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Dobbs’ Impact on Employers

On June 24, 2022, the United States Supreme Court issued its long-anticipated ruling in Dobbs v. Jackson Women’s Health Organization. In Dobbs, the Supreme Court upheld Mississippi’s abortion restrictions making most abortion...more

OFCCP Identifies Contractors Selected for FY2022 Compliance Audits

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

Maryland Enacts New State Paid Family and Medical Leave Entitlement

Maryland recently joined nine other states (and the District of Columbia) in providing employees in the state with a right to paid family and medical leave.  Although employer contributions to the paid family and medical...more

OFCCP Directive on Compliance Evaluation Procedures Signals Renewed Focus on Enforcement

On March 31, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued its second Directive, No. 2022-02, of the Biden Administration.  The new Directive implements both procedural and substantive changes to...more

Ban on Salary History Inquiries to Expand to Federal Contractors

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

OFCCP Issues New Directive Requiring Pay Equity Audits

On March 15, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued its first directive of the Biden Administration to address the requirement that federal government contractors and subcontractors perform...more

USDA Seeks to Revive “Blacklist” Rule Requiring Contractors to Certify Labor Violations

On February 17, 2022, the United States Department of Agriculture (USDA) published a Notice of Proposed Rulemaking updating USDA’s Agriculture Acquisition Regulation (AGAR), the agency’s counterpart to the Federal Acquisition...more

Mandatory Arbitration Agreements No Longer Enforceable in Sexual Harassment or Assault Cases

In a rare showing of bipartisanship, the Senate passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which allows employees or others to escape mandatory arbitration clauses in connection with any...more

New York City to Require Disclosure of Salary Range in Job Advertisements

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

Biden Re-Establishes Non-Displacement Executive Order for SCA Contractors

On November 18, 2021, President Biden issued Executive Order 14055 that requires successor contractors under federal government service contracts to offer employment to certain employees of the predecessor contractor whose...more

Federal District Judge Enjoins the Federal Contractor COVID-19 Vaccine Mandate Nationwide

On December 7, 2021, Judge R. Stan Baker of the U.S. District Court for the Southern District of Georgia enjoined the federal government from enforcing Executive Order 14042’s COVID-19 vaccination mandate for federal...more

OFCCP Launches Contractor Portal to Require Annual Affirmative Action Plan Certification

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

Executive Order 14042’s Vaccine Mandate for Federal Government Contractors Enjoined in Tennessee, Ohio, and Kentucky

On November 30, 2021, the U.S. District Court for the Eastern District of Kentucky threw a wrench into the federal government’s efforts to enforce Executive Order 14042’s COVID-19 vaccination mandate against federal...more

Department of Labor Finalizes $15 Minimum Wage for Employees of Federal Contractors

On November 16, 2021, the Department of Labor published a Final Rule implementing Executive Order 14026 and raising the federal contractor minimum wage to $15 per hour under most federal government contracts entered into...more

D.C. Enacts Paid COVID-19 Vaccine Leave and Extends Public Health Emergency Leave Under DC FMLA

On November 18, 2021, District of Columbia Mayor Muriel Bowser signed the “COVID Vaccination Leave Emergency Amendment Act of 2021” (the “Act”). The Act applies to nearly all private employers with employees in the District....more

New York Enhances Protections for Whistleblowers

Effective January 26, 2022, New York will greatly expand whistleblower protections provided to employees and independent contractors, creating new compliance challenges and avenues of liability for employers....more

OFCCP Announces Rescission of 2020 Rule Expanding the Religious Exemption Under Executive Order 11246

On November 9, 2021, the Office of Federal Contract Compliance Programs (OFCCP) published a proposed rule rescinding its December 2020 Final Rule broadening the religious exemption from Executive Order 11246’s...more

Federal Contractor Employees Must Now be Fully Vaccinated Against COVID-19 By January 18, 2022

On November 10, 2021, the Biden Administration announced another change to the deadline for federal contractors to become fully vaccinated against COVID-19 as required by Executive Order 14042. ...more

Biden Administration Delays the Deadline for Federal Contractor Employees to Become Fully Vaccinated Until January 4, 2022

On November 4, 2021, the Biden Administration issued a Fact Sheet announcing the release of its long-awaited Occupational Safety and Health Administration (OSHA) and Center for Medicare and Medicaid Services (CMS) COVID-19...more

Safer Federal Workforce Task Force Publishes Guidance for Contractor COVID-19 Vaccine Mandate

On September 24, 2021, the Safer Federal Workforce Task Force (Task Force) published its expected guidance regarding the COVID-19 vaccination mandate for federal government contractors.  ...more

New Executive Order Imposes COVID-19 Vaccine Mandate on Federal Contractor Employers

In an attempt to contain the continuing COVID-19 pandemic, President Biden issued two Executive Orders on September 9, 2021 that mandate COVID-19 vaccines for federal government employees and employees of federal government...more

OFCCP May Use EEO-1 Data Reported By Employers in Support of Enforcement Efforts

On September 1, 2021, the Office of Federal Contract Compliance Programs (OFCCP) announced that it would “evaluate” using compensation data reported by federal contractors in annual EEO-1 filings to guide its enforcement...more

Department of Labor Issues Proposed Regulations for Contractor Minimum Wage Increase

On July 21, 2021, the Department of Labor issued a Notice of Proposed Rulemaking to implement President Biden’s Executive Order 14026 increasing the minimum wage for certain employees of federal government contractors and...more

OFCCP Issues CSAL List for Fiscal Year 2021 Compliance Audits

On July 1, 2021, OFCCP issued its Corporate Scheduling Announcement List (CSAL) scheduling 750 federal contractor and subcontractor establishments for compliance evaluations in fiscal year 2021. ...more

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