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
On September 11, 2024, OFAC announced its Interim Final Rule to Extend Recordkeeping Requirements from Five to 10 Years. The Interim Final Rule (IFR) was published in the Federal Register on September 13, 2024. Public...more
Senators Gary Peters (D-MI) and Thom Tillis (R-NC) introduced the PREPARED for AI Act. The bill aims to position federal agencies to safely and effectively adopt AI technologies by creating a comprehensive risk-mitigating...more
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
April 2024 On April 4, 2024, the U.S. Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (“CISA”) published a 447-page Notice of Proposed Rulemaking (“Proposed Rules”) in accordance with the...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
Last week, CMS issued a proposed rule (Proposed Rule) for fiscal year (FY) 2025 aiming to update Medicare hospice payments and aggregate cap amount in accordance with existing statutory and regulatory requirements. The...more
Pursuant to President Biden’s October 2023 executive order on AI, in March 2024 the Office of Management and Budget issued a memorandum directing the use of AI by federal agencies. Among other provisions, the memorandum...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
On March 28, 2024, the White House unveiled revisions to the federal statistical standards for race and ethnicity data collection for federal agencies, adding a new category and requiring a combined race and ethnicity...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
OFCCP published a Notice in the Federal Register seeking public comments on several changes to its Information Collection Requirements (“ICRs”) for federal construction contractors in conjunction with its request for Office...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
The EEOC has announced that the long-delayed 2022 EEO-1 reporting period will finally open on October 31, 2023. The deadline for filing will be December 5, 2023....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
Earlier this month, the Equal Employment Opportunity Commission’s (EEOC)’s request was approved to renew a slightly streamlined version of its EEO-1 data collection form. This was expected, as EEOC (like other government...more
Under Title VII of the Civil Rights Act, private sector employers with 100 or more employees and certain federal contractors with 50 or more employees are required to provide demographic information of their...more
Late last week, the EEOC quietly changed the timeline for opening this year’s EEO-1 Reporting portal to sometime in “Fall 2023.” For several months, the EEOC’s landing page had indicated that the EEO-1 portal would be opened...more
Employers required to annually submit EEO-1 reports now have more time to compile their 2022 reports. Last week, the U.S. Equal Employment Opportunity Commission (EEOC) released a notice stating that the 2022 EEO-1 reporting...more
Last week the Equal Employment Opportunity Commission revealed that the 2022 EEO-1 reporting deadline is again being postponed. Reporting, which was expected to begin in July, is now “tentatively” scheduled to open in the...more
In an update on its EEO-1 Component 1 Data Collection landing page, EEOC pushed - “the tentative opening of the 2022 EEO-1 Component 1 data collection to the Fall of 2023.” As previously reported, EEOC originally...more
At its April 20, 2023 Open Meeting, the Federal Communications Commission (“FCC” or “Commission”) adopted an Order imposing a one-time ownership-related data request to which all holders of Section 214 authority to provide...more