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Navigating Government Shutdowns: Legal Issues for Federal Contractors

With the end of the federal government shutdown that began on Jan. 20, 2018, there is a reasonable likelihood that the budget impasse will just be resurrected when yet another short-term funding extension enacted by Congress...more

DOL Adopts “Primary Beneficiary” Test for Unpaid Internships

Following another appellate court’s rejection of its six-part test to determine whether an intern is an employee for purposes of the Fair Labor Standards Act, the Department of Labor (DOL) on January 5 announced that it would...more

Calif. Adopts New Salary History, Pay Scale Requirements

On Oct. 12, 2017, California Gov. Jerry Brown signed a new law that restricts employers’ use of applicants’ salary history during the hiring process. This law will also require employers to provide the applicable pay scale to...more

9th Circuit to Reconsider Employer Use of Salary History During Hiring

On Aug. 29, 2017, the U.S. Circuit Court of Appeals for the 9th Circuit announced it will reconsider en banc whether employer use of salary history to determine an applicant’s compensation as a new hire violates the federal...more

Court Strikes Down Obama Administration Overtime Rule

On Aug. 31, 2017, a federal court in Texas struck down the Obama-era Department of Labor rule that would have significantly expanded overtime eligibility by more than doubling the salary threshold under the Fair Labor...more

EEO-1 Pay Reporting Requirements Suspended Immediately Pending OMB Review

On Aug. 29, 2017, U.S. Equal Employment Opportunity Commission (EEOC) Acting Chair Victoria Lipnic announced that the Office of Management and Budget’s (OMB) Office of Information and Regulatory Affairs (OIRA) is initiating a...more

Acting EEOC Chair Addresses Status of EEO-1 Reporting Changes, Other Issues

On Aug. 3, 2017, U.S. Equal Employment Opportunity Commission (EEOC) acting Chair Victoria Lipnic spoke to a large audience at the annual National Industry Liaison Group (NILG) Conference held in San Antonio, Texas. ...more

Blacklisting Regulations for Government Contractors

On March 27, 2017, President Trump signed a joint resolution from Congress invalidating the “blacklisting” regulations that implemented President Obama’s Fair Pay and Safe Workplaces Executive Order. The president also issued...more

Rescinded Guidance on Transgender Students’ Access to Sex-Segregated Facilities Raises Questions for Educators

In the latest chapter in the saga of evolving legal rights and protections for transgender students, on Feb. 22, the Departments of Justice and Education issued a joint “Dear Colleague Letter” that rescinded their prior...more

New Rules for Cleared Contractors Starting Nov. 30

Earlier this year, the Defense Security Service (DSS) issued new rules for all government contractors that hold facility security clearances. Several of the new rules, which relate to “inside threats,” take effect Wednesday,...more

Federal Court Temporarily Halts Nationwide Enforcement of New DOL Overtime Rule

On Nov. 22, 2016, a federal court in Texas issued a preliminary injunction temporarily halting nationwide enforcement of the U.S. Department of Labor’s new final rule regarding Fair Labor Standards Act overtime regulations...more

Government Contractor “Blacklisting” Regs Take Effect Oct. 25 — Fast Facts

The controversial new Fair Pay and Safe Workplaces rules begin to phase in starting Oct. 25, 2016. The regulations, mandated by President Obama’s executive order and now being implemented in the Federal Acquisition...more

Administration Releases Final Blacklisting Regulations for Government Contractors

On August 24, 2016, the Obama administration published the Federal Acquisition Regulatory Council’s final rule and the Department of Labor’s (DOL’s) guidance implementing the July 31, 2014 “Fair Pay and Safe Workplaces”...more

NLRB: Student Teaching Assistants Can Be Employees Under the NLRA

In a 2-to-1 decision, the National Labor Relations Board (NLRB or “the Board”) overturned longstanding precedent to hold that student teaching assistants can be classified as employees under the National Labor Relations Act...more

OFCCP Director Shiu Addresses Federal Contractors at NILG Conference

On Aug. 3, 2016, Office of Federal Contract Compliance Programs (OFCCP) Director Patricia A. Shiu spoke to a packed audience at the 34th Annual National Industry Liaison Group (NILG) Conference held in Charlotte, North...more

EEOC’s Revised Annual Collection of Pay Data on EEO-1 Forms

On July 14, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) published a notice in the Federal Register, Vol. 81, No. 135, at 45479, amending its proposed EEO-1 compensation and hours-worked annual filing...more

OFCCP Updates Audit Scheduling Letter and Itemized Listing for Federal Contractors

On July 1, 2016, the Office of Federal Contract Compliance Programs (OFCCP) announced that the Office of Management and Budget (OMB) had approved a new version of OFCCP’s Scheduling Letter and Itemized Listing. Such forms are...more

OFCCP Issues Updated Sex Discrimination Guidelines

On June 14, 2016, the Office of Federal Contract Compliance Programs (OFCCP) published a final rule substantially revising its prior, 1970s-era Sex Discrimination Guidelines for federal contractors and subcontractors covered...more

FAQs on Department of Labor’s New FLSA Overtime Rule

As we reported on May 18, 2016, the U.S. Department of Labor (DOL) published its new final rule regarding the overtime regulations of the federal Fair Labor Standards Act (FLSA). The following are key FAQs coming out of our...more

Department of Labor Issues Final Rule Expanding Overtime Eligibility

In a highly anticipated announcement, the U.S. Department of Labor (DOL) published its Final Rule on May 18, 2016, implementing President Obama’s March 13, 2014 directive to “modernize and streamline the existing overtime...more

Fourth Circuit Rules that Title IX Extends to Transgender Bathroom Access

On April 19, 2016, the Fourth Circuit Court of Appeals issued an opinion that is likely to have a significant impact on the rights of transgender students. In G.G. ex rel. Grimm v. Gloucester County School Board, No. 15-2056...more

Planning for a Government Shutdown

As described in detail in a recent Washington Update, there is once again a reasonable likelihood that we are headed for a government shutdown beginning Thursday, October 1. This article puts aside politics to focus on the...more

Planning for a Possible Government Shutdown: Labor and Employment Issues for Government Contractors

With the federal government funded only through Sept. 30, 2015, unless Congress acts quickly, there is a reasonable likelihood of another government shutdown beginning Oct. 1, 2015. The looming shutdown will create...more

EEOC Set to Roll Out Digital Charge Pilot Program Starting May 1

The U.S. Equal Employment Opportunity Commission (EEOC) is rolling out a new Digital Charge System Pilot Program in several cities across the country as part of its overall strategic plan to digitize all of its records....more

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