News & Analysis as of

Office of Federal Contract Compliance Programs NPRM

K&L Gates LLP

Proposed Rule by the Federal Acquisition Regulatory Council Would Ban the Use of Salary History Data by Federal Contractors and...

K&L Gates LLP on

On 29 January 2024, the Federal Acquisition Regulatory Council (FAR Council) issued a Notice of Proposed Rule Making (NPRM) that would prohibit federal contractors and subcontractors from seeking and considering information...more

Morrison & Foerster LLP

Proposed Rule Seeks to Mandate Pay Transparency and Ban Using Salary History for Federal Contractors

On January 29, 2024, the Biden administration issued a Proposed Rule that would prohibit federal contractors from seeking and considering compensation history when making employment decisions and require contractors to...more

DirectEmployers Association

OFCCP Week In Review: January 2024 #5

Friday, January 19, 2024: Federal Trial Court Dismissed Novel Complaint Alleging Certain Algorithm-Based Applicant Screening Tools Discriminated Based on Race, Age, & Disability - Complaint Sought Class Action Certification...more

DirectEmployers Association

OFCCP Week In Review: January 2024 #4

Wednesday, January 17, 2024: Conservative Activist Group Filed Complaints with OFCCP Alleging Prominent Airlines’ DEI Programs Violated Their Federal Contracts - “Doubling down” on its new tactic, America First Legal...more

DirectEmployers Association

OFCCP Week In Review: September 2023 #4

Monday, September 18, 2023: Second USDOL WHD PUMP Act Enforcement Action Assessed Penalties Against Employer for Alleged Failure to Provide Pumping Privacy - The U.S. Department of Labor’s Wage and Hour Division (“WHD”)...more

DirectEmployers Association

OFCCP Week In Review: August 2023

Tuesday, August 1, 2023: JOLTS Report – Job Openings Decreased by 34k in June, Rate Steady at 5.8% Official logo for the U.S. Bureau of Labor Statistics (BLS)The number of job openings in June was 9,582,000 – a small...more

DirectEmployers Association

OFCCP Week In Review: June 2023 #3

Tuesday, June 13, 2023: U.S. NLRB Returned to Obama-Era Independent Contractor Standard for NLRA Coverage - Ruling Makes It Harder for Employers to Treat Workers as Independent Contractors - Decision Will Also Impact...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - April 2022

This week, President Biden released his budget for fiscal year (FY) 2023, which begins on October 1, 2022. As the Buzz has written many times in the past, because the U.S. Congress has the “power of the purse” and is solely...more

FordHarrison

OFCCP Proposes Dialing Back Transparency and Legal Thresholds in "PDN Rule"

FordHarrison on

On March 21, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a Notice of Proposed Rulemaking (NPRM) dialing back the level of transparency and evidentiary standards for issuing pre-enforcement notices...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - November 2021 #2

Infrastructure Bill Passes - Now What? Both the U.S. Senate and U.S. House of Representatives are out this week. But before they left for home, on November 5, 2021, the House of Representatives passed the Infrastructure...more

Polsinelli

OFCCP Seeks to Provide Certainty to Contractors By Issuing Final Rule on Compliance Evaluation Procedures

Polsinelli on

On November 10, 2020, OFCCP published its Final Rule on “Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures to Resolve Potential Employment Discrimination.”  We previously covered OFCCP’s...more

Littler

OFCCP Issues Final Rule on TRICARE Participation and Covered Health Care Providers

Littler on

On July 2, 2020, the Office of Federal Contract Compliance Programs (OFCCP) issued a final rule1 amending its regulations to confirm the agency lacks jurisdiction over health care providers whose sole government contract is...more

Proskauer - Government Contractor Compliance...

OFCCP Proposes Rules Codifying Procedures for Resolving Alleged Violations and Setting Thresholds For Discrimination Findings

Quick Hit: OFCCP has published a Notice of Proposed Rulemaking (NPRM) it states would “codify the procedures that the agency currently uses to resolve potential discrimination and other material violations” and “clarify...more

Polsinelli

OFCCP Proposes Rulemaking to Codify Compliance Evaluation Procedures

Polsinelli on

On December 30, 2019, OFCCP issued a Notice of Proposed Rulemaking on Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures to Resolve Potential Employment Discrimination....more

Constangy, Brooks, Smith & Prophete, LLP

OFCCP Proposes Regulations For Resolving Violations

OFCCP presents final gift of 2019 to contractors. The Office of Federal Contract Compliance Programs issued a Notice of Proposed Rulemaking, seeking to amend its regulations and add procedures relating to resolving alleged...more

Jackson Lewis P.C.

OFCCP Proposes Codification Of Procedures For Addressing Alleged Discrimination And Defines Statistical Thresholds

Jackson Lewis P.C. on

OFCCP has published a Notice of Proposed Rulemaking (NPRM or Proposed Rule) proposing to codify procedures the agency uses to resolve potential violations of the affirmative action laws the agency enforces. If approved, the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - August 2019 #3

Final Overtime Rule Advances. The U.S. Department of Labor’s Wage and Hour Division’s proposal to increase the salary threshold regarding overtime pay to slightly more than $35,000 per year took another step forward in the...more

Polsinelli

OFCCP Plans Three Proposed Rulemakings in 2019

Polsinelli on

On May 22, 2019, the Trump administration released its Spring 2019 Unified Agenda of Regulatory and Deregulatory Actions.  This agenda reports on the actions that administrative agencies plan to issue in both the near and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - March 2019 #5

Regular Rate Proposal Issues. On March 29, 2019, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) published a notice of proposed rulemaking (NPRM) to clarify what forms of payments must be included (or...more

Foley & Lardner LLP

Two Department of Labor Agencies Announce Recent Developments: EEOC and OFCCP

Foley & Lardner LLP on

OFCCP Audit Scheduling Letters Available Online – On Friday, February 22, 2019, the Office of Federal Contract Compliance Programs (OFCCP) announced that it is on schedule to post its next set of Corporate Scheduling...more

PilieroMazza PLLC

Weekly Update Newsletter - April 2015

PilieroMazza PLLC on

GOVERNMENT CONTRACTS - GSA and HHS Issue a Notice Regarding Conducting a National Dialogue To Reduce Reporting Compliance Costs for Federal Contractors and Grantees - The General Services Administration (GSA)...more

PilieroMazza PLLC

Weekly Update Newsletter - February 2015

PilieroMazza PLLC on

GOVERNMENT CONTRACTS - DOL Issues Notice of Proposed Rulemaking Regarding Discrimination on the Basis of Sex - The U.S. Department of Labor's (DOL) Office of Federal Contract Compliance Programs (OFCCP) issued a...more

Dorsey & Whitney LLP

Quirky Question #252, OFCCP Guidelines Become Regulations?

Dorsey & Whitney LLP on

Question: Have there been any recent changes in the rules governing federal contractors? Answer: On January 30, 2015, the Office of Federal Contract Compliance Programs (OFCCP) published a Notice of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OFCCP’s Proposed Sex Bias Rules Continue Agency’s Focus on Compensation, Gender Identity, and Pregnancy Accommodation

On January 28, 2015, the Office of Federal Contract Compliance Programs (OFCCP) issued a Notice of Proposed Rulemaking (NPRM) to replace the current sex discrimination guidelines. This updated rule is intended to reflect...more

Holland & Knight LLP

New Government Contractor Regulations Define and Prohibit Workplace Sexual Bias - The Guidelines Are in Fact Requirements for...

Holland & Knight LLP on

The Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) has proposed the first major substantive changes to its Sex Discrimination Guidelines in more than 40 years. The new regulations are significant...more

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