On January 25, 2022, OSHA filed a notice withdrawing its Emergency Temporary Standard (“ETS”). The ETS had mandated that employers with 100 or more employees require all employees to be fully vaccinated against COVID-19 or to...more
1/26/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On January 6, 2022, the EEOC announced that the data collection portal for 2021 EEO-1 Component 1 reports is “tentatively scheduled” to open on April 12, 2022, and that the “tentative deadline” for employers to file their...more
1/7/2022
/ Corporate Counsel ,
Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Labor Regulations ,
Online Platforms ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Portal ,
Regulatory Requirements ,
Reporting Requirements ,
Wage and Hour
On November 30, 2021, a federal judge issued a preliminary injunction halting enforcement of the federal contractor and subcontractor vaccine mandate requirements issued by the Safer Federal Workforce Task Force in response...more
12/1/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Infectious Diseases ,
Injunctions ,
Non-Delegation Doctrine ,
Scope of Authority ,
Tenth Amendment ,
Vaccinations ,
Workplace Safety
Over the past few years, states across the country have sought to limit or reduce the use of employee non-compete agreements. While some states have imposed outright bans on such agreements, many more have passed laws that...more
11/19/2021
/ Competition ,
Confidential Information ,
Contract Terms ,
Corporate Counsel ,
Disparate Impact ,
Employer Liability Issues ,
Employment Contract ,
Fair Labor Standards Act (FLSA) ,
Former Employee ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Regulations ,
Low-Wage Workers ,
Non-Compete Agreements ,
Restrictive Covenants ,
State Labor Laws
Federal government contractors and subcontractors have been scrambling for weeks to try to digest and implement the COVID-19 safety measures issued by the Safer Federal Workforce Task Force (the “Task Force”) in the wake of...more
11/2/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Vaccinations ,
Workplace Safety
On July 21, 2021, the Department of Labor (“DOL”) announced a proposed rule (the “Proposed Rule”) to implement President Biden’s Executive Order (the “Order”) requiring an increase of the minimum wage for certain employees of...more
Quick Hit:
On December 7, 2020, the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) issued its final rule enhancing the religious exemption for federal government contractors already contained...more
On October 21, 2020 the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) held a stakeholder call regarding the agency’s implementation of Executive Order 13950, “Combatting Race and Sex...more
On February 21, 2020, OFCCP launched an online training platform called the Contractor Compliance Institute (“CCI”). In announcing the release of CCI, the agency stated it “created the CCI curriculum specifically for federal...more
2/26/2020
/ Affirmative Action ,
Chief Compliance Officers ,
Compliance ,
Corporate Counsel ,
FAAP ,
Federal Contractors ,
OFCCP ,
Online Platforms ,
Oversight Duties ,
Section 503 ,
Training
Quick Hit: OFCCP has published a Notice of Proposed Rulemaking (NPRM) it states would “codify the procedures that the agency currently uses to resolve potential discrimination and other material violations” and “clarify...more
Any illusions that OFCCP would disappear during the Trump Administration should have already been put to rest with the nearly non-stop activity of the agency since 2017. But to the extent there was any remaining doubt, a...more
Quick Hit: OFCCP’s Directive 2019-04 reveals the development a Voluntary Enterprise-Wide Review Program (“VERP”). Once established, contractors will be able to voluntarily participate in the program, submitting themselves to...more
On October 10, 2017, the U.S. Office of Federal Contractor Compliance Programs (“OFCCP”) filed its first Complaint against a federal contractor since President Trump took office. The Complaint alleges that contractor Advance...more
On July 14, 2017, an Administrative Law Judge (“ALJ”) for the Department of Labor issued a Recommended Decision and Order (the “Opinion”) in the case brought by the Office of Federal Contractor Compliance Programs (“OFCCP”)...more
7/19/2017
/ Administrative Law Judge (ALJ) ,
Audits ,
Corporate Counsel ,
Department of Labor (DOL) ,
Document Productions ,
EEO-1 ,
Employment Records ,
Federal Contractors ,
Fourth Amendment ,
Google ,
Motion to Compel ,
OFCCP ,
Subpoenas
On January 9, 2017, New York Governor Andrew Cuomo signed an Executive Order that requires state contractors to disclose, in addition to data on gender, race, and ethnicity that is already required, job title and salary data...more
Today, the U.S. Department of Labor (“DOL”) published its final rule implementing Executive Order 13706 (the “Final Rule”), which requires certain federal contractors and subcontractors to provide paid sick leave to their...more
9/30/2016
/ Anti-Discrimination Policies ,
Anti-Retaliation Provisions ,
Corporate Counsel ,
Department of Labor (DOL) ,
Executive Orders ,
Federal Contractors ,
Final Rules ,
Paid Leave ,
Paid Time Off (PTO) ,
Posting Requirements ,
Sick Leave ,
Sick Pay ,
Wage and Hour
Maryland’s Equal Pay for Equal Work Act (the “Act”) is scheduled to take effect on October 1, 2016. The Act amends Maryland’s existing Equal Pay law, expanding its protections against wage discrimination on the basis of sex...more
9/22/2016
/ Anti-Steering Rules ,
Corporate Counsel ,
Employer Liability Issues ,
Equal Pay ,
Exceptions ,
Gender Identity ,
Gender-Based Pay Discrimination ,
Pay Transparency ,
Posting Requirements ,
Private Right of Action ,
Remedies ,
Wage and Hour
Just last month we reported that Pennsylvania had entered into a memorandum of understanding (“MOU”) with the U.S. Department of Labor (“U.S. DOL”), agreeing to share information and conduct joint investigations regarding...more
As previously reported, in February 2016 the EEOC proposed revising its EEO-1 report to require employers to provide certain wage and hour data regarding their employees to the EEOC on an annual basis. The notice and comment...more
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