Administrative Agency Civil Rights Government Contracting

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District Court Rejects Challenge to Section 503 Final Rule

On Friday, March 21, 2014, Federal District Judge Emmet Sullivan ruled in favor of the Office of Federal Contractor Compliance Programs’ (“OFCCP”) recent rule implementing Section 503 of the Rehabilitation Act, denying a...more

ALJ Rules “Non-Asian” Group Not Protected Under Executive Order 11246

A Department of Labor Administrative Law Judge (“ALJ”) ruled on August 5, 2013 that the Office of Federal Contract Compliance Programs (“OFCCP”) cannot proceed with a disparate impact claim against a clothing manufacturer...more

OFCCP’s New FAAP Directive Offers Alternatives (With Permission!)

Effective December 17, 2012, the Office of Federal Contract Compliance Programs (OFCCP) issued a new Functional Affirmative Action Program (FAAP) Directive Number 305. The new directive outlines the application and approval...more

Don't Get Fried by Davis-Bacon

Web sites abound advising employees they can make “millions” by blowing the whistle on their employers for alleged violations of laws, rules, or regulations. The federal law known as the False Claims Act (FCA) also contains...more

Obama's Mark on Employment Law - What do Employers Have to Look "Forward" To in the Next Four Years?

Now that the frenzy of the election has died down, Florida has counted its votes, and the major media outlets have moved on from dissecting party rhetoric, the question remains: What does Obama's reelection mean for the...more

OFCCP Sends “Heads-Up” Letters for Audits to Contractors

The Office of Federal Contract Compliance Programs (OFCCP) has begun sending Corporate Scheduling Announcement Letters (CSALs) to federal contractors, giving them a “heads-up” warning of a possible compliance review or audit...more

Labor Letter - November 2012

In This Issue: - Preventing Off-Duty Employee Access By Reyburn Lominack and Matthew Korn (Columbia): Many employers prohibit off-duty employees from accessing the workplace. This is particularly true of employers...more

DOL Administrative Review Board Rejects OFCCP’s Attempt to Ensnare Health Care Providers

The U.S. Department of Labor’s Administrative Review Board has rejected the attempt by the Office of Federal Contract Compliance Programs (OFCCP) to subject health care providers to federal affirmative action requirements....more

OFCCP Lacks Jurisdiction Over Florida Hospital Participating in TRICARE

The Office of Federal Contract Compliance Programs (OFCCP) lacks jurisdiction over a hospital that is a TRICARE health services provider in light of the National Defense Authorization Act (NDAA), the Department of Labor’s...more

ARB Rejects OFCCP's Claim of Jurisdiction based on Florida Hospital's TRICARE Participation

For nearly four years, the Office of Federal Contract Compliance Programs (OFCCP) has been tenaciously pursuing jurisdiction over healthcare providers based on the theory that providers participating in, and receiving more...more

Section 342 of Dodd-Frank Intersects With Employment Law

The Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Act”) celebrated its two-year anniversary this past July. At that time, the Act drew much attention from the media and political pundits because of its...more

New Jersey Governor Takes Action on "Gender Pay Parity" Bills

Executive Summary: On Friday, September 21, 2012, New Jersey Governor Chris Christie signed into law a "Gender Pay Parity" bill that imposes a new notice posting requirement on covered employers. The governor rejected a...more

Want a Federal Government Contract? Now You Must Join the Fight Against Human Trafficking

On September 25, 2012, President Obama signed a groundbreaking Executive Order designed to strengthen protections against trafficking in persons in federal contracting. Among other requirements, the Executive Order requires...more

Report Questions OFCCP Pay Information Collection; Agency’s Regulatory Agenda on Hold

The proposed regulatory agenda of the Office of Federal Contract Compliance Programs (OFCCP) now seems unlikely to make headway until after the November election. Key items in limbo on the agency’s docket include 2011...more

Department of Treasury Proposes Rule Aimed To Ensure Diversity In Its Contractor Workforce

Consistent with the mandate under the Dodd-Frank Wall Street Reform and Consumer Protection Act, the Treasury Department issued a proposed rule that would require contractors doing business with the agency to confirm their...more

Testing the Limits

If you use pre-employment testing of employees, please read this article. Even if you are not a federal government contractor, these issues will arise. A recent settlement between the U.S. Department of Labor’s Office of...more

An Employer Can be Sued by the Dept. of Justice for Its Electronic I-9 Provider’s Flaws

The US Department of Justice (DOJ) announced its latest suit against a large multistate Indiana-based egg producer for unfair employment practices in violation of the Immigration and Nationality Act’s anti-discrimination...more

Frito-Lay Appeals ARB Ruling Which Granted OFCCP Access to Data

Frito-Lay Inc. has been involved in litigation with the Office of Federal Contract Compliance Programs (OFCCP) over the agency's ability to obtain data after the date of the compliance review scheduling letter. The Company...more

Affirmative Action Compliance

There was a long period during which federal government contractors could get away, year after year, with outsourcing their affirmative action obligations to a consultant to produce a cheap but nice looking affirmative action...more

Physicians Required to Provide Interpretive Services to Non-English Speaking Patients

Health care providers often wonder if and when they must provide interpretive services to patients who do not speak English or who are deaf or hearing impaired. Federal law mandates that health care providers take certain...more

Recent Guidelines for Employers of Active Duty & Veteran Service Members

With the recent drawdown of troops serving in Iraq and Afghanistan, many veterans will be leaving active military duty and returning to the U.S. workforce. The Equal Employment Opportunity Commission (EEOC) has issued timely...more

Legal Alert: US DOL Judges Require Production of AAP Data Beyond Date of OFCCP Scheduling Letter

Executive Summary: The U.S. Department of Labor's (DOL) Administrative Review Board (ARB) recently issued a decision requiring an employer to produce OFCCP data well beyond the date of an OFCCP scheduling letter. In...more

Labor Ruling Adds to Burden on Federal Contractors in Audits

In a decision likely to add to the burden and length of audits for many federal contractors, the Administrative Review Board of the U.S. Department of Labor (ARB) has ordered Frito-Lay Inc. to produce an additional two years’...more

Take 5: Views You Can Use - March 2012 .

In this issue; - Compensation Practices of Government Contractors Coming Under Increased Scrutiny by the OFCCP - Vow to Hire Heroes Act Reinstates Hostile Work Environment Claims for Veterans - The Potential...more

OFCCP May Impose Explicit Goals for Federal Contractors' Hiring of Individuals with Disabilities

Following a trend by the Federal government to liberalize anti-discrimination laws in favor of employees, the Department of Labor Office of Federal Contract Compliance Programs ("OFCCP") has proposed regulations that would...more

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