News & Analysis as of

Thumbs Up/ Thumbs Down, Still FCRA

Does your business use a contractor to provide in-home services to your customers? If so, you probably want the contractor to conduct background checks on its employees. You want the contractor to screen out people who pose...more

New VETS Report on the Horizon

Covered federal contractors and subcontractors must annually report the number of their employees who are protected veterans, and the number of veterans they have hired during a reporting period. At long last, the U.S....more

Not My Brother’s Keeper: Varley v. Regional School District No. 4 and A School District’s Responsibility For “Free Speech” Claims...

When entering into contacts with vendors, school districts hope that 1) the vendor will comply with the law, and 2) in any event, the vendor will be responsible for its own employment-related disputes. In Varley v. Regional...more

Third Circuit affirms dismissal of False Claims Act suit, citing contract ambiguity

Ambiguous contract terms are ordinarily a liability for government contractors, opening the possibility of misunderstandings, expensive disputes, and, potentially, unpaid additional work. However, contract ambiguity recently...more

Federal Contractor Settles Second Charge of Race Discrimination with OFCCP

A federal contractor agreed to settle charges by the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) that it discriminated in its hiring practices by creating multiple barriers in its paper...more

The City of Rochester Adopts a “Ban the Box” Ordinance

The City of Rochester recently unanimously enacted a “Ban the Box” ordinance, which prohibits employers from asking applicants about criminal convictions at any time before the employer has conducted an initial employment...more

New York Assembly Passes Bill Limiting Contractors’ Use Of Arbitration Provisions

On May 5, 2014, the New York Assembly passed a bill limiting the use of arbitration provisions for employment claims by businesses that contract with New York State. The bill would prohibit New York state agencies from...more

Federal Contractors Face More Regulations on Pay Practices

President Obama signed an executive order on April 8, 2014 barring federal contractors and subcontractors from retaliating against employees who discuss their pay with each other. The order is entitled the Non-Retaliation for...more

Construction E-Note - April 9, 2014

In This Issue: - Ongoing Or Completed Operations? Fifth Circuit Finds No Duty To Defend Contractor Under Additional Insured Endorsement - Your Venue, My Bond Claim: A Florida Law Primer - The Condominium Form Of...more

Construction Contractors Subject To New OFCCP Rules

Because of a recent court decision, federal construction contractors must comply with several new regulations that many consider burdensome. An effort to exempt construction contractors from some of the new regulations was...more

Federal Contractor/Subcontractor Alert: New Affirmative Action Requirements Concerning Persons with Disabilities

f you are a federal contractor or subcontractor that has, or should have, an existing affirmative action plan (AAP), you need to be aware of the upcoming Office of Federal Contract Compliance’s (OFCCP) final rules that take...more

OFCCP Places New Risks and Obligations on Contractors

Lost among much of the other news of recent weeks, the Office of Federal Contract Compliance Programs (OFCCP) has taken steps that will likely complicate the management of organizations that choose to do business with the...more

DOL’s Final Rule Designed to Increase Hiring and Employment

Employers holding contracts with the federal government in excess of $10,000, as well as their subcontractors, should be aware of some important changes to the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) and...more

USDOL Announces Effective Date Of New Affirmative Action Requirements For Federal Contractors And Subcontractors

As reported in the September 4th edition of The Fast Laner, the U.S. Department of Labor ("DOL") issued new regulations regarding affirmative action requirements for federal contractors and subcontractors. ...more

New OFCCP Regulations Published—Effective Date Currently March 24, 2014

Yesterday, the Office of Federal Contract Compliance Programs (OFCCP) published its revisions to the current disability and veterans regulations in the Federal Register. These controversial rules become effective 180 days...more

Contractors Beware: New Regulations Impose Additional Affirmative Action Burdens

The Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) issued new regulations governing the recruiting and hiring of individuals with disabilities and veterans. See 41 CFR Part 60-741 and 41 CFR...more

OFCCP's Veterans' and Individuals with Disabilities' Final Regulations Impose New Obligations on Federal Contractors and...

On August 27, 2013, the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) issued a pre-release of the final version of its revised affirmative action regulations for protected veterans and...more

Construction Contractor Sued by EEOC for Sex Discrimination

Company Systematically Fired Female Sheet Metal Workers, Federal Agency Charged - NEW YORK - Vamco Sheet Metals, Inc. violated federal law by serially firing female sheet metal workers working for the company on a...more

OFCCP's Final Regulations for Individuals with Disabilities and Protected Veterans

Expansive regulations will subject federal contractors and subcontractors to many new requirements, including utilization goals and hiring benchmarks. On August 27, the Office of Federal Contract Compliance Programs...more

Construction Contractor Settles Sex Harassment Allegations With OFCCP

The Office of Federal Contract Compliance Programs (OFCCP) announced this week that a federal construction contractor providing environmental remediation and restoration services has settled allegations of sexual harassment,...more

Fenwick Employment Brief - June 2013: Court Rejects Walmart’s Bid to Kick Negligent Hiring Claim by Contractors’ Employees

A California federal district court held that companies may owe a duty of care to their prospective contractor’s employees in the hiring of such contractors. In Carrillo v. Schneider Logistics, Inc., plaintiff Everardo...more

Fenwick Employment Brief - June 2013

In Oxford Health Plans LLC v. Sutter, the United States Supreme Court affirmed an arbitral decision allowing the plaintiff to proceed with classwide arbitration even in the absence of express language to that effect in the...more

Federal Construction Contractors Beware: OFCCP Wants You!

Even though the Office of Contract Compliance Programs (OFCCP) has not yet promulgated its promised revised construction contractor regulations, the agency sent the construction contracting community a clear enforcement...more

Legal Alert: OFCCP's New Round Of CSALs

The Office of Federal Contract Compliance Programs (OFCCP) recently issued a new round of Corporate Scheduling Announcement Letters (CSALs), which notify an establishment that it has been selected to undergo a compliance...more

When Hiring or Promoting, Use Caution Asking About Criminal Backgrounds

The Department of Labor (DOL) Office of Contract Compliance Programs (OFCCP) has issued a new directive advising federal contractors and subcontractors about potential liability that could result from using employees’...more

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