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Supreme Court Declines to Hear Tenth Circuit Case Challenging President’s Procurement Act Authority

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

Eight Questions Employers and Federal Contractors Are Asking Regarding the Administration’s DEI Order

As part of its promise to target diversity, equity, and inclusion (DEI) programs and practices in workplaces, educational settings, and elsewhere, the new administration issued a January 21, 2025, Executive Order entitled...more

Proxy Season and the Administration’s New DEI Order

As part of its campaign promise to target diversity, equity, and inclusion (DEI) programs and practices, the new administration issued a January 21, 2025, Executive Order entitled “Ending Illegal Discrimination and Restoring...more

EO 11246 Rescinded: Major Shift for Federal Contractors

Today, the new administration issued an Executive Order (EO) related to the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP).  The action rescinded Executive Order 11246, upending the...more

The Dismantle DEI Act: One Potential Blueprint for Forthcoming Attacks on DEI

At the same time, the new administration’s anti-DEI posturing has not been clearly mirrored by the courts, with courts handing employers legal victories over their DEI policies and practices in several recent high-profile...more

OFCCP Set To Release Contractors' EEO-1 Reports to FOIA Requestors

The U.S. Department of Labor’s Office of Federal Contracting Compliance Programs (OFCCP) may release federal contractors’ Type 2 Consolidated Employer Information Report (aka Standard Form 100) data (EEO-1 Report) in response...more

OFCCP Releases New AI Guidance for Federal Contractors

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

Proposed Rule Would Impose Pay Transparency and Salary History Requirements for Federal Contractors

The Federal Acquisition Regulatory Council issued a Proposed Rule, “Pay Equity and Transparency in Federal Contracting,” on January 30, 2024. The Proposed Rule would amend the Federal Acquisition Regulations (FARs), which...more

Seven Pressing Questions Following the Supreme Court’s Admissions Decision

On June 29, 2023, the U.S. Supreme Court issued its landmark decision in two cases challenging universities’ consideration of race as a factor in student admissions: Students for Fair Admissions v. President and Fellows of...more

Federal Contractors in Limbo After Vaccine Mandate Nationwide Injunction Is Narrowed

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

OFCCP Issues Revised Compensation Data Directive

Federal contractors should remain vigilant in how they structure and conduct internal pay equity audits to ensure compliance with newly revised federal guidance. On August 18, 2022, the U.S. Department of Labor’s (DOL) Office...more

OFCCP Directive on Internal Pay Equity Audits Takes on Privilege Claims

Federal contractors who conduct pay equity audits under attorney-client and work product privileges face increased risks under a new directive by the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance...more

Federal Contractor Threatened With Suspension and Debarment for Not Submitting Affirmative Action Plans

The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) recently reminded federal contractors that the government has broad authority to audit and investigate contractors’ equal employment...more

Federal Contractor Vaccine Mandate Blocked in Nationwide Injunction

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

Frequently Asked Questions on OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard

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

Federal Contractors Bracing for Implementation of Vaccine Mandate

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

OFCCP Signals More Rigorous Enforcement Landscape With Three Big Moves

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

New Administration Will Bring Big Changes to the Department of Labor

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

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