As previously reported, OFCCP has received a FOIA request seeking federal contractors’ and subcontractors’ EEO-1 reports from 2006-2020. On August 19, 2022, OFCCP published a notice informing contractors and subcontractors...more
This past July, the Council of the District of Columbia amended its statutory requirements for Universal Paid Leave through the Universal Paid Leave Emergency Amendment Act of 2022 (the “Act”). The amendments made to the D.C....more
On August 26, the Eleventh Circuit issued its long-awaited decision in State of Georgia, et al v. President of the United States, et al, Case No. 21-14269. The Eleventh Circuit upheld, but narrowed, an existing nationwide...more
Earlier this year, OFCCP launched its “Contractor Portal,” which “[c]overed federal contractors and subcontractors (“contractors”) must use … to certify, on an annual basis, whether they have developed and maintained an...more
OFCCP has launched its new online portal: the Notification of Construction Contract Award Portal (NCAP). NCAP is expected to modernize how OFCCP receives required notices about construction contract and subcontract awards by...more
As we previously reported, in March of this year, OFCCP issued its first directive of the Biden Administration – Directive 2022-01 (the “Directive”) – which addressed the issue of contractors’ obligations to conduct analyses...more
OFCCP published a notice on August 19, 2022, notifying federal contractors of a request by the Center for Investigative Reporting made pursuant to the Freedom of Information Act (“FOIA”) requesting the disclosure of federal...more
On July 12, 2022, the District of Columbia Council voted to modify key aspects of the Ban on Non-Compete Agreements Amendment Act (“the Act”), passing the Non-Compete Clarification Amendment Act of 2022 (“the Amendment”). As...more
On July 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) – the agency which investigates and enforces federal antidiscrimination laws in the workplace – updated its guidance across several different areas...more
As previously reported, the OFCCP has established a Contractor Portal where federal government contractors can register and certify they have developed and maintained affirmative action programs at each of their...more
On June 7, 2022, the Council of the District of Columbia passed the Cannabis Employment Protections Act of 2022 (the “Bill”). If signed into law by D.C. Mayor Muriel Bowser, the Bill would prohibit employers, with certain...more
6/14/2022
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employer Rights ,
Labor Reform ,
Local Ordinance ,
Marijuana ,
Medical Marijuana ,
Off-Duty Employees ,
Pending Legislation ,
Recreational Use ,
Regulatory Agenda
As previously reported, OFCCP recently launched its Contractor Portal, which requires certain federal government contractors to register and certify their compliance with the requirement to develop and maintain Affirmative...more
On May 20, 2022, OFCCP announced it posted its first Corporate Scheduling Announcement List (CSAL) of FY22. The list consists of 400 locations selected for a Compliance Review (Establishment Review), Corporate Management...more
As we previously reported, the deadline for most employers with 100 or more employees (and most federal contractors with 50 or more employees) to file their 2021 EEO-1 reports is May 17, 2022. The portal for filing the...more
5/3/2022
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Filing Deadlines ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Requirements ,
Reporting Requirements ,
Wage and Hour
On April 9, 2022, the Maryland state legislature overrode Governor Hogan’s veto of Senate Bill 275, also known as the Time to Care Act of 2022 (the “Act”). With the enactment of the law, Maryland becomes the latest state to...more
The Office of Federal Contract Compliance Programs (“OFCCP”) has released its 2022 Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) benchmark. Effective March 31, 2022, the new benchmark is 5.5%, a slight decrease...more
As previously reported, federal government contractors must certify their compliance with the requirement to develop and maintain Affirmative Action Programs (“AAPs”). The certification must be submitted through the newly...more
On March 31, 2022, OFCCP issued Directive 2020-02 titled “Effective Compliance Evaluations and Enforcement” (the “Directive”). The Directive’s stated purpose is to “provide transparency on OFCCP’s compliance evaluation...more
On March 24, 2022, Washington Governor Jay Inslee signed into law Engrossed Substitute House Bill 1795 also known as the “Silenced No More Act” (“the Act”). The Act prohibits agreements containing nondisclosure and...more
3/29/2022
/ Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Harassment ,
Independent Contractors ,
Labor Law Violations ,
Labor Reform ,
New Legislation ,
Non-Disclosure Agreement ,
Non-Disparagement Provisions ,
State Labor Laws ,
Washington
As previously reported, OFCCP has developed a Contractor Portal through which contractors are to certify compliance with their obligation to develop and maintain Affirmative Action Programs (“AAPs”). Contractors may begin...more
On December 10, 2020, OFCCP published its “Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures To Resolve Potential Employment Discrimination” (the “Rule”). The Rule was welcomed by the...more
On March 15, 2022, President Biden issued his Executive Order on Advancing Economy, Efficiency, and Effectiveness in Federal Contracting by Promoting Pay Equity and Transparency (the “Order”).
Among other things, the...more
On March 15, 2022, the OFCCP issued its first directive since President Biden took office. Directive 2022-01 (the “Directive”) addresses contractors’ obligations to analyze their compensation systems and to turn over such...more
The U.S. Department of Agriculture (“USDA”) recently published a proposed rule that would require all federal contractors to certify compliance with 16 applicable labor laws. The certification requires an affirmative...more
The District of Columbia’s ban on non-compete agreements is delayed again. As we previously reported, the DC Government enacted The Ban on Non-Compete Agreements Amendment Act (the “Act”) in January 2021, which creates one of...more