News & Analysis as of

President Obama Issues Two Executive Orders in 10-Day Period

President Obama issued the Fair Pay and Safe Workplaces Executive Order on Wednesday, July 30 only 10 days after prohibiting federal contractors from discriminating based on sexual orientation and gender identity, in the...more

Employment Flash (June 2014)

In This Issue: - NLRB Recess Appointments Unconstitutional - SEC Brings First-Ever Employment Retaliation Claim - EEOC Challenges Employer Severance Agreements - New York State Transportation Industry...more

The OFCCP Calls a Moratorium on Enforcement Activities Against TRICARE Providers

On May 7, 2014, a Directive of the Office of Federal Contract Compliance Programs (“OFCCP”) placed a five-year moratorium on enforcement activities regarding health care providers that are TRICARE subcontractors. TRICARE is...more

Some Surprises in DOL’s Just Issued Spring 2014 Regulatory Agenda

On Friday, May 23, 2014, the White House, through its executive branch and other federal agencies, issued the Spring 2014 edition of the Semiannual Regulatory Agenda. Published twice a year, the agencies’ regulatory agendas...more

TRICARE: DOL Announces 5-Year Moratorium on Affirmative Action Compliance Audits

Previous Health Law Updates reported on the efforts of the U.S. Department of Labor (DOL) to apply equal employment opportunity mandates to providers that subcontract to provide healthcare services for TRICARE beneficiaries....more

OFCCP'S New Rules Expand Affirmative Action Requirements

The Office of Federal Contract Compliance Programs (OFCCP) has issued new rules that increase affirmative action requirements of direct federal contractors and subcontractors. The OFCCP issued its final rules in the...more

A Review Of The Supreme Court’s 2012-2013 Term

As the United States Supreme Court’s 2012-2013 term drew to a close at the end of June, commentators observed a continuing gradual but perceptible shift to the right by the Court. The Roberts Court is generally viewed as...more

A Summary of the U.S. Supreme Court Decisions This Week Which Will Affect Employers

Windsor v. United States - Issue: Can the federal government define marriage? Holding: No. Loser: The federal Defense of Marriage Act (DOMA), which was passed in 1996 and signed by President Clinton, was...more

District Court Sides With DOL in Dispute Over Whether Healthcare Providers Are Government Contractors

In a significant victory for the U.S. Department of Labor (DOL), the U.S. District Court for the District of Columbia recently found providers of healthcare services are subject to federal equal employment opportunity...more

Workplace Policy Institute: Regulatory Agenda Update

On December 21, 2012, federal agencies released their long-awaited unified agendas and regulatory plans for 2012. Under the Regulatory Flexibility Act, federal agencies are required to publish semi-annual lists of...more

Employment Law Commentary -- Volume 24, No. 12 -- December 2012

Full Speed Ahead: Employment and Labor Initiatives During the President’s Second Term - The purpose of this Commentary (and next month’s) is to provide a forward-looking view of the regulatory and enforcement priorities...more

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