Connie Bertram

Connie Bertram

Proskauer Rose LLP

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BREAKING: FAR Council Publishes Final Rule On Fair Pay and Safe Workplaces (“Blacklisting”) Executive Order

Today, the Federal Acquisition Regulation Council (“FAR Council”) published the final rule regarding the Fair Pay and Safe Workplaces Executive Order (the “Order”), better known as the “blacklisting” rule.  ...more

8/24/2016 - Arbitration Bids Blacklist Competitive Bidding Fair Pay and Safe Workplaces Federal Acquisition Regulations (FAR) Federal Contractors Final Rules Labor Law Violations Pay Transparency

Proskauer Attends And Presents At The Industry Liaison Group’s National Conference

From August 3-5, the Industry Liaison Group, a community of government contractors and members of the government contractor community, held its National Conference in Charlotte, North Carolina. The event featured various...more

8/16/2016 - Disclosure Requirements Executive Orders Fair Pay and Safe Workplaces Federal Contractors Labor Law Violations Pay Transparency Professional Conferences Proposed Regulation Reporting Requirements

New Sex Discrimination Guidelines Take Effect August 15, 2016

We have previously written about the updated sex discrimination guidelines recently published by OFCCP. Among other mandates, the guidelines require federal government contractors to provide paternity leave on an equal basis...more

8/5/2016 - Employee Handbooks Employment Discrimination Federal Contractors Gender Identity Maternity Leave OFCCP Paternity Leave Sex Discrimination

EEOC Announces Revised EEO-1 Rule

The EEOC published its revised EEO-1 Rule, responding to a number of comments submitted following the issuance of its proposed rule in February 2016. As a reminder, the EEOC proposed revising its EEO-1 report to require...more

7/14/2016 - Comment Period EEO-1 EEOC Gender-Based Pay Discrimination OFCCP Pay Discrimination Proposed Regulation Reporting Requirements W-2 Wage and Hour

NLRB Takes Steps To Facilitate Sharing Of Federal Contractor Labor Law Violations In Anticipation Of The Final Fair Pay And Safe...

In a July 1, 2016 memorandum (OM 16-23), the Office of the General Counsel for the National Labor Relations Board (“NLRB”) announced that it was beginning to take steps to comply with the Fair Pay and Safe Workplaces...more

7/7/2016 - Data-Sharing Executive Orders Fair Pay and Safe Workplaces Federal Contractors Labor Law Violations NLRB NLRB General Counsel Reporting Requirements

OFCCP Renews Compliance Investigation Scheduling Letter

On July 1, 2016, the Office of Federal Contractor Compliance Programs (“OFCCP”) announced that it had renewed its Scheduling Letter and Itemized Listing for use during compliance investigations. The renewal lasts for three...more

7/6/2016 - Confidential Information Contractor Audits DOL Federal Contractors OFCCP Scheduling Letters

OFCCP Announces New Veteran Hiring Benchmark

On June 15, 2016, OFCCP announced its 2016 Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) Benchmark. The new benchmark is 6.9%, slightly lower than the previous year’s 7% benchmark....more

6/17/2016 - Benchmarks Federal Contractors Hiring & Firing Hiring Statistics OFCCP Veterans VEVRAA

OFCCP Publishes Final Rule Modernizing Sex Discrimination Guidelines

For the first time in more than four decades, OFCCP revised its Sex Discrimination Guidelines prohibiting discrimination by government contractors on the basis of sex (the “final rule”). The final rule applies to employers...more

6/16/2016 - Affirmative Action Executive Orders Federal Contractors Final Rules FMLA Gender Discrimination Gender Identity OFCCP Pregnancy Discrimination Sex Discrimination Sexual Harassment Transgender

Obama Administration Publishes Spring Agency Rule List Highlighting Key Dates For Final Publication of Controversial Regulations

The Obama administration has released its Spring Agency Rule List. The list provides updates on the priorities of the Obama administration as it relates to pending rules and regulations. The agenda notes that the Obama...more

5/20/2016 - Disclosure Requirements Executive Orders Fair Pay and Safe Workplaces Federal Contractors Labor Law Violations Obama Administration Presidential Elections Sick Leave Sick Pay Wage and Hour

OMB Approves Revised Directive Regarding Functional Affirmative Action Programs

On April 28, 2016, the U.S. Office of Management and Budget (“OMB”) approved the Depart of Labor’s revised directive regarding Functional Affirmative Action Programs (“FAAP”).  The revised directive amends the procedures for...more

5/13/2016 - Affirmative Action DOL FAAP Federal Contractors OFCCP OMB VEVRAA

Fair Pay And Safe Workplaces Regulations Sent To OMB For Approval

On May 4, 2016, the Office of Management and Budget (“OMB”) received proposed final regulations for the implementation of President Obama’s controversial Fair Pay and Safe Workplaces Executive Order (the “Order”). The Order,...more

5/5/2016 - Barack Obama Competitive Bidding Disclosure Requirements Executive Orders Fair Pay and Safe Workplaces Federal Contractors Final Rules Labor Law Violations OMB

DOL Issues Guidance Regarding Interaction Between Affordable Care Act And Fringe Benefit Requirements Under Service Contract,...

The Davis Bacon Act and the Davis Bacon Related Acts (collectively “DBRA”) and the Service Contract Act (“SCA”) impose additional obligations related to fringe benefits and wages on covered contractors. With the passing of...more

5/2/2016 - Affordable Care Act Applicable Large Employers (ALE) Davis-Bacon Act DOL Federal Contractors Fringe Benefits Health Insurance IRS New Guidance Penalties Service Contract Act Wage and Hour

House Armed Services Committee Adopts Amendment To 2017 National Defense Authorization Act Exempting Defense Contractors From...

