As we previously reported, OFCCP has already informed contractors that it “remains fully operational during the COVID-19 pandemic” and provided the contractor community with information regarding modifications to its...more
On April 1, 2020, the U.S. Department of Labor (“DOL”) posted a “temporary rule” issuing regulations, to implement the Emergency Family and Medical Leave Expansion Act (“EFMLEA”) and the Emergency Paid Sick Leave Act...more
4/7/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
New Guidance ,
Paid Family Leave Law ,
Quarantine ,
Shelter-In-Place ,
Sick Leave ,
Sick Pay
*** Last updated March 28, 2020 ***
The recently-passed Family First Coronavirus Response Act (FFCRA), which provides paid sick leave and emergency family leave, has raised many questions for employers. The US Department...more
On March 24, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) published much anticipated initial guidance on the federal Family First Coronavirus Response Act (“FFCRA”)....more
3/27/2020
/ Child Care ,
Covered Employer ,
Department of Labor (DOL) ,
EFMLA ,
EPSLA ,
Exemptions ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Full-Time Employees ,
New Guidance ,
Part-Time Employees ,
School Closures ,
Sick Leave ,
Sick Pay
On February 18, 2020, Proskauer attended a Compensation Roundtable held at the Department of Labor put on by the National Industry Liaison Group (NILG) in collaboration with OFCCP. Director Leen spoke at the event, taking the...more
On February 3, 2020, the President Trump announced his intent to nominate Craig Edward Leen, the current OFCCP Director, to serve as the Inspector General at the Office of Personnel Management. The Office of the Inspector...more
In this episode of The Proskauer Brief, partners Harris Mufson and Guy Brenner discuss the Office of Federal Contract Compliance Programs (OFCCP). Harris and Guy highlight OFCCP’s recent activities and discuss what...more
Quick Hit: OFCCP is inviting contractor stakeholders, and their legal counsel, to submit “Burning Question[s]” to its Help Desk that the agency can answer in forthcoming Opinion Letters.
Key Takeaways: OFCCP’s invitation is...more
Quick Hit: The U.S. Department of Labor has announced the recipients of the 2018 HIRE Vets Medallion Program Demonstration Award. The award recognizes employers who hire veterans and take efforts to establish employee...more
A partial government shutdown may soon be upon us. According to the Washington Post, “[t]he White House and a number of federal agencies have started advanced preparations for a partial government shutdown, as President...more
12/19/2018
/ COBRA ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
E-Verify ,
Exceptions ,
Federal Budget ,
Federal Contractors ,
Federal Funding ,
Government Shutdown ,
H-1B ,
OFCCP ,
Political Debates ,
Subcontractors ,
Trump Administration ,
Unemployment Benefits ,
US-Mexico Border Wall ,
WARN Act
Quick Hit: The Office of Federal Contractor Compliance Programs (“OFCCP”) issued Directive 2019-03 (the “Directive”), which announces two steps the agency will take to enhance compliance assistance for contractors. OFCCP will...more
Quick Hit: Data released by OFCCP shows the agency obtained $16.4 million in monetary relief for roughly 12,000 class members in FY 2018. While that is a drop from the record year recovery of $23.9 million in FY 2017, it is...more
According to multiple sources, on November 13, 2017, Craig E. Leen, was appointed the new Director of the Office of Federal Contractor Compliance Programs (“OFCCP”). Mr. Leen has been the City Attorney for Coral Gables,...more
In July, we reported that an Administrative Law Judge (“ALJ”) had ruled on OFCCP’s dispute with Google over the tech giant’s refusal to turn over certain documents in connection with a routine audit of Google’s headquarters....more
9/7/2017
/ Administrative Appeals ,
Administrative Law Judge (ALJ) ,
Administrative Review Board ,
Audits ,
Department of Labor (DOL) ,
Document Productions ,
Employment Records ,
Federal Contractors ,
Fourth Amendment ,
Google ,
OFCCP ,
Request For Information ,
Standard of Review
