News & Analysis as of September 22, 2024

Hiring & Firing › Public Comment

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

OFCCP Week In Review: June 2024

DirectEmployers Association on 6/4/2024

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment,... - EEOC’s $22 Million Settlement with the Social Security - Administration is a...more

DE Under 3: OFCCP Resurrects Proposal for Monthly CC-257 Employment Utilization Reports for Construction Contractors

DirectEmployers Association on 2/26/2024

In today's DE Under 3, our experts discuss how OFCCP is seeking public comments regarding its sudden proposal to obtain approval from the Office of Management and Budget (OMB) to resurrect, with changes, a so-called Monthly...more

Federal Contractors Would Need to Display Salary Ranges Under Proposed Pay Transparency Rule: Here’s What You Need to Know

Fisher Phillips on 2/15/2024

The Biden administration recently announced new pay transparency measures intending to reduce wage gaps based on gender and race. The White House unveiled these new efforts on January 29, which marked the 15th anniversary of...more

OFCCP Week In Review: January 2024 #4

DirectEmployers Association on 1/22/2024

Wednesday, January 17, 2024: Conservative Activist Group Filed Complaints with OFCCP Alleging Prominent Airlines’ DEI Programs Violated Their Federal Contracts - “Doubling down” on its new tactic, America First Legal...more

A Modern Approach: USCIS Proposes to Update the H-1B Program

Akerman LLP - HR Defense on 12/12/2023

USCIS is proposing to modernize the H-1B visa program by streamlining eligibility requirements, improving program efficiency, providing greater benefits and flexibilities for employers and workers, and strengthening integrity...more

DHS Issues Proposed Rule to Modernize the H-1B Specialty Occupation Worker Program

Littler on 11/8/2023

On October 23, 2023, the Department of Homeland Security (DHS) released a Notice of Proposed Rulemaking (NPRM), which the agency indicates will modernize and improve the H-1B specialty occupation worker program. DHS states...more

Behind the EEOC Curtain: EEOC’s New Strategic Enforcement Plan Reveals Agency Priorities

Seyfarth Shaw LLP on 9/22/2023

Seyfarth Synopsis: An essential read for any employer, the EEOC’s final Strategic Enforcement Plan (SEP), was released on September 21, 2023. The SEP identifies the agency’s enforcement priorities for the next five years,...more

5 Key Takeaways for New Jersey Employers and Staffing Agencies as State Issues Proposed Regulations for Sweeping Temp Labor Law

Fisher Phillips on 8/16/2023

New Jersey employers that rely on temporary labor are one step closer to fully understanding the contours of the groundbreaking temp worker rights law that recently took effect now that state regulators have released proposed...more

EEOC Proposes Regulations for Implementing the Pregnant Workers Fairness Act

Foley Hoag LLP on 8/14/2023

On August 7, 2023, the EEOC issued a Notice of Proposed Rulemaking containing its proposed regulations for implementing the PWFA. The PWFA was signed into law by President Biden on December 29, 2022 and went into effect on...more

Workplace Law Update: 22 Essential Items on Your August To-Do List

Fisher Phillips on 8/7/2023

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

OFCCP Week In Review: March 2023 #2

DirectEmployers Association on 3/13/2023

Wednesday, March 8, 2023: OFCCP Requested Public Comments (Again) on OFCCP’s Job Listing, AAP, “Benchmarks for hiring” and Self-ID for Protected Veterans - Two mysteries remain unexplained - OFCCP published a follow-up...more

FTC Extends Comment Deadline on Noncompete Rule

Brownstein Hyatt Farber Schreck on 3/8/2023

Comments on the Federal Trade Commission’s proposed noncompete clause rulemaking will now be accepted until April 19. The FTC voted 4-0 yesterday to extend the public comment window by roughly 30 days; it was initially set to...more

Frequently Asked Questions About the FTC’s Proposal to Ban Non-Compete Agreements

Fisher Phillips on 1/23/2023

When the federal government proposed a rule that would ban most non-competition agreements, many employers lined up with questions and concerns about the scope of the proposal and what it might mean for their day-to-day...more

A Recent Proposed Change In The Law Embraces A Broader Standard For Determining Who Is An ‘Employer’ In Kentucky

