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 April 1, 2020 the U.S. Department of Labor (DOL) issued a temporary rule promulgating regulations on the Families First Coronavirus Response Act (FFCRA), which created two new emergency paid leave requirements in response...more
4/7/2020
/ Coronavirus/COVID-19 ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
New Legislation ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Tax Credits ,
Trump Administration
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
The continuing legal battle over whether the U.S. Equal Employment Opportunity Commission (EEOC) will collect pay data from employers has understandably left many employers confused about their obligations....more
4/8/2019
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
OMB ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Oversight ,
Regulatory Requirements ,
Reporting Requirements ,
Rulemaking Process ,
Wage and Hour
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
On Monday, the U.S. Supreme Court vacated the Ninth Circuit’s ruling in Rizo v. Yovino regarding the use of salary history information to determine wages, finding that, because Judge Stephen Reinhardt was deceased and...more
2/27/2019
/ Appeals ,
Deceased ,
En Banc Review ,
Equal Pay Act ,
Judge Reinhardt ,
Judicial Review ,
Precedential Opinion ,
Reversal ,
Salary/Wage History ,
SCOTUS ,
Yovino v Rizo
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
States and localities increasingly banning salary history inquiries -
The latest development in the law surrounding use of employee and applicant salary history data provides further reason for employers to reconsider the...more
4/13/2018
/ Appeals ,
Employer Liability Issues ,
Employment Litigation ,
En Banc Review ,
Equal Pay ,
Equal Pay Act ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Pay Equity Laws ,
Salary/Wage History ,
Wage and Hour
Since the Office of Management and Budget (OMB) issued an immediate stay of the employee compensation reporting requirements on August 29, 2017, employers have until March 31, 2018 to complete and file their EEO-1 Report for...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
The U.S. Court of Appeals for the Seventh Circuit recently held in no uncertain terms that "a multi-month leave of absence is beyond the scope of a reasonable accommodation under the ADA." ...more
10/25/2017
/ Americans with Disabilities Act (ADA) ,
Appeals ,
Best Practices ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Leave of Absence ,
Medical Leave ,
Reasonable Accommodation
Employers who ask applicants about their salary history should be wary of a significant increase in state and local legislation barring this question. Over the past year, numerous states and localities have enacted such laws...more
9/1/2017
/ Employer Liability Issues ,
Employment Discrimination ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Salary/Wage History ,
Wage and Hour
On August 29, the U.S. Equal Employment Opportunity Commission (EEOC) announced that the Office of Management and Budget (OMB) was initiating a review and immediate stay of employee compensation reporting requirements that...more
Last week, Minneapolis’ city council passed a minimum wage bill, raising the minimum wage to $15 for nearly all employees through a phase-in process, which will be complete in 2022 for large businesses and 2024 for small...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
Effective January 1, 2017, the Occupational Safety and Health Administration (OSHA) will begin enforcing its new rule on electronic reporting of workplace injuries and illnesses. Although the final rule was issued on May 12,...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
Covered federal contractors must provide their employees a minimum of 56 hours of paid sick leave per year, pursuant to a final rule issued by the U.S. Department of Labor (DOL) on September 30, 2016. The new paid sick leave...more
10/7/2016
/ Barack Obama ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
OFCCP ,
Paid Leave ,
Paid Time Off (PTO) ,
Service Contract Act ,
Sick Leave ,
Wage and Hour