For more than 50 years, the Equal Employment Opportunity Commission has required certain employers to submit annual EEO-1s with workforce demographic data (i.e., number of employees by job category and by sex and race or ethnicity). Additionally, the Office of Federal Contract Compliance Programs regulations require certain federal contractors to file this data as well.

For many, this has been a summer of strikes. Beyond the high-profile, ongoing strike of Hollywood writers and actors, union actions have secured outcomes like substantial pay increases for UPS drivers and commercial air pilots. A major strike of autoworkers now looms. Despite indicators pointing to a labor market that is loosening after historic post-pandemic

The DOL issued a Notice of Proposed Rulemaking proposing, among other things, to increase the salary threshold for white-collar overtime exemptions. You may recall that there was a lot of discussion about this back in 2016 when the DOL proposed a rule raising the threshold from $23,660 to $47,476. Litigation ensued, and a court held

“Excessive.” “Feels Like.” “Heat Dome.” All of these words and phrases come up in almost every conversation these days. With another summer of record heat upon us, OSHA continues to move forward with a proposed heat standard. OSHA just last week reopened the official comment period for its proposed rule, which will now extend through

If you are an employer covered by the federal Fifth Circuit (Texas, Louisiana and Mississippi), you are probably familiar with the “ultimate employment decision” standard: In determining whether an employee suffered an adverse action under Title VII, you look to only “ultimate” decisions (e.g., hiring, termination, non-promotion). The landscape has just changed. In

Recently the U.S. Department of Labor (DOL) issued a final rule that provides, among many other things (the rule is more than 700 pages long), (1) an update to the formula DOL uses to set “prevailing wages” under the Davis-Bacon Act and related regulations, (2) enforcement options for DOL to penalize employers for retaliation, and

We promised to keep you updated with the EEOC’s proposed regulations for the Pregnant Workers Fairness Act (PFWA). Per its website, the EEOC is publishing the proposed regulation on August 11, 2023, and you have until October 10 to provide input. 

A Note Regarding Public Comment  

Earlier this week, the EEOC posted a Notice

This week, the Department of Homeland Security (DHS) issued a new final rule on the Form I-9 process. Under the new rule, the DHS Secretary may authorize alternative Form I-9 documentation examination procedures that do not require an employer to physically examine an employee’s documents in person. These alternative procedures can be authorized as part

Are PhD students at a private university who also teach courses and grade papers – tasks that are a part of their development but also certainly assist the university – employees who can unionize?  The NLRB said yes for a second time. This trend that allows unionization of employees who were once thought to be