On April 18, 2018, in another step signaling increased transparency for federal contractors, OFCCP issued a release describing its methodology for selecting and scheduling federal contractors for audit in 2018. ...more
A Promise of Greater Transparency and Consistency -
In recently meeting with the OFCCP’s new leadership, we were pleased to hear that they are committing to increasing transparency and achieving consistency across regional...more
To the relief of employers steeling themselves for compliance with the revised EEO-1 Report, the Office of Management and Budget's Office of Information and Regulatory Affairs (OIRA) has suspended indefinitely the new...more
8/30/2017
/ Corporate Counsel ,
Data Collection ,
EEO-1 ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
OIRA ,
Pay Discrimination ,
Pay Gap ,
Reporting Requirements ,
Wage and Hour
Most businesses entering into contracts in excess of $500,000 with the state of Minnesota are required to obtain an Equal Pay Certificate from the Minnesota Department of Human Rights (MDHR) as a condition of doing business...more
8/10/2017
/ EEO-1 ,
Employer Liability Issues ,
Equal Pay ,
Federal Contractors ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Pay Equity Laws ,
Pay Gap ,
Reporting Requirements ,
Wage and Hour
In the cycle of seasons, July is when an employer’s thoughts turn to the filing of its annual EEO-1 reports. Since 1966, employers with 100 or more employees that are subject to Title VII have been required to annually file...more
8/1/2017
/ Corporate Counsel ,
Data Collection ,
EEO-1 ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Federal Contractors ,
Gender-Based Pay Discrimination ,
OFCCP ,
Pay Discrimination ,
Pay Gap ,
Reporting Requirements ,
VETS ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) ,
Wage and Hour
On March 27, 2017, President Trump signed a joint resolution of disapproval (H.J. Res. 37) to block the rule implementing Executive Order 13,673, Fair Pay and Safe Workplaces, otherwise known as the "blacklisting" rule. The...more
Federal contractors subject to Section 503 of the Rehabilitation Act of 1973 are required to invite applicants for employment and new hires to identify themselves as individuals with disabilities. Covered contractors are...more
Late in the day on Monday October 24, 2016, a U.S. District Court Judge for the Eastern District of Texas granted a preliminary injunction against implementation of major and contentious provisions of the Fair Pay and Safe...more
10/25/2016
/ Arbitration Agreements ,
Blacklist ,
Civil Rights Act ,
Corporate Counsel ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Fair Pay and Safe Workplaces ,
Federal Acquisition Regulations (FAR) ,
Federal Arbitration Act ,
Federal Contractors ,
Independent Contractors ,
Labor Law Violations ,
Pay Transparency ,
Penalties ,
Preliminary Injunctions ,
Reporting Requirements ,
Sexual Assault ,
Sexual Harassment ,
Title VII ,
Wage and Hour
On August 25, 2016, the Federal Acquisition Regulatory (FAR) Council published in the Federal Register its highly anticipated Final Rule regarding the so-called "blacklisting" procedures for federal contractors President...more
9/1/2016
/ ADEA ,
Agricultural Workers ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Arbitration Awards ,
Blacklist ,
Competitive Bidding ,
Construction Industry ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Fair Pay and Safe Workplaces ,
Family and Medical Leave Act (FMLA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
General Contractors ,
Labor Law Violations ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
Migrant Workers ,
Minimum Wage ,
NLRA ,
OFCCP ,
OSHA ,
Pay Transparency ,
Popular ,
Recordkeeping Requirements ,
Rehabilitation Act ,
Reporting Requirements ,
Seasonal Workers ,
Service Contract Act ,
Subcontractors ,
Title VII ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) ,
Wage and Hour
On August 24, 2016, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration (FAR Council) released the final rule implementing the “Fair Pay and Safe Workplaces” Executive...more
8/25/2016
/ Arbitration ,
Blacklist ,
Department of Defense (DOD) ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Executive Orders ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
Labor Law Violations ,
Mandatory Arbitration Clauses ,
NASA ,
Reporting Requirements ,
Transparency ,
Wage and Hour
This is the time of year when employers with 100 or more employees and federal contractors with 50 or more employees must prepare and file their annual EEO-1 reports – documents that provide the government with details...more
8/24/2016
/ Affirmative Action ,
Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Federal Contractors ,
Gender-Based Pay Discrimination ,
OFCCP ,
Pay Discrimination ,
Reporting Requirements ,
Wage and Hour
On June 23, 2016, the U.S. Supreme Court issued an opinion for the second time in Fisher v. University of Texas at Austin, (Fisher II), a case that directly questioned whether race can be considered at all in college...more
6/27/2016
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Corporate Counsel ,
Diversity ,
Educational Institutions ,
Equal Protection ,
Fisher v University of Texas ,
Fourteenth Amendment ,
Race Discrimination ,
SCOTUS ,
Strict Scrutiny Standard ,
Title VII ,
Universities ,
University of Texas
On June 15, 2016, the U.S. Office of Federal Contract Compliance Programs (“OFCCP”) published a final rule detailing the obligations of federal contractors to ensure nondiscrimination on the basis of sex, and to take...more
6/21/2016
/ Best Practices ,
Federal Contractors ,
Fringe Benefits ,
Gender Discrimination ,
Gender Identity ,
Gender-Based Pay Discrimination ,
LGBTQ ,
OFCCP ,
Pregnancy Discrimination ,
Sex Discrimination ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
Public discourse on "healthcare" has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical...more
4/12/2016
/ Antitrust Provisions ,
Ban the Box ,
Corporate Restructuring ,
Discrimination ,
False Claims Act (FCA) ,
Federal Contractors ,
Harassment ,
Health Care Providers ,
Hiring & Firing ,
NLRA ,
NLRB ,
OFCCP ,
OSHA ,
Unions ,
Wage and Hour ,
WARN Act ,
Whistleblowers ,
Workplace Safety
Last week, Minnesota passed the Women’s Economic Security Act (WESA), a nine-part law intended to break down barriers for women in the workplace. Of direct interest to employers, the law protects employees’ discussion about...more
Over the past several years, we have written repeatedly about the efforts of the Office of Federal Contract Compliance Programs (the OFCCP) to gain jurisdiction over health care providers based solely on providers'...more
5/15/2014
/ Affirmative Action ,
Contractor Audits ,
Department of Defense (DOD) ,
Health Care Providers ,
Healthcare ,
Healthcare Facilities ,
Hospitals ,
Jurisdiction ,
Military Service Members ,
OFCCP ,
TRICARE
On July 22, 2013, the Office of Federal Contract Compliance Programs (OFCCP) won a surprising victory before the Department of Labor’s (DOL) Administrative Review Board (ARB), breathing new life into the agency’s efforts to...more