Earlier this month, President Biden released his COVID-19 Action Plan, Path Out of the Pandemic (Plan) with the stated goal of getting more people vaccinated.¹ As part of the Plan, President Biden signed Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors (Order).

Meredith Shoop talks about the Affirmative Action Program Verification Interface where covered federal contractors can upload their affirmative action plans for review.

Government Executive

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On September 9, 2021, President Biden signed Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors (“Order”), which directed the executive agencies to begin amending federal contracts to require federal contractors to take specific actions to combat COVID-19 and to, in turn, require covered subcontractors to take the same actions (the federal contractor COVID-19 workplace

On March 31, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a new Directive 2022-02.  Its stated purpose is to provide “transparency on OFCCP’s compliance evaluation policies and expectations for contractors”—but upon review, it appears to be a retreat from the standards of transparency, certainty, and efficiency that guided OFCCP from 2017 through 2020.  The new directive radically alters OFCCP’s approach toward compliance reviews and removes guardrails that had been put in place t

Alecia Winfield explains what diversity means in corporate America and says the ‘Black Lives Matter’ protests fueled a drive for change in corporate America, similar to that of the #MeToo movement. 

Apparel Resources

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On January 20, 2023, the Office of Federal Contract Compliance Programs (OFCCP) published its FY 2023 Corporate Scheduling Announcement List (CSAL) for supply and service contractors. The CSAL includes 452 establishment reviews, 24 Corporate Management Compliance Evaluation reviews, and 24 Functional Affirmative Action Program (FAAP) reviews.

In December 2021, the Office of Federal Contract Compliance Programs (OFCCP) implemented a new requirement that all covered federal contractors and subcontractors annually certify that they have current affirmative action plans in place for each of their establishments or functional units as applicable.  The Process for Certification, which was to be made through a new Contractor Portal, was rolled out over a five-month period beginning on February

On June 5, 2023, the Office of Federal Contract Compliance Programs (OFCCP) published its FY 2023 Construction Corporate Scheduling Announcement List (CSAL). The CSAL includes 250 employers that OFCCP has identified as federal or federally assisted construction contractors.

In 2022 the Office of Federal Contract Compliance Programs (OFCCP) began requiring that federal contractors and subcontractors subject to the affirmative action requirements of Executive Order 11246 annually certify that they are meeting their requirement to develop and maintain annual affirmative plans (AAPs).  In rolling out this program, OFCCP warned that covered contractors that failed to certify by a deadline would be at a higher risk for audit.  OFCCP made good on this warning when it published its 2023 Corporate Scheduling Announcement List (CSAL), which is a courtesy notice of cont

On March 29, 2024, the Office of Management and Budget (OMB) published revisions to Statistical Policy Directive No. 15: Standards for Maintaining, Collecting, and Presenting Federal Data on Race and Ethnicity (SPD 15). These changes will impact how companies collect the race and ethnicity data for their federal reporting. 

On June 7, 2024, the Office of Federal Contract Compliance Programs (OFCCP) published its FY 2024 Corporate Scheduling Announcement List (CSAL) for Supply and Service Contractors. The CSAL is a courtesy notification, and the review will start once the establishment receives OFCCP’s Office of Management and Budget (OMB) approved scheduling letter.

Michael Lotito says the Supreme Court’s decision to curb the SEC’s in-house courts may result in challenges for state labor agencies that use a similarly modeled in-house enforcement and appeals process.

Bloomberg Law

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Alexander MacDonald says agencies may have to “regulate more modestly and litigate more often” after the U.S. Supreme Court overruled Chevron.

SHRM Online

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Alex MacDonald says that federal agencies will have to look for new ways to advance their policy positions in the wake of SCOTUS overturning Chevron. 

Corporate Compliance Insights

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Alex MacDonald says the Supreme Court’s decision to overturn Chevron will likely impact regulatory bodies and the employers they oversee.

Corporate Compliance Insights

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Alexander MacDonald says that in the wake of Chevron, existing regulations will not be thrown out, but there will be closer scrutiny over regulations, and there may be fewer of them to come.

HR Dive

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Kathryn Siegel, Rachel Satinsky and Dru Selden assess the current landscape of restrictive covenants and the trend of federal agencies and states toward limiting noncompete provisions.

Law360

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Alex MacDonald says the NLRB's judges aren’t necessarily the sort of officers whom the president has the power to remove under Jarkesy and Supreme Court precedents.

Law360 Employment Authority

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Alex MacDonald discusses recent court decisions that criticized the way the NLRB operates and that could transform American labor law.

