Daniel Davis

Daniel Davis

Proskauer Rose LLP

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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 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

OFCCP to Publicize New Affirmative Action Requirements

Speaking to employers during a June 6 affirmative action conference, the Office of Federal Contract Compliance Programs (“OFCCP”) Director Patricia Shiu announced the agency’s plan to launch a public service announcement...more

6/13/2014 - ADA Affirmative Action OFCCP PSA Rehabilitation Act

OFCCP Announces Rulemaking Priorities

Last month, the Office of Federal Contract Compliance Programs (OFCCP) released its 2014 Spring Regulatory Agenda, identifying four new rules on which the agency is currently working. The Agenda is consistent with...more

6/11/2014 - Construction Workers Contractors Employer Liability Issues Enforcement OFCCP Sex Discrimination

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

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

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

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

Federal District Court Holds that OFCCP Has Jurisdiction Over Hospitals That Provide Services to HMOs Retained by Federal...

Earlier this week, the federal district court for the District of Columbia ruled that three hospitals providing medical services through an HMO to U.S. government employees are “subcontractors” subject to OFCCP’s...more

4/4/2013 - Affirmative Action Federal Employees Health Insurance HMOs Hospitals Jurisdiction OFCCP

DOL Seeks To Defend Its Data Gathering Authority

Last week, the Department of Labor moved to dismiss Frito-Lay’s lawsuit (Frito-Lay, Inc. v. Department of Labor, 3:12-cv-01747 (N.D. Tex. 2012)) seeking to block the production of employment data for an OFCCP investigation...more

3/29/2013 - Discovery Discrimination DOL Frito-Lay Gender Discrimination Hiring & Firing OFCCP

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