On September 11, 2020, OFCCP released its Corporate Scheduling Announcement List (CSAL). The list identifies 2250 supply and service contractor establishments and 200 construction contractor establishments selected for...more
On September 8, 2020, the EEOC released an updated technical assistance document addressing COVID-19 and the federal anti-discrimination laws enforced by the agency, including the Americans with Disabilities Act (“ADA”). Our...more
The Office of Federal Contract Compliance Programs (“OFCCP”) recently released a FAQ addressing how contractors should “handle counting employees and/or applicants who identify as a gender other than male or female such as...more
Quick Hit: On August 3, 2020, President Trump issued an “Executive Order on Aligning Federal Contracting and Hiring Practices With the Interests of American Workers” (the “Order”), which requires federal agencies to perform...more
Quick Hit: Employees in the District of Columbia are currently eligible for paid and unpaid COVID-19 related leave under measures that temporarily expand the D.C. Family and Medical Leave Act (“DCFMLA”) and D.C. Accrued Sick...more
7/30/2020
/ Accrued Benefits ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Family Medical Leave ,
Local Ordinance ,
New Rules ,
Paid Leave ,
Public Health Emergency ,
Safe Leave ,
Sick Leave ,
Unpaid Leave
As we previously reported, on May 8, 2020 the OFCCP announced that the Office of Management and Budget approved its updated Disability Self-Identification Form (the “Form”). The Form is available in multiple languages. OFCCP...more
As we previously reported, Virginia became the first state to issue mandatory COVID-19 workplace safety rules when the Virginia Safety and Health Codes Board (“VSHCB”) approved an emergency temporary standard on July 15,...more
7/29/2020
/ Compliance ,
Coronavirus/COVID-19 ,
Emergency Rule ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Policies ,
Fines ,
Infectious Diseases ,
Occupational Exposure ,
Personal Protective Equipment ,
Public Health Emergency ,
Sick Employees ,
Sick Leave ,
Social Distancing ,
State Health Departments ,
State Labor Laws ,
Virginia ,
Whistleblower Protection Policies ,
Workplace Safety
As we have previously reported, the United States Department of Labor (DOL) continues to update its COVID-19 guidance. Most recently, on July 20, 2020, the DOL issued additional Q and A guidance related to COVID-19 and the...more
7/27/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Guidance Update ,
Hazard Pay ,
New Guidance ,
Non-Exempt Employees ,
Sick Employees ,
Telecommuting ,
Wage and Hour
Quick Hit -
Virginia became the first state to issue mandatory COVID-19 workplace safety rules when the Virginia Safety and Health Codes Board (“VSHCB”) approved an emergency temporary standard on July 15, 2020 by a 9-2...more
7/20/2020
/ Administrative Fines ,
Coronavirus/COVID-19 ,
Employee Rights ,
Employer Liability Issues ,
Employer Responsibilities ,
Governor Northam ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
Public Health Emergency ,
Sick Employees ,
Sick Leave ,
Social Distancing ,
State Labor Laws ,
Workplace Safety
As we previously reported, this spring Virginia Governor Ralph Northam signed into law a number of new measures expanding protections for employees in the Commonwealth and providing enhanced mechanisms by which employees may...more
On July 1, 2020, employees in DC will be able to begin taking Paid Family Leave (“PFL”) pursuant to the DC Paid Family Leave Act (the “Act”). Here’s a quick primer on what employers need to know ahead of the program’s...more
Quick Hit: Maryland employers with 50 or more employees must submit information regarding sexual harassment settlements on or before July 1, 2020. This information must be submitted using a portal on the Maryland Commission...more
During the early days of the coronavirus pandemic, the Maryland legislature passed over 600 pieces of legislation, many of which relate to employment issues. Several of these bills, including ones that prohibit use of facial...more
5/27/2020
/ Employee Privacy Rights ,
Employer Liability Issues ,
Facial Recognition Technology ,
Gender-Based Pay Discrimination ,
Governor Hogan ,
Grooming Policies ,
Hairstyle Discrimination ,
Hiring & Firing ,
Interviews ,
Job Applicants ,
Mini-Warn Acts ,
Notice Requirements ,
Prior Express Consent ,
Salary/Wage History ,
State Bans ,
State Labor Laws ,
State Legislatures ,
Voluntary Reduction in Force
As the March 31, 2020 deadline for submitting 2019 EEO-1 reports came and went without the EEOC opening its reporting portal, many employers have been awaiting the EEOC’s announcement of when it would begin accepting the...more
As we previously reported, in October 2019 OFCCP announced that it had submitted a request to the Office of Management and Budget (“OMB”) for approval of proposed changes to its Voluntary Self-Identification of Disability...more
On May 6, 2020, OFCCP announced that its Ombuds Service is now available to the contractor community. The agency initially announced its plan to create an Ombuds Service in the fall of 2018 as part of its overall initiative...more
In the wake of Virginia voting in Democratic majorities in both houses of the state legislature last year, the Virginia legislature has passed, and Virginia Governor Ralph Northam has signed into law, a slew of new measures...more
4/27/2020
/ Anti-Discrimination Policies ,
Anti-Retaliation Provisions ,
Department of Taxation ,
Employee Rights ,
Employer Liability Issues ,
Governor Northam ,
Human Rights Act ,
Low-Income Issues ,
Minimum Wage ,
Misclassification ,
Non-Compete Agreements ,
Private Right of Action ,
Reasonable Accommodation ,
Remedies ,
State Labor Laws ,
Wage and Hour ,
Wage Theft
As noted in our recent posts, OFCCP remains open for business despite the COVID-19 pandemic. On April 17, 2020, OFCCP provided further evidence of that fact, announcing three new directives “to maximize the effectiveness of...more
The Office of Federal Contract Compliance Programs (“OFCCP”) has released its 2020 Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) benchmark. Effective March 31, 2020, the new benchmark is 5.7%, a slight decrease...more
On April 10, 2020, the Department of Labor (“DOL”) released corrections to the regulations implementing the Emergency Family and Medical Leave Expansion Act (“EFMLEA”) and the Emergency Paid Sick Leave Act (“EPSLA”)...more
As faithful readers of this blog know, OFCCP proposed significant changes to its audit scheduling letters in April 2019, and then scaled back those changes in June 2019 revisions. Now, close to a year after OFCCP commenced...more
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
As the outbreak of COVID-19 affects the country and states, counties and cities take various measures to slow the transmission, many employers are facing uncertainty and considering business contingency measures. To the...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
In response to the global health crisis, Mayor Muriel Bower has signed the D.C. COVID-19 Response Emergency Amendment Act of 2020 (the “Act”). Unless extended, the Act will remain in effect until June 15, 2020, and, among...more