Effective October 1, 2024, Maryland will become the sixth state (plus the District of Columbia), to require that employers provide an upfront disclosure of the wage or salary range for open positions in job listings. The new...more
5/9/2024
/ Disclosure Requirements ,
Employer Liability Issues ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Labor Reform ,
New Legislation ,
New Regulations ,
Pay Discrimination ,
Pay Transparency ,
State Labor Laws ,
Wage and Hour
On January 12, 2024, District of Columbia Mayor Muriel Bowser signed the Wage Transparency Omnibus Amendment Act of 2023, which broadens D.C.’s existing pay transparency laws and requires employers in D.C. to list salary and...more
On May 26, 2023, New York City Mayor Eric Adams signed into law a bill that expands the protections offered by the New York City Human Rights Law (NYCHRL). Effective November 22, 2023, the NYCHRL will prohibit discrimination...more
So far in 2023, artificial intelligence (AI) has been at the leading edge of the technological revolution, as the potential applications for tools like ChatGPT have drawn considerable buzz. In April 2023, we reported on New...more
On April 6, 2023, the New York City Department of Consumer and Worker Protection issued its final rule interpreting the City’s Local Law 144 regulating the use of "automated employment decision tools," which went into effect...more
4/20/2023
/ Artificial Intelligence ,
Bias ,
City of New York ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Human Resources Professionals ,
Job Applicants ,
Labor Reform ,
Local Ordinance ,
Popular
On November 21, 2022, OFCCP proposed a new Scheduling Letter and Itemized Listing that will greatly increase the amount and specificity of documents and information that federal government contractors must provide in...more
On November 1, 2022, job postings for positions in New York City – including remote positions that can be performed in New York City – must include a salary range listing the minimum and maximum salary or hourly wage amounts...more
11/2/2022
/ City of New York ,
Disclosure Requirements ,
Employer Liability Issues ,
Employment Discrimination ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Labor Reform ,
Local Ordinance ,
New Regulations ,
Pay Equity Laws ,
Pay Transparency ,
Wage and Hour
In a July 28, 2022 e-mail communication, OFCCP emphasized the need for federal government contractors to certify their compliance with the affirmative action plan (AAP) requirements of Executive Order 11246 through OFCCP’s...more
On May 20, 2022, the Office of Federal Contract Compliance Programs (OFCCP) released its Corporate Scheduling Announcement List (CSAL), which identifies 400 federal supply and service contractor and subcontractor...more
The emerging trend of laws banning inquiries into salary history and promoting pay transparency will soon expand to federal contractors. On March 15, 2022, President Biden issued an Executive Order titled “Executive Order on...more
3/18/2022
/ Biden Administration ,
Employer Liability Issues ,
Equal Pay ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Labor Reform ,
Labor Regulations ,
Pay Gap ,
Pay Transparency ,
Salary/Wage History ,
Wage and Hour
Beginning on May 15, 2022, employers in New York City must begin listing salary ranges in any advertisements for jobs, promotions, or transfer opportunities. The new measure is the latest in a nationwide trend of state and...more
1/31/2022
/ City of New York ,
Compensation & Benefits ,
Employer Liability Issues ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Labor Reform ,
Local Ordinance ,
New Regulations ,
Pay Transparency ,
Regulatory Requirements ,
Wage and Hour
On December 2, 2021, OFCCP announced that its Affirmative Action Program Verification Interface (also referred to as the Contractor Portal) is now operative. Through the Contractor Portal, federal government supply and...more
On March 31, 2021, in United States ex rel. Felten v. William Beaumont Hospital, the Sixth Circuit Court of Appeals held that an employer’s allegedly retaliatory conduct directed at an employee after the employee’s...more
4/2/2021
/ Anti-Kickback Statute ,
Anti-Retaliation Provisions ,
Corporate Counsel ,
Disparagement ,
False Claims Act (FCA) ,
Healthcare Fraud ,
Hiring & Firing ,
Medicaid ,
Medicare ,
Qui Tam ,
Retaliation ,
TRICARE ,
Whistleblowers ,