On April 28, 2016 the U.S. House of Representatives Armed Services Committee adopted an amendment to the National Defense Authorization Act (the “Amendment”), which would exempt federal defense contractors from compliance...more

5/2/2016 - Congressional Committees Defense Contracts Defense Sector Department of Defense (DOD) Executive Orders Fair Pay and Safe Workplaces Federal Contractors NDAA Proposed Amendments Proposed Regulation

DOL Issues Proposed Rule on Paid Sick Leave for Government Contractors

As we previously reported, the U.S. Department of Labor (“DOL”) released a proposed rule on February 25, 2016 to implement Executive Order 13706, which requires federal contractors and subcontractors to give their workers...more

3/14/2016 - Comment Period DOL Executive Orders Federal Contractors FLSA Paid Leave Sick Leave Subcontractors Wage and Hour

OFCCP Sues B&H for Alleged Discrimination

Last week, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) filed an administrative lawsuit against B&H Foto & Electronics Corporation (“B&H”), a major New York-based electronics...more

3/3/2016 - Federal Contractors OFCCP Permanent Injunctions Race Discrimination Sex Discrimination Suspensions & Debarments

Department of Labor Issues Proposed Rule Implementing Executive Order Requiring Federal Contractors To Provide Employees Paid Sick...

On February 24, 2016, the U.S. Department of Labor released a proposed rule to implement President Obama’s September 7, 2015 Executive Order requiring federal contractors to provide paid sick leave to employees.  The rule is...more

2/24/2016 - Barack Obama DOL Executive Orders Federal Contractors Paid Leave Proposed Regulation Sick Leave

Seventh Circuit Allows Reverse Racism Claims To Proceed Against Contractor

Earlier this week, the Seventh Circuit allowed a Caucasian construction worker to take his reverse racism claims to trial because there were factual disputes about the reason for his termination. The plaintiff, Terry...more

2/5/2016 - Affirmative Action EEOC Federal Contractors Race Discrimination Reverse Discrimination Termination

Proposed EEO-1 Revisions Requiring Production Of Pay Data Published In Federal Register

On February 1, 2016, the U.S. Equal Employment Opportunity Commission’s (“EEOC’s”) proposed revisions to the Employer Information Report (“EEO-1”) were published in the Federal Register With the publication, the EEOC also...more

2/3/2016 - Comment Period EEO-1 EEOC Federal Contractors OFCCP Pay Discrimination Proposed Regulation

President Obama Expected To Announce New EEO-1 Pay Equity Reporting Requirements

On January 29, 2016, President Obama is expected to announce new pay equity reporting requirements that would require employers to disclose information concerning compensation and hours worked with their annual EEO-1 reports....more

2/2/2016 - Comment Period EEO-1 EEOC Federal Contractors OFCCP Reporting Requirements Wage and Hour

Proposed Rule Would Restrict Confidentiality Agreements Between Contractors and Their Employees

On January 22, 2016, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration proposed a new rule that would amend the Federal Acquisition Regulation to implement a section...more

2/1/2016 - Comment Period Confidentiality Agreements Corporate Counsel Federal Acquisition Regulations (FAR) Federal Contractors Fraud Abuse and Waste Notice Requirements Proposed Regulation Subcontractors

New Pay Transparency Rules Go Into Effect January 11, 2016 – OFCCP Offers Webinar To Explain New Obligations

On January 11, 2016, the final rule implementing Executive Order 13665 (the “Order”) goes into effect. The Order prohibits federal contractors from firing or otherwise disciplining employees or job applicants for discussing...more

1/6/2016 - Anti-Discrimination Policies Executive Orders Federal Contractors Final Rules OFCCP Pay Transparency Posting Requirements

Divided Sixth Circuit Dismisses Compliance Officer’s FCA Whistleblower Retaliation Claim

Last week, the U.S. Court of Appeals for the Sixth Circuit rejected a former compliance officer’s whistleblower retaliation claim because she did not establish that she had an objectively reasonable belief that she was...more

11/10/2015 - False Claims Act (FCA) Kickbacks Protected Activity Retaliation Whistleblowers

OFCCP Submits Final Sex Discrimination Regulations to OMB for Review and Approval

Earlier this year, we reported that the Office of Federal Contract Compliance Programs (“OFCCP”) issued a proposed rule to revise and replace the sex discrimination guidance it issued in 1970 and clarify federal contractors’...more

11/2/2015 - Employee Rights Employer Liability Issues Equal Opportunities Equal Pay Family Status Discrimination Federal Contractors Final Rules Gender Discrimination Gender Identity Gender-Based Pay Discrimination OFCCP OMB Pregnancy Discrimination Reasonable Accommodation Sex Discrimination Sexual Harassment

DOL ALJ Orders Government Contractor To Produce Documents To OFCCP

On October 23, 2015, a Department of Labor (“DOL”) administrative law judge (“ALJ”) ordered a government contractor, Convergys Customer Management Group, Inc. (“Convergys”), to submit its affirmative action program along with...more

11/2/2015 - Administrative Review Board Affirmative Action Audits DOL Federal Contractors Fourth Amendment OFCCP Scheduling Letters Subpoenas

U.S. Department of Labor Publishes Final Rule Implementing Pay Transparency Executive Order

On September 10, 2015, the Department of Labor issued its final rule, implementing Executive Order 13665  (the “Order”), which prohibits federal contractors from firing or otherwise disciplining employees or job applicants...more

9/11/2015 - Anti-Discrimination Policies Discrimination DOL Employee Handbooks Employee Rights Executive Orders Federal Contractors Final Rules Job Applicants OFCCP Pay Secrecy Popular Subcontractors Transparency Wage and Hour

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