On April 12, 2019, the OFCCP submitted new forms of its scheduling, compliance check, and Section 503 focused review letters to the Office of Management and Budget (OMB) for approval. ...more
On April 22, 2019, the U.S. Supreme Court heard argument in Food Marketing Institute v. Argus Leader Media. Polsinelli attended the oral arguments to provide insight concerning the potential implications for federal...more
4/25/2019
/ Burden of Proof ,
Competition ,
Confidential Information ,
Exemptions ,
Federal Contractors ,
FOIA ,
Food Marketing Institute v Argus Leader Media ,
OFCCP ,
Public Disclosure ,
SCOTUS ,
Split of Authority ,
Substantial-Competitive-Harm Test ,
Trade Secrets
“Glaring,” “concerning,” “troubling,” “problematic,” and “systemic” were some of the words used by OFCCP Director Craig Leen to describe the underrepresentation of women, minorities, and individuals with disabilities at large...more
4/12/2019
/ Affirmative Action ,
Discrimination ,
Disparate Impact ,
Diversity ,
Federal Contractors ,
Hiring & Firing ,
Job Applicants ,
OFCCP ,
Pay Equity Laws ,
Pay Gap ,
Recruitment Policies ,
Women in the Law
On April 3, 2019, the EEOC announced in a court filing that it will require employers to submit 2018 EEO-1 pay and hours data by September 30, 2019....more
4/8/2019
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
OMB ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Oversight ,
Regulatory Requirements ,
Reporting Requirements ,
Rulemaking Process ,
Wage and Hour
While the U.S. Supreme Court’s recent decisions have generally supported the enforceability of employment-related arbitration agreements, mandatory employment arbitration remains under fire in other contexts. ...more
On March 27, 2019, 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. ...more
On March 25, 2019, the OFCCP released its Corporate Scheduling Announcement List (CSAL) online for public access. The CSAL identifies 3,500 contractor establishments that will be audited by OFCCP, with a portion of those...more
On March 4, 2019 Judge Chutkan of the U.S. District Court for the District of Columbia issued a ruling that immediately reinstated the EEO-1 pay data reporting requirement....more
3/19/2019
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
OMB ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Oversight ,
Regulatory Requirements ,
Reporting Requirements ,
Rulemaking Process ,
Wage and Hour
Employers who thought that they had received a respite from the U.S. Equal Employment Opportunity Commission’s proposed requirement to report information about employees' pay and hours worked when submitting their annual...more
3/15/2019
/ Data Collection ,
EEO-1 ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Federal Contractors ,
Gender-Based Pay Discrimination ,
OMB ,
Pay Discrimination ,
Pay Gap ,
Reporting Requirements ,
Rulemaking Process ,
Wage and Hour
In Wadler v. Bio-Rad Laboratories, Inc., the U.S. Court of Appeals for the Ninth Circuit adopted a limited, plain meaning construction of the types of reports that are protected by the Sarbanes-Oxley Act’s (SOX) whistleblower...more
3/4/2019
/ Adverse Employment Action ,
Appeals ,
Bio-Rad Laboratories ,
Bribery ,
Corporate Misconduct ,
Foreign Corrupt Practices Act (FCPA) ,
Hiring & Firing ,
Reporting Requirements ,
Reversal ,
Sarbanes-Oxley ,
Whistleblower Protection Policies ,
Whistleblowers
On January 22, 2019, a new rule went into effect providing much-needed guidance on the definition of “recruitment fees” under the FAR human trafficking prohibition. ...more
With the posting of 2019 CSAL notices possibly imminent, government contractors should prepare for the fact that a portion (approximately 500 out of 3,500 total) of the OFCCP’s FY 2019 compliance evaluations will be Section...more
On February 1, 2019, the Equal Employment Opportunity Commission (“EEOC”) announced that it would postpone the opening of the submission period for EEO-1 survey responses until “early March 2019” and extend the deadline for...more
2/8/2019
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Filing Deadlines ,
Gender-Based Pay Discrimination ,
Government Shutdown ,
Pay Discrimination ,
Pay Gap ,
Reporting Requirements ,
Trump Administration ,
Wage and Hour
Employers may choose to implement arbitration programs to manage the costs and risks of employment-related litigation. Arbitration may minimize negative publicity, and may further assist employers to keep costs low and reduce...more