Civil Rights Government Contracting

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Constitutionality of 8(a) Program Reaffirmed

Earlier this year, a judge of the U.S. District Court for the District of Columbia reaffirmed the facial constitutionality of the 8(a) Program in response to a challenge by a small business owner, and he also rejected an...more

Affirmative Action Update: Changes To Jurisdictional Thresholds Obligating Federal Contractors

The Federal Acquisition Regulatory (FAR) Council periodically makes adjustments to federal contracting jurisdictional thresholds to compensate for inflation. Last month, the threshold under Section 4212 (for protected...more

Final Rules on Overtime, Crystalline Silica, and Persuader Agreements are Expected in the First Half of 2016

On Friday, federal agencies released their Fall 2015 Regulatory Plans and Unified Agendas. These semiannual reports detail all agency rulemaking efforts at their various stages of development and implementation. The...more

Executive Orders Subject Banks to New Requirements as Federal Contractors

President Obama has recently issued a number of executive orders imposing new requirements on federal contractors in the area of labor and employment. Some of these executive orders, which are regulated and enforced by the...more

DOL Settles Systemic Hiring and Pay Discrimination Claim With Government Contractor For Close to $2 Million

On November 19, 2015, the U.S. Department of Labor (“DOL”) Office of Federal Contract Compliance Programs (“OFCCP”) announced that it reached a settlement with nine locations of a government contractor “to remedy systemic...more

Obama embraces ‘ban the box’ movement

In November, President Obama announced that he was directing federal agencies that they could not inquire about criminal convictions on federal job applications. According to the president, the federal government “should not...more

OFCCP Submits Final Sex Discrimination Regulations to OMB for Review and Approval

Earlier this year, we reported that the Office of Federal Contract Compliance Programs (“OFCCP”) issued a proposed rule to revise and replace the sex discrimination guidance it issued in 1970 and clarify federal contractors’...more

Next Steps for Federal Contractors in Response to OFCCP Pay Transparency Rule

The Office of Federal Contract Compliance Programs' (OFCCP) final rule regarding pay transparency will place new burdens on federal contractors. The final rule takes effect on January 11, 2016 (120 days after publication in...more

A Legislative El Niño for California?: New 2016 Employment Laws for the State’s Private Sector Employers

Experts are predicting a 95% chance of heavier-than-usual seasonal rainfall this year in Southern California based on the phenomenon known as “El Niño.”  Did the California Legislature and its Governor produce a comparable...more

A Friendly Reminder from the EEOC—Don’t Toss Your Unselected Candidates’ Applications Just Yet

The EEOC recently filed suit against Coca-Cola Bottling Company of Mobile, asserting sex discrimination in violation of Title VII’s record retention provisions. The complaint alleges that Martina Owes applied in June 2010 for...more

California’s Gender Identity Legislation: New Protections for Transgender Employees Working with State Agencies

On October 7, 2015, Governor Jerry Brown signed Senate Bill 703 (SB 703), protecting transgender employees whose employers engage in business with state agencies. Specifically, the bill expands on the state’s pre-existing...more

New OFCCP changes to federal contractor pay practices

September was a busy month for federal contractors due to new regulatory requirements. Earlier last month, we told you about President Obama’s new executive order requiring covered government contractors to provide their...more

OFCCP Launches Class Member Locator Website, Disclosing Conciliation Agreements

Today, the Office of Federal Contract and Compliance Programs (OFCCP), launched its “Class Member Locator,” a website designed to help the agency “identify protected class members” that may have been affected by illegal...more

D.C. Circuit Once Again Upholds Privilege Over Internal Investigation Documents

In United States ex rel. Barko v. Halliburton Co. et al., a qui tam suit we previously covered, the District of Columbia Circuit Court of Appeals once again ruled that defense contractor KBR Inc.’s internal investigation...more

Planning for a Possible Government Shutdown: Labor and Employment Issues for Government Contractors

With the federal government funded only through Sept. 30, 2015, unless Congress acts quickly, there is a reasonable likelihood of another government shutdown beginning Oct. 1, 2015. The looming shutdown will create...more

Fenwick Employment Brief

California Legislature Acts to Outlaw Pre-Employment Mandatory Agreements to Arbitrate Labor Code Claims - In late August, the California Senate and Assembly passed AB 465, which, if signed by Governor Jerry Brown, will...more

OFCCP Publishes Final Rule on Pay Transparency for Federal Contractors, Subcontractors

Federal contractors and subcontractors are prohibited from discriminating against employees or job applicants for inquiring about, discussing, or disclosing their compensation or the compensation of others now that the final...more

August Whistleblower News Digest | News Your CCO Needs to Know

Morgan Stanley is in the news once again for whistleblower retaliation in a new lawsuit that mentions some of the same staff members involved in the last suit against them. Progenics was found guilty of retaliation, NuVasive...more

President Obama Issues Executive Order Requiring Federal Contractors to Provide Mandatory Sick Leave

The executive order poses another significant financial and administrative burden for federal contractors. Continuing his practice of using executive orders to implement his labor and employment agenda, on September 7,...more

Blog: OFCCP Issues Final Rule Promoting Pay Transparency

On September 10, 2015, the Office of Federal Contract Compliance Programs (“OFCCP”) issued the Final Rule (RIN 1250-AA06) on pay transparency, which goes into effect on January 11, 2016. The Final Rule implements Executive...more

Two New Developments Affecting Federal Contractors

On September 7, 2015, President Obama issued an Executive Order establishing paid sick leave for federal contractors. The Executive Order currently applies only to contracts entered into on or after January 1, 2017....more

OFCCP Publishes Final Rule on Pay Transparency

The Office of Federal Contract Compliance Programs (OFCCP) has published a final rule implementing President Obama's executive order prohibiting federal contractors from retaliating against employees for discussing or...more

U.S. Department of Labor Publishes Final Rule Implementing Pay Transparency Executive Order

On September 10, 2015, the Department of Labor issued its final rule, implementing Executive Order 13665  (the “Order”), which prohibits federal contractors from firing or otherwise disciplining employees or job applicants...more

That is SO last week - September 2015

Labor Day was the backdrop for a big announcement from President Obama. Beginning in 2017, federal contractors must grant paid sick leave to employees. The new Executive Order requires contractors to provide one hour of...more

Responding to a Scheduling Letter From the OFCCP: The Little Things Matter

It is the Tuesday after a long holiday weekend, and you are faithfully going through the pile of mail on your desk when you spy an envelope from the United States Department of Labor’s Office of Federal Contract Compliance...more

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