Office of Federal Contract Compliance Programs

News & Analysis as of

Not So Fast: Administrative Review Board Vacates Discrimination Finding Sought by OFCCP

A recent decision from the Department of Labor’s Administrative Review Board serves as a warning to federal agencies against overreaching in their efforts to identify alleged employment discrimination. It also serves to...more

Final Blacklisting and Contractor Paid Sick Leave Rules Slated for Late Summer Publication, According to Spring Regulatory Agenda

Although this election season may feel endless, there are only six more months until voters decide the next president and members of Congress. Within this window, federal agencies are scrambling to finalize rules before the...more

OFCCP Publishes Revised FAAP Directive

The Office of Federal Contract Compliance Programs (OFCCP) has published a revised directive regarding the use of Functional Affirmative Action Plans (FAAPs). A FAAP requires specific OFCCP approval and is a departure from...more

OMB Approves Revised Directive Regarding Functional Affirmative Action Programs

On April 28, 2016, the U.S. Office of Management and Budget (“OMB”) approved the Depart of Labor’s revised directive regarding Functional Affirmative Action Programs (“FAAP”).  The revised directive amends the procedures for...more

How Gov't Contractors Can Avoid Pay Transparency Mishaps

The final rule implementing Executive Order 13665 (the Pay Transparency Act) went into effect on Jan. 11, 2016. The act prohibits employers from requiring their employees to keep their compensation confidential. Under the new...more

Asbestos Specialists, Inc. Will Pay $100,000 and Make Major Policy Changes to Resolve EEOC and OFCCP Investigations

WASHINGTON, D.C.-Asbestos Specialists, Inc. (ASI), a Baltimore-based company that specializes in asbestos removal and demolition in the Washington, D.C. area, will pay $100,000 and furnish significant equitable relief to...more

EEOC Seeks More Pay Data

Most private employers with 100 or more employees, and certain federal government contractors with 50 or more employees, are required to annually submit “The Employer Information Report” (known as the EEO-1) to the Equal...more

Equal Pay Efforts Falter at the Federal Level, Gain Traction Elsewhere

Earlier this week, Senators Patty Murray (D-WA) and Deb Fischer (R-NE) attempted to force passage of two pay-related bills. The promotion of dueling legislation was likely a symbolic nod to Equal Pay Day, commemorated on...more

Equal Pay Day 2016:  Where Are We 20 Years Later?

April 12 2016 marked the twentieth anniversary of “Equal Pay Day,” which the National Committee on Pay Equity launched as a public awareness event in 1996 to symbolize how far into the year women must work to earn what men...more

U.S. Women’s Soccer Scores Visibility for Pay Discrimination

As our readers may have heard, the star members of the U.S. women’s soccer team filed a wage discrimination complaint against the U.S. Soccer Federation (USSF) with the Equal Employment Opportunity Commission (EEOC). In the...more

Seyfarth Submits Comments to EEOC Regarding Proposed Pay Data Collection under EEO-1 Report

Seyfarth Synopsis in a Second: Seyfarth Shaw submitted comments on behalf of the U.S. Chamber of Commerce and standalone comments on behalf of the Firm and its clients responding to the EEOC’s proposal to mandate that...more

Orrick to Provide Testimony on EEOC’s Proposed Revisions to the EEO-1 Report

On March 16, 2016 the EEOC will be holding hearings on its proposal to expand the EEO-1 report to require employers to provide pay data. Orrick’s Gary Siniscalco was asked to address the hearing to provide employer views on...more

EEOC Proposes Addition Of Pay Data To EEO-1 Reports

The Equal Employment Opportunity Commission (EEOC) recently announced a proposed revision to the Employer Information Report (EEO-1). Current regulations require employers with 100 or more employees (including federal...more

What is The Status of OFCCP Jurisdiction Over Healthcare Providers?

In recent years, the U.S Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) has aggressively argued that healthcare providers that participate in one of three federal healthcare...more

What GCs Need to Know About Employment Enforcement Agencies

his is the third in our series of posts meant to give General Counsel (and those who support and inform them) a quick overview of employment law issues they are likely to encounter. As we have noted in previous posts, the...more

EEOC Charges Forward with Obama Administration Equal Pay Initiative

In a step likely to create additional burdens on employers, the Equal Employment Opportunity Commission (“EEOC”) has proposed changes to employer reporting requirements that would require most employers to provide significant...more

OFCCP Sues B&H for Alleged Discrimination

Last week, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) filed an administrative lawsuit against B&H Foto & Electronics Corporation (“B&H”), a major New York-based electronics...more

Concerns Loom Over EEOC's Efforts to Obtain Data Targeting Discriminatory Pay Practices

Earlier this month Faegre Baker Daniels reported on the Equal Employment Opportunity Commission’s controversial proposed revisions to the Employer Information Report (EEO-1) Form which, if adopted, would require certain...more

Five Employment Law Compliance Topics of Interest to Financial Services Industry Employers

Employers in the financial services industry are faced with an escalating number of employment law compliance challenges, but the news is not all bad. For example, although pleading standards for Sarbanes-Oxley Act (“SOX”)...more

"Employment Flash - February 2016"

The February 2016 edition of the Employment Flash looks at the EEOC's proposal for collecting equal pay information, the DOL's recent interpretation of joint employment liability under the FLSA and MSPA, Lyft's settlement of...more

The New EEO-1 Pay Reporting Burdens Employers

In conjunction with the seventh anniversary of the Lilly Ledbetter Fair Pay Act, the EEOC and Office of Federal Contract Compliance Programs (OFCCP) proposed employers of 100 or more employees additionally report employee pay...more

EEOC Seeks to Tackle Pay Equity With Proposed EEO-1 Pay Data Requirement

Earlier this month, seven years after President Obama's historic signing into law of the Lilly Ledbetter Fair Pay Act, the U.S. Equal Employment Opportunity Commission (EEOC) took a significant step toward enforcing the Obama...more

EEOC Plans to Target Gender Pay Gap by Collecting Pay Data from Large Employers

On January 29, 2016, nearly seven years after the Lilly Ledbetter Fair Pay Act was enacted into law, the U.S. Equal Employment Opportunity Commission (the “EEOC”) announced a proposed revision to the Employer Information...more

Federal Contractors Be Alert: OFCCP Pay Transparency Requirements Are Here

Effective January 11, 2016, federal contractors or subcontractors who enter into or modify existing contracts with the federal government in amounts greater than $10,000 must comply with Executive Order 13665...more

EEOC Seeks to Expand EEO-1 Form to Include Pay Data

The Equal Employment Opportunity Commission (EEOC) has announced plans to require employers to provide information about employee pay and hours worked as part of their annual EEO-1 reports. The EEOC’s proposal, which was...more

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