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OFCCP Acting Director Hodge Outlines Enforcement for Federal Contractors

Office of Federal Contract Compliance Programs (OFCCP) Acting Director Michele Hodge spoke on July 30, 2024, to a live audience at the 2024 National Industry Liaison Group (NILG) Conference in Orlando, Florida. As part of her...more

OFCCP Publishes New Corporate Scheduling Announcement List Targeting Larger Affirmative Action Programs for New Audits

On June 7, 2024, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published its latest Corporate Scheduling Announcement List (CSAL) for supply and service contractors, designating 500...more

District of Columbia Enacts New Pay Transparency Law

On Jan. 12, 2024, Washington, D.C. Mayor Muriel Bowser signed a new pay transparency act. The act takes effect on June 30, 2024, and requires D.C. employers to post salary ranges and benefits information for open positions,...more

OFCCP Publishes Fall Corporate Scheduling Announcement List of Federal Contractor Audit Targets

On Sept. 8, 2023, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published its latest Corporate Scheduling Announcement List (CSAL) for supply and service contractors, designating 1,000...more

OFCCP Updates Audit Scheduling Letter and Itemized Listing for Federal Contractors

On Aug. 25, 2023, the Office of Federal Contract Compliance Programs (OFCCP) announced that the federal Office of Management and Budget had approved a new version of OFCCP’s scheduling letter and itemized listing. Such forms...more

New Regulations Increase Risk of OFCCP Systemic Discrimination Allegations

On Aug. 4, 2023, the Office of Federal Contract Compliance Programs (OFCCP) promulgated a final rule that eliminated self-imposed regulatory standards for making allegations of systemic discrimination against federal...more

Federal Trade Commission Proposes to Bar Almost All Non-Compete Agreements in Contracts With Workers

On Jan. 5, 2023, the Federal Trade Commission proposed a new rule that would ban non-compete agreements between employers and workers in most circumstances and require employers to rescind any existing non-compete agreements...more

D.C. Voters Approve Eliminating the Tip Credit System

On Nov. 8, 2022, Washington, D.C., voters overwhelmingly approved "Initiative 82," which, once certified and implemented, will eliminate the tip-credit system in D.C. With this new law, D.C. joins the ranks of seven states...more

Signed Into Law: Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act

On March 3, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. The new law invalidates pre-dispute arbitration agreements and class and collective waivers for sexual...more

D.C. Modifies the Paid Family Leave and Local FMLA Laws

On Oct. 1, 2021, the D.C. City Council expanded the local Paid Family Leave law and the D.C. Family and Medical Leave Act (D.C. FMLA). The new laws entitle employees to three times as much paid medical leave and a new...more

D.C. Creates Rights for Workers Displaced by COVID-19 or Affected by Certain Business Changes

As a result of a Washington, D.C., law passed Jan. 13, 2021, certain D.C. employees displaced during the COVID-19 pandemic will gain reinstatement rights as their former positions become available. The law also gives certain...more

U.S. Department of Labor Issues Opinion Letter on Workdays Split Between Home and Office

Responding to the ubiquity of remote work amid the pandemic, on Dec. 31, 2020, the U.S. Department of Labor’s Wage and Hour Division (FLSA2020-19) issued an opinion letter regarding the compensability of travel time when...more

U.S. Department of Labor Issues New Wage and Hour Opinion Letters

On Nov. 3, 2020, the U.S. Department of Labor’s Wage and Hour Division issued two additional opinion letters regarding what constitutes “work time” under the Fair Labor Standards Act (FLSA). The first opinion letter analyzes...more

Labor Department Updates Families First Coronavirus Response Act Regulations

As previously reported, the Families First Coronavirus Response Act (FFCRA) requires private employers with fewer than 500 employees (and state/local government employers regardless of size) to provide special paid emergency...more

D.C. Implements Laws Mandating Workplace Training, Notices and Sexual Harassment Reporting

In 2018, the District of Columbia passed the Tipped Wage Workers Fairness Amendment Act to accomplish a number of goals, including the repeal of Initiative No. 77, a referendum that would have eliminated the tip credit system...more

New D.C. Law Requires Employers to Adopt COVID-19 Safety Policies

On Aug. 13, 2020, the District of Columbia enacted the Protecting Businesses and Workers from COVID-19 Emergency Amendment Act of 2020. The new law requires D.C. employers to implement social distancing and worker protection...more

D.C. Will Require Paid Leave and Excused Absences for Voters

On April 27, 2020, the District of Columbia enacted the Leave to Vote Amendment Act of 2020. Once the D.C. government funds the new law, it will grant all D.C. employees paid leave to vote in person and will grant students a...more

COVID-19: D.C. Amends Sick and Safe Leave Law to Align With FFCRA

On April 10, 2020, the District of Columbia passed Act 23-286, the COVID-19 Response Supplemental Emergency Amendment Act of 2020. Among many other things, the new law amends the D.C. Accrued Sick and Safe Leave Act...more

DOL Issues Families First Coronavirus Response Act Leave Regulations For Employers

On April 1, 2020, the U.S. Department of Labor (DOL) unveiled new temporary regulations for employers regarding compliance with the paid leave requirements of the new Families First Coronavirus Response Act (FFCRA)...more

COVID-19: D.C. Expands FMLA To Include “Declaration Of Emergency” Leave

On March 17, 2020, the District of Columbia amended the D.C. Family and Medical Leave Act to create a new category of protected leave, called “Declaration of Emergency Leave.” This amendment affects every employer with at...more

Supreme Court Holds Internal Complainants Are Not Dodd-Frank Whistleblowers

In an important case clarifying the scope of the anti-retaliation provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act, the U.S. Supreme Court held on Feb. 21, 2018, that the law unambiguously requires...more

Supreme Court Holds Internal Complainants Are Not Dodd-Frank Whistleblowers

In an important case clarifying the scope of the anti-retaliation provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act, the U.S. Supreme Court held on Feb. 21, 2018, that the law unambiguously requires...more

Maryland Adopts Paid Sick and Safe Leave Law

On Jan. 12, 2018, the Maryland General Assembly overrode Gov. Larry Hogan’s 2017 veto of the Maryland Healthy Working Families Act, which requires employers in the state to permit employees to earn and use sick and safe...more

Trend Continues to “Ban the Box” for Employment Criminal Background Checks

As previously discussed in a September 5, 2014 Legal Alert, the movement to limit the extent to which employers may request and consider applicants’ and employees’ criminal histories continues to gain momentum. In the last...more

The “Protected Activity” Prong of a Prima Facie Retaliation Claim

Courts increasingly scrutinize the “protected activity” prong of a plaintiff’s prima facie retaliation claim under Title VII of the Civil Rights Act of 1964 and other, similar anti-discrimination laws. ...more

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