Wrongful Termination
On March 30, 2021, the Office of Federal Contract Compliance Programs (OFCCP) announced that it was lowering the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) hiring benchmark again this year. Effective March...more
On December 15, 2020, the District of Columbia Council unanimously passed the Ban on Non-Compete Agreements Amendment Act of 2020, under which the District of Columbia joins California and a small handful of jurisdictions...more
On November 10, 2020, OFCCP published its Final Rule on “Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures to Resolve Potential Employment Discrimination.” We previously covered OFCCP’s...more
On September 14, 2020, the Office of Federal Contract Compliance Programs (OFFCP) requested approval from the Office of Management and Budget to require government contractors to certify on an annual basis that they are in...more
The Office of Federal Contract Compliance Programs (“OFCCP”) recently issued new FAQ guidance on how federal government contractors should treat non-binary employees (i.e., those who do not exclusively identify as either male...more
9/10/2020
/ Affirmative Action ,
Civil Rights Act ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Gender Identity ,
Hiring & Firing ,
Job Applicants ,
OFCCP ,
Sexual Orientation Discrimination ,
Title VII
On August 3, 2020, President Trump issued an Executive Order titled “Aligning Federal Contracting and Hiring Practices with the Interests of American Workers,” signaling that the administration may seek to limit the ability...more
The first round of VEVRAA focused reviews is on the horizon. Last year, OFCCP released its scheduling list identifying the federal contractors who were selected for focused reviews of their compliance with the Vietnam Era...more
On February 21, 2020, OFCCP announced the launch of its new Contractor Compliance Institute as part of its ongoing efforts to provide guidance and training to aid federal government contractors in meeting their compliance...more
Public company directors, who are under constant threat of claims, received welcome news earlier this month. On December 9, 2019, the U.S. District Court for the Southern District of New York ruled that corporate directors...more
1/2/2020
/ Anti-Retaliation Provisions ,
CEOs ,
Corporate Counsel ,
Directors ,
Energy Projects ,
Hiring & Firing ,
Internal Reporting ,
Investment ,
Investment Opportunities ,
Investors ,
Liquidity ,
Personal Liability ,
Public Statements ,
Publicly-Traded Companies ,
Renewable Energy ,
Renewable Energy Investments ,
Reporting Requirements ,
Retaliation ,
Sarbanes-Oxley ,
Securities Violations ,
Shareholder Litigation ,
Subsidiaries ,
SunEdison ,
Termination ,
Whistleblower Protection Policies ,
Whistleblowers
Maintaining its recent focus on compliance issues particular to educational institutions, OFCCP published a technical assistance guide for educational institutions on October 11, 2019. The guide follows a flurry of OFCCP...more
10/21/2019
/ Affirmative Action ,
Contractors ,
Disparate Treatment ,
Educational Institutions ,
Employment Discrimination ,
Gender Discrimination ,
Hiring & Firing ,
New Guidance ,
OFCCP ,
Opinion Letter ,
Race Discrimination ,
Student Employees ,
Tenure ,
Town Hall Meetings ,
Wage and Hour
The OFCCP opened the month of October by announcing three multimillion dollar settlements with major government contractors. The agency entered into early resolution conciliation agreements with Goldman Sachs & Co. LLC and...more
10/9/2019
/ Affirmative Action ,
Bank of America ,
Bias ,
Compensation & Benefits ,
Conciliation ,
Dell ,
Employment Discrimination ,
Enforcement Actions ,
FAAP ,
Federal Contractors ,
Gender Discrimination ,
Goldman Sachs ,
Hiring & Firing ,
OFCCP ,
Race Discrimination ,
Settlement ,
Statistical Analysis ,
Wage and Hour
On September 10, 2019, the California Senate passed AB5, a sweeping bill to control the use of independent contractors in the nation’s largest state. With the California Assembly concurring in the Senate’s amendments to the...more
9/18/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Exempt-Employees ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Legislative Agendas ,
Misclassification ,
Non-Exempt Employees ,
Pending Legislation ,
Regulatory Agenda ,
Risk Assessment ,
State and Local Government ,
State Labor Laws ,
Wage and Hour