Executive Summary: On July 2, 2020, the Office of Federal Contract Compliance Programs (OFCCP) published a Federal Register Notice of Final Rule amending its regulations under 41 CFR 60 regarding OFCCP jurisdiction over...more
On July 2, 2020, the US Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published its final rule amending regulations regarding the OFCCP’s authority over TRICARE healthcare providers with respect...more
Just in time for Independence Day, the government agency overseeing affirmative action requirements for federal contractors declared that healthcare providers who participate in TRICARE – the federal health care program...more
On July 2, 2020, the U.S. Department of Labor (DOL) Office of Federal Contract Compliance Programs (OFCCP) published the final rule, “Affirmative Action and Nondiscrimination Obligations of Federal Contractors and...more
On July 2, 2020, the Department of Labor (DOL) published a final rule, which clarifies that its Office of Federal Contract Compliance Programs (OFCCP) lacks authority over certain medical providers who contract with TRICARE....more
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
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
The Final Rule is out, and it’s good news! The Office of Federal Contract Compliance Programs issued a Final Rule providing that it has no authority over TRICARE health care providers. The Rule follows a notice and comment...more
OFCCP has finalized its rule making to officially confirm the Agency does not, and should not, exert authority over TRICARE providers. OFCCP first took this position in a proposed rule making in November 2019. In the final...more
Right of First Refusal EO Revoked. Last week, President Trump issued an Executive Order revoking Executive Order 13495 issued by President Obama in January 2009. EO 13495 required that successor Federal service contractors...more
Fluctuating Workweek Reg Drops. On November 5, 2019, the U.S. Department of Labor’s Wage and Hour Division issued a notice of proposed rulemaking for computing overtime compensation for salaried nonexempt employees whose...more
OFCCP's proposed rule exempts TRICARE providers. As teased earlier this year, the Office of Federal Contract Compliance Programs has issued a Notice of Proposed Rulemaking formally addressing its authority over TRICARE...more
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
According to a May 18, 2018, press release, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has extended its moratorium on enforcing the affirmative action obligations of TRICARE...more
On May 18, 2018, the U.S. Office of Federal Contract Compliance Programs (OFCCP) issued a directive ending uncertainty as to whether efforts to audit TRICARE participants will resume in 2019 and signaling an encouraging...more
Today, the Trump Administration released its Spring 2018 Unified Agenda of Regulatory and Deregulatory Actions, which “reports on the actions administrative agencies plan to issue in the near and long term.”...more
On April 18, 2018, in another step signaling increased transparency for federal contractors, OFCCP issued a release describing its methodology for selecting and scheduling federal contractors for audit in 2018. ...more
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
On May 7, 2014, the Office of Federal Contract Compliance Programs (OFCCP) issued Directive 2014-01, instituting a five-year moratorium on the OFCCP enforcement over TRICARE subcontractors. The moratorium applies to health...more
Over the past several years, we have written repeatedly about the efforts of the Office of Federal Contract Compliance Programs (the OFCCP) to gain jurisdiction over health care providers based solely on providers'...more
On July 22, 2013, the Office of Federal Contract Compliance Programs (OFCCP) won a surprising victory before the Department of Labor’s (DOL) Administrative Review Board (ARB), breathing new life into the agency’s efforts to...more