Daniel Davis

Daniel Davis

Proskauer Rose LLP

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President Takes Executive Action Over Pay Equity By Federal Government Contractors

Yesterday, in connection with “Equal Pay Day” ceremonies at the White House, President Obama issued an Executive Order and a Presidential Memorandum aimed at ensuring that employees of Federal government contractors and...more

4/9/2014 - Discrimination DOL Equal Pay Executive Orders Federal Contractors OFCCP

OFCCP Withdraws Claim Regarding TRICARE Jurisdiction

Last week, the Office of Federal Contract Compliance Programs (OFCCP) dismissed OFCCP’s 2008 complaint against Florida Hospital of Orlando. In its Order of Dismissal, the Administrative Law Judge (ALJ) reported that OFCCP...more

4/9/2014 - Enforcement Actions Federal Contractors Hospitals OFCCP TRICARE

DOL Announces Five-Year OFCCP Moratorium For TRICARE Providers

Secretary of Labor Thomas E. Perez announced last month that the Office of Federal Contract Compliance Programs (OFCCP) will issue a directive establishing a five-year moratorium on enforcement of affirmative action...more

4/9/2014 - Affirmative Action Disability DOL Hiring & Firing OFCCP TRICARE Veterans

White House Announces Additional Executive Orders For Federal Government Contractors

President Obama is expected to sign two executive orders that will impose additional compliance obligations on federal government contractors. The first order will reportedly bar federal contractors from retaliating against...more

4/7/2014 - Executive Orders Federal Contractors Minimum Wage

Joining Other States and Localities, Indianapolis “Bans the Box” for City Vendors and Further Restricts Criminal Background...

Mayor Gregory A. Ballard recently signed an ordinance that generally prohibits the Consolidated City of Indianapolis and Marion County (hereinafter, “City”) and its vendors from inquiring into an applicant’s criminal history...more

3/25/2014 - Ban the Box Criminal Background Checks

Federal Court Ruling Raises Questions About Privileged Nature Of Certain Internal Investigations

On March 6, 2013, the United States District Court for the District of Columbia ruled that Kellogg Brown & Root Services, Inc. (“KBR”) must produce to a qui tam relator 89 documents relating to internal investigations...more

3/19/2014 - Attorney-Client Privilege Corporate Counsel Discovery FCA Internal Investigations Qui Tam Whistleblowers Work Product Privilege

D.C. Expands Paid Sick Leave Law

Last week, an amendment to the District of Columbia Accrued Sick and Safe Leave Act of 2008 (the "ASSLA") came into effect. The amendment, called the Earned Sick and Safe Leave Amendment Act of 2013 (the "Amendment"),...more

3/17/2014 - Employee Rights Paid Leave Sick Leave

Congress To Hold Hearing On OFCCP Jurisdiction

On Thursday March 13, 2014 at 10:00 a.m., the Subcommittee on Workforce Protections will hold a hearing on the Protecting Health Care Providers from Increased Administrative Burdens Act (H.R. 3633). H.R. 3633 is a response by...more

3/12/2014 - DOL Healthcare Jurisdiction OFCCP

OFCCP Updates Website With Resources For Section 503 Compliance

OFCCP recently updated its website with additional information for contractors to assist with their compliance with the final rule issued under Section 503 of the Rehabilitation Act. The information addresses recruiting...more

2/25/2014 - Contractors Disability Federal Contractors OFCCP Rehabilitation Act Self-Disclosure Requirements Websites

OFCCP Updates FAQs On Section 503 And Veterans’ Regulations

OFCCP recently updated its Frequently Asked Questions (“FAQs”) on the implementation of the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) and Section 503 of the Rehabilitation Act final rules. The FAQs address...more

2/20/2014 - Affirmative Action Disability OFCCP Veterans Vietnam Era Veterans’ Readjustment Assistance Act

Trade Group Seeks Greater Legal Protections For Contractors Operating In War Zones

Earlier last week, the Professional Services Council filed an amicus brief in the United States Supreme Court in support of a writ of certiorari of a Third Circuit decision regarding contractor immunity in war zones. The case...more

2/17/2014 - Contractors Immunity SCOTUS Wrongful Death

President Obama Issues Executive Order Increasing Minimum Wage For Federal Contractor Employees

Yesterday, President Obama issued an Executive Order to increase the minimum wage for employees of federal contractors and subcontractors to $10.10 an hour. President Obama announced the Order at his State of the Union...more

2/13/2014 - Barack Obama Executive Orders Federal Contractors Minimum Wage

Department of Defense and General Services Administration Make Cybersecurity Recommendations for Contractors

On January 23, 2014, the Department of Defense and General Services Administration issued a final report making recommendations for the development of cybersecurity standards in the acquisition and contracting process. The...more