Fisher Phillips on 1/20/2023

More businesses in Kentucky may be considered “joint employers” if a proposed change that appears to broaden the test for an employment relationship is finalized. In recent years, courts and administrative agencies have used...more

Passing the Buck: Feds Propose Increasing Workplace Immigration Fees

Fisher Phillips on 1/12/2023

Employers in the U.S. would face significant increases in filing fees for many employment-based petitions under a recent USCIS proposal. The changes would place the burden on employers to cover the cost of processing complex...more

NLRB Prepares To Issue New Joint Employer Standard in 2023

Perkins Coie on 12/29/2022

The National Labor Relations Board (the Board) released its notice of proposed rulemaking (Proposed Rule) to establish a new “joint employer” legal standard under the National Labor Relations Act (NLRA) on September 6, 2022....more

Enforcement of NYC AI Audit Law Delayed Until April 15, 2023

Davis Wright Tremaine LLP on 12/20/2022

Earlier this week, the New York City Department of Consumer and Worker Protections (DCWP) announced that it would delay enforcement of the New York City AI audit law from January 1, 2023, to April 15, 2023....more

New York City’s Automated Employment Decision Tools Law Enforcement Postponed Until April 15, 2023

Epstein Becker & Green on 12/14/2022

As we previously noted, New York City’s Automated Employment Decision Tools Law (“AEDT Law”), regulating employers’ use of automated employment decision tools, with the aim of curbing bias in hiring and promotions, had an...more

Transportation and Supply Chain Snapshot: NLRB’s Proposed Joint Employer Rule Will Pose New Challenges for Employers

Fisher Phillips on 11/10/2022

This FP Transportation and Supply Chain Snapshot is intended to ensure industry employers are aware of an impending rule from the National Labor Relations Board that could upend the way you do business. The agency is seeking...more

Labor Department Proposes to Rescind Flexible Independent Contractor Test and Re-Impose Outdated Standard: 5 Key Questions

Fisher Phillips on 10/12/2022

Any business that retains independent contractors as part of their workforce may have a harder time maintaining their business model under a proposed rule that the U.S. Department of Labor (DOL) just released yesterday. The...more

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Hiring & Firing › Public Comment

OFCCP Week In Review: June 2024

DE Under 3: OFCCP Resurrects Proposal for Monthly CC-257 Employment Utilization Reports for Construction Contractors

Federal Contractors Would Need to Display Salary Ranges Under Proposed Pay Transparency Rule: Here’s What You Need to Know

OFCCP Week In Review: January 2024 #4

A Modern Approach: USCIS Proposes to Update the H-1B Program

DHS Issues Proposed Rule to Modernize the H-1B Specialty Occupation Worker Program

Behind the EEOC Curtain: EEOC’s New Strategic Enforcement Plan Reveals Agency Priorities

5 Key Takeaways for New Jersey Employers and Staffing Agencies as State Issues Proposed Regulations for Sweeping Temp Labor Law

EEOC Proposes Regulations for Implementing the Pregnant Workers Fairness Act

Workplace Law Update: 22 Essential Items on Your August To-Do List

OFCCP Week In Review: March 2023 #2

FTC Extends Comment Deadline on Noncompete Rule

Top Workplace Law Stories You May Have Missed from February 2023

Frequently Asked Questions About the FTC’s Proposal to Ban Non-Compete Agreements

A Recent Proposed Change In The Law Embraces A Broader Standard For Determining Who Is An ‘Employer’ In Kentucky

Passing the Buck: Feds Propose Increasing Workplace Immigration Fees

NLRB Prepares To Issue New Joint Employer Standard in 2023

Enforcement of NYC AI Audit Law Delayed Until April 15, 2023

New York City’s Automated Employment Decision Tools Law Enforcement Postponed Until April 15, 2023

Transportation and Supply Chain Snapshot: NLRB’s Proposed Joint Employer Rule Will Pose New Challenges for Employers

Labor Department Proposes to Rescind Flexible Independent Contractor Test and Re-Impose Outdated Standard: 5 Key Questions

NLRB Proposes New Joint Employer Rule

New Proposed Rules on New York City Law to Regulate Use of Automated Hiring Tools

Trucking Industry Group Seeks to Conduct Drug Screening Utilizing Hair Testing

OFCCP Week In Review: September 2022 #3

Hiring & Firing › Public Comment

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