide for meeting California’s annual pay data reporting requirements. The new version covers the rules for filing 2023 calendar year data, which must be submitted to California’s Civil Rights Department (CRD) by May 8, 2024. CWC’s guide provides tips on identifying the data that must be...
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February 21, 2024
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Category: Agency Enforcement

Inflation Fuels Higher Civil Penalties for Federal Workplace Law Violations in 2024

To account for inflation, various federal workplace enforcement agencies recently raised the civil penalties they charge. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the Inflation Adjustment Act) mandates these yearly adjustments. This memo details employment- and immigration-related penalty increases announced by the Department of Labor (DOL), the Equal Employment Opportunity Commission (EEOC), and the Department of...
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February 21, 2024
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Category: Supreme Court

Supreme Court Rules SOX Does Not Require Whistleblower To Show “Retaliatory Intent”

A whistleblower claiming unlawful retaliation under the Sarbanes-Oxley (SOX) Act does not need to show that the employer acted with retaliatory intent to establish a valid claim, the U.S. Supreme Court ruled February 8, 2024. Instead, a plaintiff need show only that the protected activity was a contributing factor to the adverse action. The burden then shifts back to the...
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February 20, 2024
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Category: Discrimination and Harassment

EEOC Revises Procedural Regulations To Incorporate Pregnant Workers Fairness Act

The U.S. Equal Employment Opportunity Commission (EEOC) has published an interim final rule (IFR) that revises its procedural and administrative regulations to account for the Pregnant Workers Fairness Act (PWFA), which took effect in June 2023. The IFR essentially applies EEOC’s existing procedural and administrative rules for Title VII and the other laws that EEOC enforces to the PWFA. The...
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February 15, 2024
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Category: Comment Letter

CWC’s Comments to OFCCP Urge Burden-Easing Changes to Contractor Portal

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has filed written comments with the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) urging it to reduce the compliance burden posed by its contractor portal. CWC’s comments responded to the agency’s announced intent to seek  approval from the White House Office of Management and Budget (OMB) to...
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February 14, 2024
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Category: Agency Enforcement

What’s With the Big Increase Recently in EEOC “Commissioner Charges”?

Enforcement data recently released by the Equal Employment Opportunity Commission (EEOC) show that Commissioners once again heavily used their authority to launch discrimination investigations by filing Commissioner charges. Commissioners filed 35 new Commissioner charges in FY 2023, eclipsing last year’s 20-year record of 29 such charges and wildly surpassing the three Commissioner charges filed in each of FY 2020 and...
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February 12, 2024
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Category: Labor Relations

Constitutionality of the National Labor Relations Board Challenged in Recent Litigation

Even though the National Labor Relations Board (NLRB or Board) has been around for almost 90 years, two companies are now pursuing litigation questioning the agency’s constitutionality. The National Labor Relations Act (NLRA) created the NLRB in 1935, and the Board has issued thousands of administrative rulings since then. Nevertheless, SpaceX and Trader Joe’s are challenging the Board’s very constitutionality...
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February 12, 2024
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Category: Congress

U.S. Senate Rejects Employment-Related Immigration Reforms

A bipartisan effort in the U.S. Senate to address immigration issues, including some significant employment-related changes, fizzled last week  while attached to a military assistance spending bill for Ukraine and Israel. Although the Senate’s failure to approve the immigration changes stifled any chances for meaningful reform this year, the willingness of a group of Senators from both sides of the...
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