On July 14, 2017, an Administrative Law Judge (“ALJ”) for the Department of Labor issued a Recommended Decision and Order (the “Opinion”) in the case brought by the Office of Federal Contractor Compliance Programs (“OFCCP”)...more
7/19/2017
/ Administrative Law Judge (ALJ) ,
Audits ,
Corporate Counsel ,
Department of Labor (DOL) ,
Document Productions ,
EEO-1 ,
Employment Records ,
Federal Contractors ,
Fourth Amendment ,
Google ,
Motion to Compel ,
OFCCP ,
Subpoenas
On May 23, 2017, the Trump Administration released its proposed fiscal year 2018 budget. Not surprisingly, the budget proposes significant changes for the Office of Federal Contract Compliance Programs (“OFCCP”)....more
This week (March 27, 2017), President Trump signed into law a Congressional Joint Resolution of Disapproval (the Resolution”), revoking the rules implementing the controversial Fair Pay and Safe Workplaces Executive Order,...more
3/30/2017
/ Blacklist ,
Congressional Review Act ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Executive Orders ,
Fair Pay and Safe Workplaces ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Labor Law Violations ,
Pay Transparency ,
Trump Administration
The Obama administration has finalized a number of employment-related regulations over the past few months, including rules on overtime, worker benefits, paid sick leave for employees of federal contractors, and union...more
On October 24, 2016, just one day prior to effective date of the Regulations and Guidance implementing the Fair Pay and Safe Workplaces Executive Order (collectively the “Rule”), Judge Marcia Crone of the U.S. District Court...more
10/26/2016
/ Arbitration ,
Arbitration Agreements ,
Blacklist ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Executive Orders ,
Fair Pay and Safe Workplaces ,
Federal Acquisition Regulations (FAR) ,
Federal Arbitration Act ,
Federal Contractors ,
Final Rules ,
First Amendment ,
Labor Law Violations ,
Pay Transparency ,
Preliminary Injunctions ,
Reporting Requirements ,
Sexual Assault ,
Sexual Harassment ,
Title VII ,
Wage and Hour
On October 7, 2016, the first lawsuit challenging the Fair Pay and Safe Workplaces Executive Order (the “Order”) and its Final Rule and Guidance (collectively the “Rule”) was filed in the U.S. District Court for the Eastern...more
10/19/2016
/ Blacklist ,
Declaratory Judgments ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Executive Orders ,
Fair Pay and Safe Workplaces ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
Labor Law Violations ,
Motion to Vacate ,
Pay Transparency ,
Preliminary Injunctions ,
Reporting Requirements
Today, the U.S. Department of Labor (“DOL”) published its final rule implementing Executive Order 13706 (the “Final Rule”), which requires certain federal contractors and subcontractors to provide paid sick leave to their...more
9/30/2016
/ Anti-Discrimination Policies ,
Anti-Retaliation Provisions ,
Corporate Counsel ,
Department of Labor (DOL) ,
Executive Orders ,
Federal Contractors ,
Final Rules ,
Paid Leave ,
Paid Time Off (PTO) ,
Posting Requirements ,
Sick Leave ,
Sick Pay ,
Wage and Hour
As reported today in Politico, the rule effectuating Executive Order 13706 (the “Order”), which requires certain federal contractors and subcontractors to provide their workers up to seven days of paid sick leave annually,...more
Monday, the Department of Labor announced an increase in the minimum wage that certain federal contractors must pay to employees. This comes as part of a planned incremental increase in the federal contractor minimum wage...more
On September 13, 2016, Oklahoma became the 35th state to enter into a partnership with the U.S. Department of Labor (U.S. DOL) to share information and conduct joint investigations regarding independent contractor...more
Loyal readers of this blog are well aware of the Fair Pay and Safe Workplaces Executive Order and corresponding regulations which go into effect next month. Those looking to learn more about the topic can access our recent...more
9/16/2016
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Blacklist ,
Civil Rights Act ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Executive Orders ,
Fair Pay and Safe Workplaces ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
Labor Law Violations ,
Pay Transparency ,
Wage and Hour