News & Analysis as of September 20, 2024

Federal Contractors

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Don’t Let the Government Name, Shame, and Fine You – Export Controls Do NOT Excuse Hiring Discrimination

Sheppard Mullin Richter & Hampton LLP on 4/27/2023

When can an employer use the “national security exception” under U.S. anti-discrimination law to make a hiring decision based on the national origin of the candidate? An often overlooked area of compliance is how to comply...more

Increase Diversity While Keeping It Legal

Constangy, Brooks, Smith & Prophete, LLP on 6/14/2021

Improving diversity -- what's okay and what isn’t? Employers are creative and strategic when it comes to increasing workforce diversity. Sometimes, however, that creativity -- and the motivation to “move the needle” on...more

OFCCP Week In Review: January 2021 #2

DirectEmployers Association on 1/11/2021

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

OFCCP Audits Are Coming: 6 Tips to Help You Prepare

PilieroMazza PLLC on 9/17/2020

The Office of Federal Contract Compliance Programs (OFCCP) just released its FY 2020 lists of Supply & Service and Construction contractors the agency expects to audit...more

Law Firms: Are You Ready for OFCCP to Come Knocking?

Polsinelli on 4/12/2019

“Glaring,” “concerning,” “troubling,” “problematic,” and “systemic” were some of the words used by OFCCP Director Craig Leen to describe the underrepresentation of women, minorities, and individuals with disabilities at large...more

What To Do When The OFCCP Comes Knocking

Williams Mullen on 6/21/2018

If you are a member of the government contracting community, you probably have some familiarity with the Office of Federal Contract Compliance Programs (OFCCP), an arm of the U.S. Department of Labor (DOL). Hopefully, your...more

OFCCP sends 1,000 Audit Notices to Government Contractors

Stinson LLP on 2/12/2018

The Office of Federal Contract Compliance Programs (OFCCP) recently sent approximately 1,000 notices to government contractors and subcontractors to inform them that they may be subject to an audit of their affirmative action...more

Different but Equivalent: Fourth Circuit Clarifies Parameters of Leave Under Family and Medical Leave Act

Smith Debnam Narron Drake Saintsing & Myers,... on 7/3/2017

On May 16, 2017, the United States Court of Appeals for the Fourth Circuit, which governs cases pending in North Carolina, issued an opinion that reveals the parameters within which an employer may fill an employee’s position...more

Federal Contractor To Pay Nearly $1.66 Million To Settle Hiring Bias Allegations by OFCCP

Fox Rothschild LLP on 4/28/2017

A computer technology company’s recent $1.6 million settlement with the Office of Federal Contract Compliance Programs is a stark reminder that federal contractors must ensure their hiring policies do not have any unlawful...more

Tech Company Sued For Alleged Hiring Bias Against Asians, OFCCP’s Shiu To Step Down

Constangy, Brooks, Smith & Prophete, LLP on 10/26/2016

Being part of the “in” crowd with the FBI apparently does not protect you from the Office of Federal Contract Compliance Programs. To the contrary: It was an FBI contract that subjected a California-based technology...more

California Legislative Update: Which Bills Made the Final Cut?

Littler on 10/4/2016

Although the California Legislature sent Governor Jerry Brown bills on bed bugs, powdered alcohol, and making denim the official state fabric, the laws enacted in 2016 affecting the state’s private-sector employers were...more

OFCCP Takes Contractors Back To School On Pre-Employment Testing

Constangy, Brooks, Smith & Prophete, LLP on 8/18/2016

Federal contractors, be warned: If you have not properly reviewed (and validated!) any testing used as part of your hiring process, the Office of Federal Contract Compliance Programs may take issue . . . and seek to collect...more

Labor & Employment Issues Facing the Healthcare Industry

Littler on 4/12/2016

Public discourse on "healthcare" has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical...more

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

McGuireWoods LLP on 9/25/2015

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

The OFCCP’s War Path: Federal Contractors Take Note

Robinson & Cole LLP on 9/24/2015

Subject to very limited exceptions, employees of federal contractors must be permitted to discuss their compensation without retaliation or fear of intimidation. Federal contractors will be required to provide paid sick...more

Two New Developments Affecting Federal Contractors

Miller & Martin PLLC on 9/15/2015

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

That is SO last week - September 2015

Zelle LLP on 9/9/2015

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

Foley & Lardner LLP on 9/9/2015

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

Blacklisting for Past Labor Violations -- Executive Order 13673

Bradley Arant Boult Cummings LLP on 9/9/2015

Officially known as “Fair Pay and Safe Workplaces,” Executive Order 13673 now consists of proposed guidance from the Department of Labor (DOL) and proposed regulations from the Federal Acquisition Regulatory Council (FAR). It...more

Construction Case Law Update - January 2015

Carlton Fields on 1/28/2015

“Reduction in Force” Employment Discrimination by Federal Contractors – “In situations involving a reduction in force, a modified prima facie formulation may apply, which allows a case of discrimination to be established by...more

The Employment Law Authority - December 2014

Ogletree, Deakins, Nash, Smoak & Stewart,... on 12/17/2014

In This Issue: - Justices Issue Pro-Employer Rulling in FLSA Case - Ogletree Deakins Named A "Law Firm of the Year" - California Mandates Anti-Bullying Training for Supervisors - OFCCP Issues Final...more

Obama Administration Announces Expansion of Executive Order 11246 to Protect LGBT Workers of Federal Government Contractors

Proskauer - Government Contractor Compliance... on 6/17/2014

Today, the White House announced that President Obama will issue an executive order that bans federal contractors from discriminating on the basis of sexual orientation and gender identity. According to White House staff, the...more

OFCCP Flexes its Muscle with Threats of Term Debarment

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/31/2014

The Office of Federal Contract Compliance Programs (OFCCP) recently announced a significant monetary settlement of a complaint alleging hiring discrimination by a federal contractor. In this complaint, the agency alleged that...more

New Affirmative Action Rules for Federal Contractors

Miller & Martin PLLC on 9/12/2013

On August 27, the U.S. Department of Labor announced two significant final rules governing affirmative action. The Office of Federal Contract Compliance Programs (OFCCP) administers affirmative action requirements that...more

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