2/10/2014 - Cybersecurity DOD Federal Contractors GSA

OFCCP Seeks Comments On Discrimination Complaint Form

OFCCP is seeking public comment its form for individual complaints of discrimination and retaliation. An employee or applicant of a federal contractor may file a complaint of discrimination or retaliation with the OFCCP. The...more

2/10/2014 - Complaint Procedures Discrimination OFCCP Public Comment

OFCCP Has Issued Announcement Letters

OFCCP has issued the most recent set of Corporate Scheduling Announcement Letters (CSALs). A CSAL provides notice to an establishment that OFCCP has selected it for a compliance evaluation. OFCCP has announced that, rather...more

2/10/2014 - CSALs OFCCP

OFCCP Announces Settlement Regarding Hiring Discrimination

The Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) recently announced that it reached a settlement with Cargill Meat Solutions (“Cargill”) regarding claims of hiring discrimination based on...more

1/28/2014 - Cargill Gender Discrimination Hiring & Firing OFCCP Racial Discrimination

DOL Seeks Remand Of District Court Case Regarding OFCCP’s Data Gathering Authority

Earlier this week the Department of Labor moved to remand Frito-Lay’s lawsuit seeking to block the production of employment data in connection with an OFCCP investigation into discrimination at its Dallas facility. Frito-Lay,...more

1/10/2014 - Audits Compliance Data Collection DOL Federal Contractors Frito-Lay OFCCP

House Committee Seeks Information from OFCCP on Veterans and Individuals with Disabilities

On September 19, 2013, two members of the House of Representatives’ Education and Workforce Committee sent a letter to Department of Labor Secretary Thomas Perez seeking additional information regarding the regulations...more

9/25/2013 - Affirmative Action Disability Hiring & Firing OFCCP Veterans Vietnam Era Veterans’ Readjustment Assistance Act

OFCCP Issues Final Rules on Affirmative Action Obligations for Veterans and Individuals with Disabilities

The Office of Federal Contract Compliance Programs (“OFCCP”) today released its final rules implementing the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) and Section 503 of the Rehabilitation Act regarding...more

8/28/2013 - Affirmative Action Disability OFCCP Rehabilitation Act Veterans Veterans' Benefits Vietnam Era Veterans’ Readjustment Assistance Act

ARB Reconsiders Florida Hospital Ruling

Last week, a divided Department of Labor Administrative Review Board (“ARB”) agreed to reconsider its ruling that the Office of Federal Contract Compliance Programs (“OFCCP”) did not have jurisdiction over a federal...more

8/5/2013 - Administrative Review Board DOD DOL Healthcare Hospitals NDAA OFCCP TRICARE Veterans' Benefits

OFCCP Issues Directive 310: Guidance on Back Pay Calculations

The Office of Federal Contract Compliance Programs (“OFCCP”) released Directive 310 on July 17, 2013. The Directive provides guidance concerning the calculation of back pay awards by OFCCP in investigations and proceedings...more

7/31/2013 - Back Pay Discrimination Federal Contractors OFCCP

Expanded Whistleblower Provisions Applicable To Federal Contractors And Subcontractors Take Effect

Yesterday a significant expansion of whistleblower protections for employees of federal contractors and subcontractors took effect....more

7/4/2013 - Contractors Federal Contractors Grantee NDAA Subcontractors Whistleblower Protection Policies Whistleblowers

Supreme Court Issues Important Affirmative Action And Employment Law Decisions

This week the Supreme Court issued three decisions that may significantly impact federal contractors and other employers: In Fisher v. University of Texas, No. 11-345 (U.S. June 24, 2013), the Supreme Court held that a...more

6/27/2013 - Affirmative Action But For Causation College Admissions Discrimination Fisher v University of Texas Harassment Hiring & Firing Racial Discrimination Retaliation SCOTUS Strict Scrutiny Standard Supervisors Title VII Universities UT Southwestern Medical v Nassar Vance v. Ball State University

Second Circuit Reaffirms Preemptive Scope Of The Davis-Bacon Act

Last week the Second Circuit issued an opinion reaffirming that the Davis-Bacon Act preempts state law claims by workers to enforce prevailing wage rates as third-party beneficiaries to a contract....more

6/19/2013 - Beneficiaries Construction Contracts Davis-Bacon Act Preemption Prevailing Wages Third-Party

Will E-Verify Become Mandatory for All Employers? It Will if the Comprehensive Immigration Reform Bill Passes

A critical component of the Comprehensive Immigration Reform package, put together by the so-called “Gang of Eight,” is a provision that would require all employers to participate in the E-Verify program....more

4/19/2013 - E-Verify I-9 Immigration Reform

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