The Biden-era effort to raise the minimum wage for employees of federal contractors will not, for now, get a final say by the Supreme Court of the United States.
Rather, legal challenges will continue to muddy the issue...more
2/13/2025
/ Biden Administration ,
Constitutional Challenges ,
Department of Labor (DOL) ,
Employment Litigation ,
Executive Orders ,
Federal Contractors ,
Federal Property and Administrative Services Act (FPASA) ,
Minimum Wage ,
Non-Delegation Doctrine ,
SCOTUS ,
Trump Administration ,
Wage and Hour
The Office of Federal Contract Compliance Programs (OFCCP) released updated guidance for the use of artificial intelligence (AI) by federal contractors on April 29, 2024—the latest indication that federal contractors’ use and...more
5/20/2024
/ Artificial Intelligence ,
Automated Decision Systems (ADS) ,
Biden Administration ,
Department of Labor (DOL) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Hiring & Firing ,
New Guidance ,
OFCCP ,
Privacy Laws ,
Regulatory Oversight ,
Regulatory Requirements
A U.S. Court of Appeals for the Eleventh Circuit panel breathed new life into the federal contractor vaccine mandate. While the panel determined that the COVID-19 vaccine mandate exceeded the president’s legal authority, it...more
9/1/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Injunctions ,
Multidistrict Litigation ,
State and Local Government ,
Statutory Authority ,
Vaccinations
On December 7, 2021, a federal district court in Georgia issued a nationwide injunction blocking the federal contractor vaccine mandate and other protocols. In a 28-page decision, the district court determined that the...more
12/13/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employees ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Injunctions ,
Multidistrict Litigation ,
OSHA ,
State and Local Government ,
Subcontractors ,
Vaccinations ,
Virus Testing
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued its long-awaited emergency temporary standard (ETS) requiring all employers with a total of 100 or more employees to mandate...more
11/8/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Infectious Diseases ,
Masks ,
OSHA ,
Reasonable Accommodation ,
Religious Exemption ,
Remote Working ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Last week, the federal government began enforcing the requirements of the Executive Order 14042, “Ensuring Adequate COVID Safety Protocols for Federal Contractors” (COVID EO) and its supporting guidance. The COVID EO directs...more
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has taken three recent notable actions. Specifically, OFCCP (1) will require a contractor to submit a verification of an affirmative action...more
9/9/2021
/ Affirmative Action ,
Biden Administration ,
Compliance ,
Construction Industry ,
Contractor Audits ,
Department of Labor (DOL) ,
EEO-1 ,
Federal Contractors ,
GAO ,
OFCCP ,
OIRA ,
OMB ,
Subcontractors ,
Workers’ Compensation
The Department of Labor (DOL) announced in May 2021 that it was withdrawing the rule called “Independent Contractor Status Under the Fair Labor Standards Act.” As anticipated, the Biden administration rescinded this Trump-era...more
5/13/2021
/ Biden Administration ,
Department of Labor (DOL) ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Gig Economy ,
Independent Contractors ,
Multi-Factor Test ,
Revocation ,
Trump Administration
On January 7, 2021, the U.S. Department of Labor (DOL) issued its highly anticipated final rule codifying its interpretation of independent contractor status under the Fair Labor Standards Act (FLSA). The final rule comes in...more
The gender equity movement focused higher education institutions on pay equality. For example, in 2016, the Equal Employment Opportunity Commission (EEOC) sued the University of Denver alleging gender discrimination in...more
The U.S. Department of Labor (DOL) will see significant changes under a Biden administration. However, the nature and the degree of those changes will depend heavily on how Biden fills senior roles not only at DOL but also in...more
11/13/2020
/ Biden Administration ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Independent Contractors ,
OFCCP ,
OLMS ,
OSHA ,
Pay Discrimination ,
Trump Administration