Daniel Davis

Daniel Davis

Proskauer Rose LLP

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D.C. Circuit Rejects Challenge To Section 503 Regulations Administered by OFCCP

On Friday, December 12, 2014, the D.C. Circuit rejected a challenge by Associated Builders and Contractors, Inc. (“ABC”) to the recent rules promulgated by OFCCP under Section 503 of the Rehabilitation Act protecting...more

12/16/2014 - Construction Industry Disability Discrimination Federal Contractors General Contractors OFCCP Section 503

OFCCP Submits Proposed Regulations Regarding Sex Discrimination For Review

OFCCP recently sent proposed regulations regarding sex discrimination to the Office of Management and Budget (OMB) for review. The content of the regulations has not yet been disclosed, but OFCCP has previously stated that it...more

12/9/2014 - Employer Liability Issues Federal Contractors OFCCP OMB Proposed Regulation Sex Discrimination

Sixth Circuit Dismisses Whistleblower’s Claims Made By Job Applicant

This week, the U.S. Court of Appeals for the Sixth Circuit ruled that a job applicant lacks standing to bring whistle-blower claims under the Energy Reorganization Act and the False Claims Act (“FCA”) because those laws’...more

11/21/2014 - Appeals Dismissals False Claims Act Federal Contractors Job Applicants Retaliation Whistleblower Protection Policies Whistleblowers

Recent OFCCP FAQ Clarifies Compliance Evaluation Scheduling Letter and Itemized Listing

On October 1, 2014, OFCCP released its new compliance evaluation scheduling letter and Itemized Listing. In a recently released FAQ, OFCCP provided guidance concerning federal contractors’ obligations under Item 19 of the...more

11/20/2014 - Contractor Audits Federal Contractors OFCCP Scheduling Letters

OFCCP’s Recent FAQ Clarifies How Contractors May Document Invitations To Self-Identify

As part of its ongoing effort to answer questions concerning last year’s Section 503 regulations, OFCCP recently posted a new FAQ that highlights how contractors may document compliance with the requirement to invite...more

11/10/2014 - Contractors Federal Contractors OFCCP Subcontractors

Contractor Working On Federally-Funded Solar Project Settles Davis-Bacon Act Claims for $1.9 Million

On October 23, the Department of Labor reported that Proimtu Mmi-Nv LLC, a Nevada-based company, agreed to pay $1.9 million in back wages and fringe benefits as the result of a DOL investigation of its compliance with the...more

10/27/2014 - Davis-Bacon Act DOL Energy Projects Federal Contractors Federal Funding Prevailing Wages Settlement Solar Energy Wage and Hour Wages

OMB Approves Changes to OFCCP Scheduling Letter

The Office of Management and Budget (“OMB”) has approved changes to the current contractor scheduling letter and itemized listing used by OFCCP in compliance reviews. The new letter is expected to be released today. OFCCP...more

10/1/2014 - Compliance Federal Contractors OFCCP OMB VEVRAA Vietnam Era Veterans’ Readjustment Assistance Act

OFCCP Proposes Rule Regarding Pay Transparency for Federal Contractors

On Monday, the Department of Labor’s Office of Federal Contractor Compliance Programs (“OFCCP”) issued a proposed rule that would bar federal contractors from firing or otherwise retaliating against employees or applicants...more

9/18/2014 - Barack Obama DOL Employer Liability Issues Executive Orders Federal Contractors Hiring & Firing OFCCP Proposed Regulation Retaliation Transparency Wages

OFCCP Issues Proposed Rule Requiring Annual Compensation Disclosures

The Office of Federal Contract Compliance Programs (“OFCCP”) issued a proposed rule today that would require federal contractors and subcontractors to provide summary information on total W-2 compensation paid to employees by...more

8/7/2014 - EEO EEOC Federal Contractors OFCCP Subcontractors W-2

President Obama Signs Executive Order Addressing Contractors’ Employment and Labor Practices

Last week, President Obama signed the Fair Pay and Safe Workplaces Executive Order, which imposes additional disclosure and compliance obligations on federal government contractors. The executive order will govern federal...more

8/6/2014 - Contractors Employee Rights Executive Orders Fair Pay and Safe Workplaces Federal Contractors

Agencies Issue Final Rule on the Recovery of Contractor Whistleblower Legal Costs

On June 25, 2014, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration issued a final rule that establishes when government contractors and subcontractors may recover...more

7/28/2014 - Contractors DOD Federal Contractors GSA NASA Whistleblowers

President Obama Amends Executive Order 11246 to Protect LGBT Workers of Government Contractors from Discrimination

As the White House announced last month, President Obama signed yesterday an Executive Order that bans workplace discrimination against lesbian, gay, bisexual, and transgender (“LGBT”) workers of federal contractors....more

7/23/2014 - Barack Obama Burwell v Hobby Lobby Discrimination DOL Employer Liability Issues Executive Orders Federal Contractors Federal Employees LGBT OFCCP Sexual Orientation Discrimination

DOL Issues Proposed Rule to Implement Federal Contractor Minimum Wage Rate

As prior blog entries (see here and here) have explained, on February 12, 2014, President Obama signed Executive Order 13658 to increase the hourly minimum wage for employees of federal contractors and subcontractors to...more

6/20/2014 - Barack Obama Davis-Bacon Act DOL Executive Orders Federal Contractors FLSA Minimum Wage Proposed Regulation Service Contracts Wage and Hour

Obama Administration Announces Expansion of Executive Order 11246 to Protect LGBT Workers of Federal Government Contractors

Today, the White House announced that President Obama will issue an executive order that bans federal contractors from discriminating on the basis of sexual orientation and gender identity. According to White House staff, the...more

6/17/2014 - Barack Obama Discrimination Employer Liability Issues ENDA Executive Orders Federal Contractors Gender Discrimination Hiring & Firing Obama Administration Sexual Orientation Discrimination Subcontractors

OFCCP Expected to Issue Pay Data Tool and Retaliation Proposed Rules Later this Year

According to the Labor Department’s semiannual regulatory agenda, released on May 23, 2014, the Office of Federal Contract Compliance Programs (OFCCP) plans to issue proposed rules regarding federal contractor compensation...more

5/29/2014 - DOL Employer Mandates Executive Orders Federal Contractors OFCCP Pay Discrimination Proposed Regulation Public Employers Retaliation Transparency

Federal Court Dismisses Overtime Claims Brought by Contractor Employee Working in Kuwait

On April 28, 2014, a Massachusetts federal court granted dismissal of a proposed class action alleging that Raytheon violated Kuwaiti law by failing to pay overtime to employees working in Kuwait on federal defense contracts....more

5/1/2014 - Class Action Defense Contracts Employment Contract Federal Acquisition Regulations Federal Contractors Raytheon Unpaid Overtime

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

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

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

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

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

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

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