OFCCP Releases New Audit List for 2023
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- On January 20, 2023, the Office of Federal Contract Compliance Programs (OFCCP) published a list of 500 contractor establishments scheduled to receive advance audit notices known as Corporate Scheduling Announcement Letters (CSALs). CSALs are courtesy letters that OFCCP sends to federal contractors and subcontractors... ›
Delaware Court Refuses to Enforce or Blue Pencil Sale of Business Non-compete
By: Eric Akira Tate, Andrew R. Turnbull and Cooper J. Spinelli
20 second read: While courts generally appear to give greater deference to enforcement of sale of business non-competes, at least one Delaware court confirmed that if a court thinks the restrictions go beyond the scope of the business being sold, it may refuse to enforce... ›Department of Labor (“DOL”) Extends Comment Period Deadline for Proposed New Independent Contactor Test
By: Michael Schulman
Interested parties now have until December 13, 2022, to provide comments to the DOL’s proposed rule to codify a six-factor, economic reality test to determine who is an “independent contractor” under the Fair Labor Standards Act (“FLSA”), and thus not subject to minimum wage... ›New Requirements for Employment Agreements in Europe
By: Hanno Timner, Christin Dunkel, Oliver Spratt and Lara M. King
Following the enactment of the Directive on Transparent and Predictable Working Conditions (the “ Directive ”), EU Member States have had to implement into their national laws additional information obligations on employers. The deadline for the transposition of the Directive into national law was... ›California Adds to the Trend of States Requiring Greater Pay Transparency
By: Andrew R. Turnbull and Sadé V. Tidwell
On September 27, 2022, California’s Governor signed S.B. 1162, making significant changes to California’s existing pay transparency and reporting laws and joining the growing trend of jurisdictions requiring companies to disclose their pay ranges in job postings. Starting in 2023, S.B. 1162 adds several... ›- - OFCCP
OFCCP Extends Deadline to Object to FOIA Request for EEO-1 Reports
By: Andrew R. Turnbull and Sadé V. Tidwell
On September 15, 2022, OFCCP announced that it is extending the September 19, 2022 deadline for contractors to object to Type 2 EEO-1 Reports in response to the Freedom of Information Act (FOIA) request by the Center for Investigative Reporting (CIR). OFCCP extended the... › - - OFCCP
OFCCP’s Revised Directive Softens on Seeking Privileged Pay Analysis
By: Andrew R. Turnbull
On August 18, 2022, OFCCP issued a revised Directive 2022-01 (the “Revised Directive”) clarifying that contractors will not be required to provide any privileged pay analysis conducted for purposes of compliance with 41 C.F.R. § 60-2.17(b)(3). Although OFCCP’s clarification is welcome news for contractors,... › California Supreme Court Poised to Address the Issue of PAGA Standing Post-Viking River
By: Lauren Renee Leibovitch
As we previously reported , the United States Supreme Court in Viking River Cruises, Inc. v. Moriana , (2022) 142 S. Ct. 1906, delivered a victory for California employers. The high court held that employers can compel arbitration of a plaintiff’s individual claim under the... ›DOJ and FTC Enter Separate MOUs with the NLRB to Collaborate on Worker Protections and Competition in U.S. Labor Markets
By: Andrew R. Turnbull, Megan E. Gerking, Sydney K. Cooper and Rob Manoso
In the latest employment-related collaborations under President Biden, the U.S. Department of Justice Antitrust Division (“DOJ”) and Federal Trade Commission (“FTC”) both recently announced new partnerships with the National Labor Relations Board (“NLRB”), with the aim of coordinating their policy and enforcement initiatives to... ›Employer Take Home Test: California Supreme Court to Consider Employer Liability for So-Called Take Home COVID-19
COVID-19-related litigation remains on the frontline as the California Supreme Court agreed to decide, in Corby Kuciemba et al. v. Victory Woodworks Inc ., case number S274191, whether employers may be liable for COVID-19 spreading to employees’ households. Background The Kuciemba case stems from... ›