News & Analysis as of

Corporate Counsel Department of Labor (DOL) Federal Contractors

Jackson Lewis P.C.

Tenth Circuit Upholds Court’s Refusal to Enjoin Federal Contractor Minimum Wage Hike

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President Joe Biden likely has authority under the Procurement Act to raise the minimum wage for employees of federal contractors to $15 per hour, the U.S. Court of Appeals for the Tenth Circuit ruled. Bradford v. U.S. Dep’t...more

Bass, Berry & Sims PLC

Tenth Circuit Gives Biden Administration Major Win in Contractor Minimum Wage Case

On April 30, the U.S. Court of Appeals for the Tenth Circuit affirmed a lower court’s ruling denying a bid from two outdoor recreation companies asking for a preliminary injunction on a 2021 Department of Labor (DOL) rule...more

Constangy, Brooks, Smith & Prophete, LLP

Court orders release of contractors’ EEO-1 Reports

Another chapter has unfolded in the ongoing saga relating to the unprecedented and massive FOIA request for all federal contractors’ EEO-1 Reports. As we previously reported, Will Evans, a reporter with The Center for...more

PilieroMazza PLLC

Successor Government Contractor Hiring Obligations Change: DOL’s Long Awaited Nondisplacement Rule Effective February 12, 2024

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On December 14, 2023, the Department of Labor’s (DOL) Wage and Hour Division (WHD) published its long-awaited Final Rule, “Nondisplacement of Qualified Workers Under Service Contracts.” The rule defines service contractors’...more

Littler

OFCCP to Require Successor Employers to Offer Right of First Refusal to Predecessor Employees Under Service Contract Act

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On December 14, 2023, the U.S. Department of Labor issued final regulations requiring the so-called “nondisplacement” of workers performing work on contracts for the federal government under the Service Contract Act (SCA)....more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

BakerHostetler

Another Minimum Wage Increase on the Horizon for Federal Contractors

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The DOL announcement comes on the heels of a federal district court in Texas blocking the enforcement of Biden’s Executive Order 14026 in three states (Texas, Louisiana and Mississippi). The federal court determined that...more

Kilpatrick

DOL Announces New Discrimination Rule for Federal Contractors

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On August 3, 2023, the Department of Labor (“DOL”) announced a new final rule, “Pre-enforcement Notice and Conciliation Procedures” to modify the procedures used by the Office of Federal Contract Compliance Programs (“OFCCP”)...more

Jackson Lewis P.C.

Top Five Labor Law Developments for April 2023

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The National Labor Relations Board returned to its prior standard for analyzing the legality of disciplining employee misconduct related to protected concerted activity. Lion Elastomers LLC II, 372 NLRB No. 83 (May 1, 2023)....more

Fox Rothschild LLP

Federal Contractors Must Certify Compliance with Affirmative Action Program Obligations By June 29

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The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has announced that federal contractors and subcontractors will have between March 31 and June 29, 2023 to certify their compliance with...more

Foley Hoag LLP

OSHA Announces Interim Final Rule on Antitrust Whistleblower Retaliation Claims

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The Occupational Safety and Health Administration (“OSHA”) of the U.S. Department of Labor has released a new rule that will give antitrust whistleblowers added protection against retaliation. The new rule establishes...more

Constangy, Brooks, Smith & Prophete, LLP

OFCCP softens controversial Directive on “pay equity” audits

Some relatively good news from the OFCCP. The Office of Federal Contract Compliance Programs revised its Directive around contractors’ evaluations of their compensation systems. Directive 2022-01, formerly titled “Pay...more

Fisher Phillips

The Top 18 Workplace Law Stories from March 2022

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Perkins Coie

OFCCP Directive on Internal Pay Equity Audits Takes on Privilege Claims

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Federal contractors who conduct pay equity audits under attorney-client and work product privileges face increased risks under a new directive by the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance...more

Hahn Loeser & Parks LLP

U.S. Department of Labor Announces Overhaul of Prevailing Wage Rules

On March 11, 2022, the U.S. Department of Labor announced a Notice of Proposed Rulemaking to update the rules governing how workers are paid on federally funded construction projects. The proposed changes represent the...more

Jackson Walker

Key Highlights from OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard

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On November 4, 2021, the Occupational Safety and Health Administration (OSHA) announced its much-anticipated COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS). The ETS was published in the Federal Register...more

ArentFox Schiff

DOJ's New Civil Cyber-Fraud Initiative and How a Pending Case Could Test Its Efficacy

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The Department of Justice recently announced a new initiative that aims to hold government contractors accountable when they fail to meet required cybersecurity standards. In announcing the “Civil Cyber-Fraud Initiative” in...more

Morrison & Foerster LLP

What To Do Now: Task Force Seeks Broad Coverage And Stringent COVID-19 Protocols For Contractors

On September 24, 2021, the Safer Federal Workforce Task Force (the “Task Force”) issued guidance (the “Guidance”) on President Biden’s Executive Order 14042 (the “Order”). Although the Guidance recognizes that the Order is...more

K&L Gates LLP

Be Prepared: OFCCP Releases Three Initiatives in Three Days – Affirmative Action Verification, Two Other Major Announcements

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OVERVIEW - Nearly nine months after a change in administration, the Office of Federal Contract Compliance Programs (OFCCP) has begun to set its course through a series of major initiatives announced within just a few days. ...more

Wiley Rein LLP

An Interesting Development in DoL’s Proposed Implementation of EO 14026’s $15 Contractor Minimum Wage

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WHAT: The U.S. Department of Labor (DoL) published its proposed rule to implement Executive Order (EO) 14026, Increasing the Minimum Wage for Federal Contractors. EO 14026, covered in our prior alert, requires increasing the...more

Saul Ewing LLP

DOL Issues Proposed Rule Increasing Minimum Wage to $15/ Hour for Federal Contracts

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On July 21, 2021 the Department of Labor (“DOL”) published a Proposed Rule that will raise the minimum wage for federal contractors to $15 per hour beginning January 30, 2022. It also calls for annual, indexed increases...more

Proskauer - Government Contractor Compliance...

DOL Issues Proposed Rule on Raising Minimum Wage to $15 per Hour for Federal Contractor Employees

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

Fox Rothschild LLP

Federal Contractors Beware: Affirmative Action Plan Verification Is 'Coming Soon'

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Over the past several years, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has been inching towards requiring all covered federal contractors to annually verify whether they have...more

Davis Wright Tremaine LLP

OFCCP Update – Covered Federal Contractors Will Soon Be Required to Certify That They Have an Affirmative Action Plan

Federal contractors and subcontractors will soon be asked to regularly certify that they have compliant Affirmative Action Plans (AAP), and contractors may even be required to upload a copy of their AAPs on an annual basis,...more

BakerHostetler

Review of Select Biden Administration Actions Impacting Federal Contractors

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During his first few days in office, President Biden signed numerous executive orders kick-starting the implementation of key features of his campaign platform. Federal contractors may feel overwhelmed by this flurry of...more

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