DirectEmployers Blog

OFCCP Week In Review: July 29, 2024

OFCCP Week In Review: July 22, 2024

  • Court Held That Workday Was an “Agent” to Employers Licensing its AI Applicant Screening Tools: Other Bases of Potential Liability Rejected
  • EEOC Commissioner Sonderling Announced His Departure
  • NLRB Voluntarily Asked Fifth Circuit to Dismiss its Appeal of Lower Court Ruling That Struck Down Board’s Joint Employer Rule: Shenanigans Afoot
  • Looking Ahead: Upcoming Date Reminders
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OFCCP Week In Review: July 29, 2024

OFCCP Week In Review: July 15, 2024

  • New Hampshire Became 26th State to Enact its Version of Model CROWN Act
  • Second Opportunity to Comment on Proposed Resurrection of Construction Contractor Monthly (CC-257) Employment Utilization Reports
  • U.S. Census Bureau Requested Public Comments on ACS Timeline for Implementing Updated Directive on Race & Ethnicity Data Standards
  • Looking Ahead: Upcoming Date Reminders
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New Hampshire Became 26th State to Enact its Version of Model CROWN Act

SCOTUS’ Retirement of “Chevron Doctrine” Has Exposed Vulnerability of OFCCP’s Overreaching Interpretations of Some of its Rules

Three things became almost immediately apparent following the U.S. Supreme Court’s (“SCOTUS”) retirement 10 days ago of its 40-year-old fling with the so-called “Chevron Doctrine.” (If you missed the SCOTUS’ Loper Bright Enterprises v. Raimondo decision (“Loper...

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OFCCP Week In Review: July 29, 2024

OFCCP Week In Review: July 8, 2024

  • SCOTUS’ Retirement of “Chevron Doctrine” Has Exposed Vulnerability of OFCCP’s Overreaching Interpretations of Some of its Rules
  • With Exception for the Texas State Government, USDOL Overtime Rule Took Effect
  • OSHA Unveiled Proposed Rule on First-Ever National Heat Standard
  • JOLTS Report – Job Openings Increased by 221k in May, Rate Increased Slightly to 4.9%: State & Federal Government Employers Led Job Openings
  • U.S. Economy Added 206k Jobs in June, Unemployment Rate Edged Up to 4.1%
  • Spring 2024 Regulatory Agenda Revealed EEOC’s Plan to Propose Employer Pay Data Collection in January 2025
  • In Brief
  • Looking Ahead: Upcoming Date Reminders
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OFCCP Week In Review: July 29, 2024

OFCCP Week in Review: July 1, 2024

  • Federal Judge Temporarily Blocked Portions of USDOL Rule Setting New Formula for Prevailing Wages on Federal Construction Projects
  • It’s All Over but the Shouting: OFCCP Must Shut Down its Administrative Court Prosecutions as a Result of SCOTUS’ SEC Jury Trial Case Decision
  • U.S. Supreme Court Dissolved Decades-Old Precedent Giving Court Deference to Federal Agency Interpretations of The Laws They Enforce
  • In Brief
  • New Publications
  • Looking Ahead: Upcoming Date Reminders
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New Hampshire Became 26th State to Enact its Version of Model CROWN Act

It’s All Over but the Shouting: OFCCP Must Shut Down its Administrative Court Prosecutions as a Result of SCOTUS’ SEC Jury Trial Case Decision

But it’s Complicated. And, of course, OFCCP’s Enforcement Scheme will “not go gentle into that good night.” The case decision is Securities & Exchange Commission v. Jarkesy  (Case No.  22-859; i.e., “SEC decision”). The Seventh Amendment (passed in 1791) to the...

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