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What is "Illegal DEI?" Key Takeaways for Employers in Light of Litigation and Guidance Issued by the Federal and State Governments

This alert will explore what the federal government may consider to be “illegal DEI” in light of legal challenges to President Trump’s multiple executive orders (EO’s) pertaining to diversity, equity, inclusion, and...more

Uncharted Waters: Employers Brace for Significant and Unprecedented Changes to Employment Law Enforcement Under New Administration

As the Trump administration transitioned into power, the White House issued over 25 executive orders in the first days in office addressing a variety of topics including many focused on employment laws. While the flurry of...more

Proposed Rule by the Federal Acquisition Regulatory Council Would Ban the Use of Salary History Data by Federal Contractors and...

UPDATE: On 8 January 2025, the Federal Acquisition Regulatory Council (FAR Council) officially withdrew its proposed rule that would have (1) barred federal contractors from seeking and using job applicants’ compensation...more

OFCCP Guidance Expands Federal Scrutiny of Artificial Intelligence Use by Employers

Introduction - On 29 April 2024, the US Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) issued nonbinding guidance (Guidance) on how federal contractors and subcontractors (collectively...more

Proposed Rule by the Federal Acquisition Regulatory Council Would Ban the Use of Salary History Data by Federal Contractors and...

On 29 January 2024, the Federal Acquisition Regulatory Council (FAR Council) issued a Notice of Proposed Rule Making (NPRM) that would prohibit federal contractors and subcontractors from seeking and considering information...more

Update: OFCCP Clarifies Position in Favor of Attorney-Client Privilege in Revised Pay Equity Directive

Effective 18 August 2022, the Office of Federal Contract Compliance (OFCCP) revised Directive 2022-01 on “Advancing Pay Equity Through Compensation Analysis” (the Revised Directive) to provide further explanation of how OFCCP...more

OFCCP and Federal Contractors are Significant Focus of Executive Branch Actions for Equal Pay Day

This Alert addresses the following: The Office of Federal Contract Compliance (OFCCP) has issued its first Directive of the Biden Administration, the Pay Equity Audit Directive (DIR 2022-01) (Directive)....more

COVID-19: All (Some) or Nothing: Where the Federal Vaccination Mandates Stand as Employers Plan for 2022

UPDATE: Shortly after the publication of this alert on December 20, 2021, the United States Supreme Court announced that it will hear arguments on January 7, 2022 on both the Occupational Safety and Health Administration’s...more

OFCCP Affirmative Action Verification Interface Has Arrived and the Time to Certify is Fast Approaching

Although most federal contractors have been focused on compliance with COVID-19 vaccination mandates, it’s important to take a moment to look at another compliance topic related to equal employment opportunity obligations. On...more

Safer Federal Workforce Task Force Releases Vaccine Requirements for Federal Contractors

As we wrote on 10 September 2021, the President, as part of the Administration’s comprehensive national strategy, issued Executive Order 14042 (the EO) directing the Safer Federal Workforce Task Force (Task Force) to publish...more

Be Prepared: OFCCP Releases Three Initiatives in Three Days – Affirmative Action Verification, Two Other Major Announcements

OVERVIEW - Nearly nine months after a change in administration, the Office of Federal Contract Compliance Programs (OFCCP) has begun to set its course through a series of major initiatives announced within just a few days. ...more

Health Care Triage: OFCCP Enforcement in the Health Care Space

Health Care partners Sarah Carlins and Jackie Hoffman interview Labor, Employment, and Workplace Safety partner Craig Leen in this episode of Triage, recorded in collaboration with our Working Wise podcast. As the former...more

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