News & Analysis as of

OFCCPs New Veteran/Disability Regulations Are Now in Effect. Are You Ready?  [Video]

Two new groundbreaking regulations implementing Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans Readjustment Assistance Act went into effect on March 24. They require federal government contractors...more

Equal Pay Issues Addressed by President Obama on “National Equal Pay Day,” When He Signed An Executive Order and Presidential...

On April 8, 2014, President Obama signed a Presidential Memorandum that will require federal contractors and subcontractors to provide to the U.S. Department of Labor compensation data based on their employees’ sex and race....more

President Obama Targets Equal Pay

On April 8, President Obama issued two executive orders which will impact employers who do business with the federal government. First, the President made it unlawful for contractors to retaliate against employees who discuss...more

President Takes Executive Action Over Pay Equity By Federal Government Contractors

Yesterday, in connection with “Equal Pay Day” ceremonies at the White House, President Obama issued an Executive Order and a Presidential Memorandum aimed at ensuring that employees of Federal government contractors and...more

Obama Requests Increased OFCCP Funding in FY 2015 Budget

On March 4, 2014, Secretary of Labor Thomas Perez released OFCCP’s FY 2015 budget request, which includes a request for over $107 million in funding for OFCCP’s operations. This amount represents a $3 million increase over...more

OFCCP Seeks Comments On Discrimination Complaint Form

OFCCP is seeking public comment its form for individual complaints of discrimination and retaliation. An employee or applicant of a federal contractor may file a complaint of discrimination or retaliation with the OFCCP. The...more

OFCCP Flexes its Muscle with Threats of Term Debarment

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

Labor And Employment Observer - 2013/2014

In This Issue: Message from the Chair; Social Media and the Workplace: 2013 and Beyond; Unpaid Internships: Training Ground or Legal Landmine?; Supreme Court’s Nassar Decision Sets Higher Causation Standard for a...more

A Review of Labor and Employment Policy in 2013: What’s Next in 2014?

As 2013 comes to a close, it’s time to assess what happened and what didn’t happen in Washington, D.C. during the year in terms of labor and employment law legislation, regulations, and litigation. The short version is that...more

Employment Flash - November 2013

In This Issue: - OFCCP Releases VEVRAA and Rehabilitation Act Section 503 Final Rules - US Supreme Court to Decide Whether Severance Payments Are Subject to FICA - SDNY Rules That NYC Human Rights Law Does Not...more

Government Procurement: September and October 2013 Federal Register Update

1. Final Rules Regarding the Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors - On September 24, 2013, the Department of Labor Office of Federal Contract Compliance Programs...more

OFCCP Announced a Series of Consent Decrees Impacting Contractors Prior to the Government Shutdown

A Department of Labor Administrative Law Judge (“ALJ”) approved a consent decree on September 16, 2013 between the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) and Medtronic, Inc....more

Pay Bias Standards and Voluntary Guidance Rescinded in Favor of Expanded Investigations of Federal Contractors

Effective February 28, 2013, the Office of Federal Contract Compliance Programs (“OFCCP”) rescinded two President Bush-era pay discrimination guidance documents and replaced them with Directive 307, Procedures for Reviewing...more

New Affirmative Action Rules for Federal Contractors

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

OFCCP Issues Long-Awaited VEVRAA and Section 503 Final Rules

On August 27, 2013, the Office of Federal Contract Compliance Programs ("OFCCP") released long-awaited Final Rules that substantially impact federal contractor compliance obligations under the Vietnam Era Veterans'...more

The Employment Law Authority - July/August 2013

In This Issue: - Supreme Court Issues Two Key Title VII Rulings - Ogletree Deakins Launches New Fall Seminar - Are Your HIPAA Privacy Policies Up To Date - OFCCP Clarifies Damages For Victims Of Bias - The...more

ALJ Rules “Non-Asian” Group Not Protected Under Executive Order 11246

A Department of Labor Administrative Law Judge (“ALJ”) ruled on August 5, 2013 that the Office of Federal Contract Compliance Programs (“OFCCP”) cannot proceed with a disparate impact claim against a clothing manufacturer...more

OFCCP Clarifies Damages Available to Victims of Discrimination

The Office of Federal Contract Compliance Programs (OFCCP) is charged with enforcing the affirmative action and non-discrimination obligations of federal contractors and subcontractors....more

Legal Alert: OFCCP Sends Final Disability And Veterans' Rules To OMB

The Office of Federal Contract Compliance Programs (OFCCP) has sent its final rules amending federal contractors' affirmative action and nondiscrimination obligations toward disabled persons and protected veterans to the...more

OFCCP Issues Directive 310: Guidance on Back Pay Calculations

The Office of Federal Contract Compliance Programs (“OFCCP”) released Directive 310 on July 17, 2013. The Directive provides guidance concerning the calculation of back pay awards by OFCCP in investigations and proceedings...more

Contractor Pays $372,000 to Settle Retaliation Claims Asserted by Employees Hired Pursuant to Conciliation Agreement

The Office of Federal Contract Compliance Programs (OFCCP) has just announced that Tufts Associated Health Plans Inc. (Tufts) will pay $372,000 to 12 minority employees....more

Health Insurer Settles OFCCP Retaliation Allegations for $372,000

A health insurance provider in Massachusetts has agreed to pay $372,739 to resolve an Office of Federal Contract Compliance Programs (OFCCP) investigation into claims of discrimination and retaliation....more

Release of New Disability and Veterans Regulations Appears Imminent

The Office of Federal Contract Compliance Programs (OFCCP) has extended the projected date for the release of final rules regarding federal contractors’ affirmative action and nondiscrimination obligations for individuals...more

The EEOC And OFCCP Announce Anticipated Increase In Investigation Of Disparate Pay Claims

In the EEOC’s Strategic Enforcement Plan for 2013-2016, the Commission has prioritized and committed to enhanced enforcement of equal pay laws to eliminate compensation systems and practices that discriminate based on gender....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

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