On April 25, 2023, the Office of Management and Budget (OMB) approved the Office of Federal Contract Compliance Programs' (OFCCP) revised Voluntary Self-Identification of Disability Form (CC-305). Federal contractors and...more
The Office of Federal Contract Compliance Programs' (OFCCP) Contactor Portal is now open until June 29, 2023.
Federal contractors and subcontractors (contractors) must certify, on an annual basis, whether they are...more
4/4/2023
/ Affirmative Action ,
Certification Requirements ,
CSALs ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Federal Contractors ,
Hiring & Firing ,
OFCCP ,
Portal ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
On August 18, 2022, the Office of Federal Contract Compliance Programs (“OFCCP”) issued “Advancing Pay Equity Through Compensation Analysis,” a revision to Directive 2022-01, “Pay Edit Audits.” The revised Directive states...more
8/26/2022
/ Audits ,
Compensation & Benefits ,
Document Requests ,
Employer Liability Issues ,
Equal Pay ,
Federal Contractors ,
FOIA ,
OFCCP ,
Pay Equity Laws ,
Reporting Requirements ,
Wage and Hour
Effective Compliance Evaluations and Enforcement -
On March 31, 2022, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a new directive concerning enforcement of its equal...more
4/7/2022
/ Affirmative Action ,
CSALs ,
Equal Pay ,
Federal Contractors ,
Federal Labor Laws ,
Gender-Based Pay Discrimination ,
Labor Reform ,
New Guidance ,
OFCCP ,
Pay Equity Laws ,
Policy Statement ,
Wage and Hour
As anticipated in our prior alerts, there have been continuing practical and legal challenges to implementing the Path Out of the Pandemic plan. This alert provides an update on the current status of challenges to OSHA's...more
12/2/2021
/ Biden Administration ,
Centers for Medicare & Medicaid Services (CMS) ,
Comment Period ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
Infectious Diseases ,
Motion To Enjoin ,
Multidistrict Litigation ,
OSHA ,
Preliminary Injunctions ,
Stays ,
Tenth Amendment ,
Vaccinations ,
Workplace Safety
We have previously reported on implementation issues arising from President Biden’s Path out of the Pandemic plan, which included issuance of Executive Order 14042, Ensuring Adequate COVID-19 Safety Protocols for...more
11/3/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Infectious Diseases ,
Reasonable Accommodation ,
Vaccinations ,
Workplace Safety
We have been answering a number of questions from clients regarding the nature and scope of the requirements for COVID vaccination, testing, masking and more. Our previous alert and blogs laid out the administration's Path...more
10/19/2021
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Infectious Diseases ,
New Guidance ,
OSHA ,
Popular ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
On September 24, 2021, the Safer Federal Workforce Task Force issued its hotly anticipated workplace safety guidelines as required by Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors....more
9/28/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Exempt-Employees ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Public Health Emergency ,
Regulatory Requirements ,
Vaccinations ,
Workplace Safety
On September 9, 2021, President Biden announced major actions intended to combat the spread of the COVID-19 pandemic called the Path Out of the Pandemic that will have a significant impact on employers across the country. ...more
9/10/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Federal Contractors ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
OSHA ,
Vaccinations ,
Workplace Safety
On July 29, 2021, the Biden Administration announced that every federal government employee and onsite contractor will be asked to attest to their vaccination status. In line with this announcement, the Safer Federal...more
9/2/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Infectious Diseases ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
With the change in administration, government contractors should anticipate increased scrutiny of their pay practices. President Biden signaled heightened pay equity enforcement on his first day in office by appointing Jenny...more
3/26/2021
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Federal Contractors ,
Gender-Based Pay Discrimination ,
Labor Regulations ,
OFCCP ,
Pay Discrimination ,
Pay Gap ,
Reporting Requirements ,
Wage and Hour
On September 22, 2020, President Donald Trump issued an executive order on Combatting Race and Sex Stereotyping that the president purports is necessary to combat the “destructive ideology” that is “rooted in the pernicious...more
9/25/2020
/ Bias ,
Civil Rights Act ,
Deregulation ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Race Relations ,
Regulatory Reform ,
Sexual Stereotyping ,
Title VII ,
Trump Administration
On September 8, 2020, Judge Gregory Woods in the United States District Court for the Southern District of New York struck down the majority of the U.S. Department of Labor’s (DOL) “joint-employer” rule concerning what it...more
The Office of Federal Contract Compliance Programs (OFCCP) just posted its list of companies that are scheduled for an audit of their affirmative action programs here: https://www.dol.gov/agencies/ofccp/foia/library (click on...more
EEO-1 Reports -
With September upon us, many employers are remembering the prior filing deadline for EEO-1 Reports and wondering what is happening with that obligation. The short answer is that the U.S. Equal Employment...more
9/11/2020
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Federal Contractors ,
Gender Discrimination ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
LGBTQ ,
OFCCP ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Requirements ,
Reporting Requirements ,
Sexual Orientation Discrimination ,
VETS 4212 ,
Wage and Hour
Since the COVID-19 pandemic started materially affecting contractors in March, the Office of Federal Contract Compliance Programs (“OFCCP”) has continued its practice of conducting audits, providing resources and assistance,...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
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
3/2/2020
/ Appeals ,
Covered Employer ,
Data Collection ,
Deregulation ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Federal Contractors ,
Gender-Based Pay Discrimination ,
Labor Reform ,
OFCCP ,
OMB ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Oversight ,
Regulatory Requirements ,
Reporting Requirements ,
Rulemaking Process ,
Wage and Hour
The Office of Federal Contract Compliance Programs (“OFCCP”) is seeking to codify its current procedures for analyzing statistical evidence of discrimination and communicating with contractors after finding potential...more
Earlier in the week, the Office of Federal Contract Compliance Programs (OFCCP) posted a Corporate Scheduling Announcement List (CSAL) in the OFCCP Freedom of Information Act (FOIA) Library with 3,500 establishments listed. ...more
The Office of Federal Contract Compliance Programs (OFCCP) recently issued Directive 2018-05, a compensation-related directive that OFCCP touts as part of its effort to be more transparent to government contractors. ...more
Last week, the Office of Federal Contract Compliance Programs (OFCCP) mailed 750 Corporate Scheduling Announcing Letters (CSALs) as a supplement to the FY2018 Scheduling List released in March 2018. ...more
The Office of Federal Contract Compliance Programs (OFCCP) recently sent approximately 1,000 notices to government contractors and subcontractors to inform them that they may be subject to an audit of their affirmative action...more
On March 27, President Trump signed a bill formally rolling back the Fair Pay & Safe Workplaces Executive Order signed by President Obama in July 2014 that was to apply to certain government contractors and subcontractors....more
On October 24, 2016, a federal judge enjoined the U.S. government from enforcing certain provisions of the controversial Fair Pay and Safe Workplaces rule. The decision was handed down from Judge Marcia Crone in the U.S....more
10/28/2016
/ Arbitration ,
Arbitration Agreements ,
Blacklist ,
Construction Industry ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Due Process ,
Executive Orders ,
Fair Pay and Safe Workplaces ,
Federal Acquisition Regulations (FAR) ,
Federal Arbitration Act ,
Federal Contractors ,
Final Rules ,
First Amendment ,
Free Speech ,
Labor Law Violations ,
Pay Transparency ,
Preliminary Injunctions ,
Reporting Requirements ,
Sexual Assault ,
Sexual Harassment ,
Title VII ,
Wage and Hour