Washington Legal Foundation

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Melissa McDonagh said employers should continue to be thoughtful with their approach to noncompete agreements, ensuring compliance with existing state laws and monitoring the status of the FTC noncompete rule as it winds its way through the appellate process.

WorldatWork

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Melissa McDonagh said employers should continue to be thoughtful with their approach to noncompete agreements, ensuring compliance with existing state laws and monitoring the status of the FTC noncompete rule as it winds its way through the appellate process.

McKnights Senior Living

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Alexander MacDonald discusses the filing of an amicus brief with the U.S. Supreme Court asking the court to clarify a prior 1984 decision which, if successful, could weaken a new form of “exclusive representation” for unions.

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David Gartenberg said he is worried about the fact that the rule leaves the FAMLI benefits out of alignment with unpaid Family and Medical Leave benefits allowed under federal law. 

The Sum & Substance

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Stephen T. Melnick talks about a new bill that proposes to give a tax credit to businesses in Massachusetts that join a pilot program to explore the possible benefits of a shorter workweek.

WorldatWork

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In France, profit-sharing is the new black. After years of statutory value-sharing bonuses (starting in 2018) and the introduction of compulsory profit-sharing schemes in companies with at least 50 employees (since 2020), the government encouraged trade unions to finalize a national and intersectoral collective bargaining agreement (CBA) on the subject of profit-sharing. This led to a CBA signed in February 2023. The new Profit-Sharing Act of November 19, 2023 transposes this CBA into law and adds some new provisions.

The Supreme Court has ruled that transgender people are protected under the Civil Rights Act, and so Joycelyn Stevenson and Sarah Belchic say employers need to ensure that their health care plans are inclusive.

The Tennessean

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Ellen Donovan McCann, Alice Kokodis and Jim Paretti explain the Massachusetts Department of Family and Medical Leave’s new, more employer-friendly guidance.

SHRM Online

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As Washington, D.C., prepares to join a growing group of state and local jurisdictions requiring pay transparency in job postings and recruiting practices, Joy Rosenquist comments on how the D.C. law is different. 

WorldatWork

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In November 2023, soon after Illinois Governor JB Pritzker signed amendments to the Illinois Day and Temporary Labor Services Act (the “Act”), several staffing agencies and associations sued for an injunction against enforcement of certain provisions of the Act.  In Staffing Services Association of Illinois v. Flanagan, Case No. 23-CV-16208, these parties claimed that Sections 11, 42, and 67 of the Act were preempted by the National Labor Relations Act (NLRA), the Employee Retirement Income Security Act of 1974 (ERISA) and the due process clauses of the U.S.

Oregon’s Paid Family and Medical Leave Insurance Program (“Paid Leave Oregon”) generally provides eligible employees with up to 12 weeks of paid time off for leave that qualifies as family, medical, or safe leave. Since Paid Leave Oregon took effect on September 3, 2023, employees have been stacking Paid Leave Oregon leave benefits and Oregon Family Leave Act (OFLA) leave benefits, leaving employers frustrated with staffing shortages.

Mark Callaghan says the new UK government should increase Statutory Paternity Pay “in excess of inflation,” because it would benefit businesses and families alike.

People Management

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Anne C. Sanchez and Briana M. Swift explain what employers need to know about the San Francisco Health Care Security Ordinance (HCSO), a local ordinance that requires employers to make certain healthcare expenditures on behalf of their San Francisco-based employees.

SHRM

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Chelsea Lewis provides recommendations for navigating the challenges that may arise when customers or clients refuse to abide by COVID-19 mandates.

ACC South Florida

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Compliance or internal audit departments frequently carry out audits intended to assure that business partners in an organization, such as human resources or legal departments, have in place policies and procedures that are effective for maintaining corporate compliance and consistent with the myriad laws with which the organization must comply, including employment, whistleblower, and anti-bribery and corruption.  These reviews are often not confined to policies but may also seek review of actual compliance events and sensitive contemporaneous records.  For example, in the case of an inte

Kimberly J. Dowd, Chelsea Lewis and Kameron Miller explain the meaning of “allyship” and how it can be applied in the workplace. 

ACC North Florida

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This year has seen a number of international and regional legislative efforts imposing human rights due diligence and transparency obligations on multinational employers. 

On December 29, 2022, President Biden signed a new whistleblower law that significantly increases the risk and cost of whistleblower claims for domestic and overseas financial services institutions that must be cognizant of anti-money laundering (AML) laws and regulations. This covers 26 categories of institutions, including banks, branches and agencies of foreign banks, broker-dealers, insurance companies, operators of credit card systems, mutual funds, certain casinos, and travel agencies.