With President Trump’s second administration set to begin on January 20, 2025, federal contractors and subcontractors are anxiously awaiting what he might do with respect to the Office of Federal Contract Compliance Programs...more
1/15/2025
/ Affirmative Action ,
Compliance ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Religious Exemption ,
Trump Administration
Effective as of January 8, 2025, the FAR Council has withdrawn a proposed rule that would have limited federal contractors from seeking and considering information about job applicants’ compensation history and required...more
1/9/2025
/ Compliance ,
Disclosure Requirements ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Job Ads ,
Job Applicants ,
Pay Transparency ,
Proposed Rules ,
Regulatory Agenda ,
Rulemaking Process ,
Salary/Wage History
We appear to be on the precipice of another federal government shutdown. Absent a political compromise, the federal government’s funding will run out on December 21, 2024. During previous government shutdowns, government...more
12/20/2024
/ COBRA ,
Compliance ,
Department of Labor (DOL) ,
E-Verify ,
Employment Policies ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Government Agencies ,
Government Shutdown ,
Paid Time Off (PTO) ,
Unemployment Benefits ,
Vacation Pay ,
Wage and Hour ,
WARN Act
In part two of our insightful artificial intelligence series, partner Guy Brenner, who leads Proskauer’s D.C. Labor & Employment practice and is co-head of the Counseling, Training & Pay Equity Group, and Jonathan Slowik,...more
In the nearly four years since Joe Biden was sworn in as President in 2021, groundbreaking advances in artificial intelligence (AI) became widely available that offer the potential to revolutionize employment-related...more
On November 20, 2024, OFCCP announced a new Corporate Scheduling Announcement List (CSAL) for supply and service contractors. The new list consists of 2,000 federal contractors and subcontractors selected for a Compliance...more
In this episode of The Proskauer Brief we are joined by partner Guy Brenner, who leads Proskauer’s D.C. Labor & Employment practice and is co-head of the Counseling, Training & Pay Equity Group, and Jonathan Slowik, senior...more
On October 30, 2024, the District Court for the Southern District of Texas preliminarily enjoined the Department of Labor (“DOL”), the Secretary of Labor, the Office of Federal Contract Compliance Programs (“OFCCP”), and the...more
The United States Department of Labor (“DOL”) recently published “Artificial Intelligence and Worker Well-Being: Principles and Best Practices for Developers and Employers,” which is intended to inform employers’ use of...more
On October 28, 2024, the Office of Federal Contract Compliance Programs (“OFCCP”) published a notice in the Federal Register informing federal contractors that the agency has received two new Freedom of Information Act...more
On September 24, 2024, the United States Department of Labor (“DOL”) announced the publication of an AI & Inclusive Hiring Framework (the “Framework”). As discussed below, the Framework sets forth ten “Focus Areas” for...more
On July 26, 2024, OFCCP published Directive 2024-01: Expedited Conciliation Procedures (the “Directive”). The Directive is intended to “outline updated procedures for an expedited conciliation option, giving contractors and...more
8/14/2024
/ Audits ,
Compliance ,
Conciliation ,
Documentation ,
Federal Contractors ,
Final Rules ,
Investigations ,
Jurisdiction ,
Negotiations ,
Non-Discrimination Rules ,
Notice of Violation ,
OFCCP ,
Subcontractors
On May 24, 2024, the Federal Acquisition Regulation (“FAR”) Council published a Notice and request for comments for 9000-0177, Reporting Executive Compensation and First-tier Subcontract Awards.
If approved, the new FAR...more
As we previously reported, federal contractors and subcontractors (“Contractors”) have until July 1, 2024 to certify the status of their Affirmative Action Programs (“AAPs”) with the OFCCP Contractor Portal. Specifically,...more
On June 7, 2024, OFCCP released its latest Corporate Scheduling Announcement List (CSAL). The list identifies 500 supply and service contractors and subcontractors selected for a Compliance Review (Establishment Review),...more
The Office of Federal Contract Compliance Programs (“OFCCP”) has released its 2024 Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) benchmark. Effective March 31, 2024, the new benchmark is 5.2%, a slight...more
On March 25, 2024, the U.S. Department of Labor (“DOL”) announced that its Contractor Portal will open to receive Affirmative Action Program (“AAP”) certification submissions on April 1, 2024. Certifications must be made by...more
On January 29, 2024, the 15th anniversary of the enactment of the Lilly Ledbetter Fair Pay Act, the Biden Administration announced that it would be taking new actions to implement the Executive Order on Advancing Economy,...more
1/31/2024
/ Biden Administration ,
Compensation ,
Disclosure Requirements ,
Executive Orders ,
Fair Pay Act ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Job Ads ,
Lilly Ledbetter ,
Notice Requirements ,
OFCCP ,
Pay Transparency ,
Proposed Amendments ,
Salary/Wage History ,
Subcontractors
On December 22, 2023, a court in the Northern District of California ordered the disclosure of EEO-1 Reports filed by federal contractors and subcontractors (“Contractors”) between 2016 and 2020 in the case, Center for...more
On January 12, 2024, D.C. Mayor, Muriel Bowser, signed the “Wage Transparency Omnibus Amendment Act of 2023.” If not overturned during the subsequent 30-day Congressional review period, beginning June 30, 2024, employers with...more
On January 10, 2024, D.C. Mayor, Muriel Bowser, signed the “Minimum Wage Clarification Amendment Act of 2023” into law. If the Act is not overturned by Congress, it will expand the circumstances where employers must pay...more
On October 30, 2023, President Biden issued an “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (the “EO”), the first executive order directly addressing artificial...more
11/1/2023
/ Artificial Intelligence ,
Biden Administration ,
Compliance ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Discrimination ,
Executive Orders ,
Federal Contractors ,
Health Care Providers ,
Machine Learning ,
OFCCP ,
OMB ,
Regulatory Reform
As we previously posted, federal contractors and subcontractors meeting the VEVRAA eligibility threshold (“Covered Contractors”) have until September 30, 2023 to file their VETS-4212 Reports....more
On September 8, 2023, OFCCP announced it posted a new Corporate Scheduling Announcement List (CSAL) for supply and service contractors. OFCCP announced that the list consists of 1,000 federal contractors and subcontractors...more
On June 29, 2023, the U.S. Supreme Court ruled in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College that race-conscious admissions programs at Harvard College and the University of North Carolina...more
9/8/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Protection ,
Fourteenth Amendment ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI