DE Under 3: FAR Council Seeks to Require Federal Contractors to Report First-Tier Subcontractor Information, Including Potentially Executive Compensation Data
DE Under 3: OMB Announced Finalized Overhaul to Federal Race & Ethnicity Data Collection Standards
DE Under 3: OFCCP Resurrects Proposal for Monthly CC-257 Employment Utilization Reports for Construction Contractors
DE Under 3: FAR Council Submitted for OMB Approval Proposed Rule on “Pay Equity and Transparency in Federal Contracting”
DE Under 3: Surprises Lurk Throughout OMB's 2023 Spring Regulatory Agenda
DE Under 3: OFCCP’s Controversial “Pre-Enforcement Notice & Conciliation Procedures” Final Rule Coming Soon
DE Under 3: President Biden Issued "Modernizing Regulatory Review" Executive Order
DE Under 3: OMB’s Initial Proposal to Overhaul Federal Race & Ethnicity Data Collections
DE Under 3: OMB Publishes Its Fall 2022 Regulatory Agenda
DE Under 3: Big Changes Coming to OFCCP's Supply & Service Contractor ICRs
DE Under 3: Employment Poster Requirements & the U.S. DOJ’s First-Ever Criminal Anti-Trust Prosecution
DE Under 3: Data Gathering & Data Delivery
DE Under 3: New Data Collection Burdens, NLRB’s Ruling Regarding Union Election Dismissals, and OMB’s Tech Modernization Fund
Biden’s Modernizing Regulatory Review – A New Paradigm?
DoD Cyber: A Conversation with Melissa Vice, COO for DoD’s Vulnerability Disclosure Program
Is it the End of the EB-5 World as We Know it? How to Prepare for Potential Changes
I-14: Update on EEO-1 and I-9 Forms, Employer Obligations After a Hurricane or Other Natural Disaster, and Attorney Jason Barsanti on Meal and Rest Breaks
The FAR Council published a Notice seeking public comments regarding its request to obtain approval from the Office of Management and Budget (“OMB”) of the “reinstatement” of a previously approved Information Collection...more
On March 28, 2024, the White House Office of Management and Budget issued new guidance on the collection of race and ethnicity data by federal agencies. OMB revised Statistical Policy Directive (SPD) 15, which is labelled...more
The EEOC recently announced that the 2023 EEO-1 data collection period will open on April 30, 2024. Employers with 100 or more employees must report data about their workforce, including job category and sex and race or...more
The Biden Administration recently issued its clearest articulation yet of how federal agencies can use AI—and no surprise: There are big implications for companies delivering AI solutions to federal government customers....more
With DEI a high priority in today’s work environment, many companies are establishing employee resource groups (“ERGs”) to bring people together in celebration and support of both their commonalities and their differences....more
In the latest DE Under 3, our experts discuss the Office of Management and Budget's (OMB) update to Statistical Policy Directive (SPD) 15 and how the federal agencies will enforce these new race and national origin...more
Proposed Version of Reinstated Form Would Have Multiple Changes- In a move perhaps akin to a vampire or zombie story, OFCCP is seeking public comments regarding its sudden proposal (not mentioned in its Semi-Annual...more
As 2023 ends, despite the visions of sugar plums dancing in your head, it is a good time to take stock of government initiatives affecting your Affirmative Action practice, the better to get ready for 2024. Many things...more
The third quarter had government contractors staring down the possibility of a government shutdown while also contending with some significant regulatory developments. We review some of those developments below....more
Finally! After considerable delay, and approval from the Office of Management and Budget, the Equal Employment Opportunity Commission announced that the portal for 2022 EEO-1 Reports would open on October 31, 2023....more
Federal contractors will need to use a recently updated OFCCP form when collecting voluntary applicant data concerning disabilities beginning in July 2023. On April 26, 2023, OFCCP published the revised Voluntary...more
On April 7, 2023, a proposed rule seeking to broaden "persuader" activity reporting requirements on the LM-10 Disclosure Form (the Disclosure Form) was sent to the Office of Management and Budget (OMB) for review, signaling...more
The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment. Wednesday, November 16, 2022: OFCCP Published Proposed Changes to Disability...more
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 J. Chambers and Cynthia L. Hackerott. In today’s...more
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
On September 1, 2021, the Office of Federal Contract Compliance Programs (OFCCP) announced that it would “evaluate” using compensation data reported by federal contractors in annual EEO-1 filings to guide its enforcement...more
On January 25, 2021, President Joe Biden signed an Executive Order on “Ensuring the Future is Made in All of America by All of America’s Workers,” laying his administration’s foundation for further strengthening Buy American...more
As we previously reported, on May 8, 2020 the OFCCP announced that the Office of Management and Budget approved its updated Disability Self-Identification Form (the “Form”). The Form is available in multiple languages. OFCCP...more
On May 5, 2020, the Office of Management and Budget (OMB) approved the Office of Federal Contract Compliance Programs' (OFCCP) revised voluntary self-identification of disability form. Federal contractors and subcontractors...more
As we previously reported, in October 2019 OFCCP announced that it had submitted a request to the Office of Management and Budget (“OMB”) for approval of proposed changes to its Voluntary Self-Identification of Disability...more
On May 8, 2020, the Office of Federal Contract Compliance Programs (OFCCP) announced an August 4, 2020, deadline for federal contractors and subcontractors to implement a new disability self-identification form to use when...more
On February 10, 2020, in National Women’s Law Center v. Office of Management and Budget, the U.S. District Court for the District of Columbia ordered the Equal Employment Opportunity Commission’s (EEOC’s) collection of gender...more
The Office of Federal Contract Compliance Programs (OFCCP) has announced that it will not request, accept, or use “Component 2” compensation data submitted on the EEO-1 form....more
The EEOC announced yesterday, September 12, 2019, that it “is not seeking to renew Component 2 of the EEO-1” in a notice published on the Federal Register....more