State & Local Employment Law Developments: Q3 2023

As we witnessed in Q1 and Q2, state and local governments continued to increase workplace regulations in Q3, including in regard to discrimination and harassment and paid leave. Read our update for an overview of recent and upcoming legislative developments to help you and your organization stay in compliance.

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Federal Government Shutdown Would Affect Some Immigration Processing

With Congress deadlocked on passing needed budget legislation, it is looking increasingly likely that there will be a federal government shutdown at midnight on September 30, 2023. The shutdown will affect some federal agencies involved in immigration processes. It is impossible to know how long a shutdown would last. Historically, shutdowns have lasted from a few days to a few weeks.

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Youth Mobility Scheme: An Opportunity to Live and Work in the UK for Two Years

 The Youth Mobility Scheme visa is a flexible, short-term visa for applicants who want to stay in the United Kingdom for up to two years. Unlike other forms of UK visas, it does not require sponsorship from an employer. The applicant also does not need to have any intention to work or study in the UK, although they are permitted to, subject to a few exceptions.

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Update on Post-SFFA Challenges to DEI Initiatives: Law Firm Fellowship Programs in the Crosshairs

Since the U.S. Supreme Court’s decision in Students for Fair Admissions vs. Harvard, the American Alliance for Equal Rights has now sued two large law firms for alleged violations of Section 1981 of the Civil Rights Act of 1866 over their fellowship programs offered to law students. Despite the Alliance’s complaints referencing gender, LGTBQ+ status and/or disability, the claims are limited to Section 1981 which addresses only racial discrimination in the fellowship programs.

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Supply and Service Federal Contractors and Subcontractors Should Immediately Review the OFCCP’s Second 2023 Pre-Audit Corporate Scheduling Announcement List

On September 8, 2023, the Office of Federal Contractor Compliance Programs (OFCCP) released its second Corporate Scheduling Announcement (CSAL) of the year. Federal contractors should immediately review the 2023 CSAL because it serves as the only advance notification to contractors of upcoming audits.

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OFCCP’s New Supply and Service Scheduling Letter Significantly Increases Audit Scope

On August 25, 2023, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced that it has updated its Supply and Service Scheduling Letter and Itemized Listing (Scheduling Letter). According to the OFCCP’s announcement, the updated Scheduling Letter “encourages contractors to submit information electronically, clarifies existing requirements, and requests new information that will allow OFCCP to better assess compliance.”

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