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DOL to Require Successor Employers to Offer Right of First Refusal to Predecessor Employees Under Service Contract Act

On December 14, 2023, the U.S. Department of Labor issued final regulations requiring the so-called “nondisplacement” of workers performing work on contracts for the federal government under the Service Contract Act (SCA)....more

OFCCP to Require Successor Employers to Offer Right of First Refusal to Predecessor Employees Under Service Contract Act

On December 14, 2023, the U.S. Department of Labor issued final regulations requiring the so-called “nondisplacement” of workers performing work on contracts for the federal government under the Service Contract Act (SCA)....more

OFCCP Sued to Compel Release of EEO-1 Data

Readers will recall that in August 2022, OFCCP published a notice in the Federal Register advising employers that it was the subject of a Freedom of Information Act (FOIA) request seeking EEO-1 data from all federal...more

New Guidance on Contractor Vaccine Mandate Anticipated Soon

On Friday, October 14, 2022, the Office of Management and Budget (OMB) and the Safer Federal Workforce Task Force (“Task Force”) announced that they anticipate further guidance will be issued following the narrowing of the...more

Appeals Court Limits Injunction of Government Contractor Vaccine Mandate, But Enforcement Unlikely for Now

On August 26, 2022, the U.S. Court of Appeals for the Eleventh Circuit upheld a lower court’s injunction of Executive Order 14042, President Biden’s executive order requiring employees working on federal government contracts...more

OFCCP Plans to Disclose Confidential Employer EEO-1 Data: Can Employers Protect Their Information?

On August 19, 2022, OFCCP published a notice in the Federal Register for the stated purpose of advising employers that in response to a Freedom of Information Act (FOIA) request, it is planning to produce confidential...more

USDOL’s Proposed Rewrite of Davis-Bacon Enforcement Rules: Back to the 1970’s

On March 18, 2022, the U.S. Department of Labor (DOL) published a notice of proposed rulemaking in the Federal Register, calling for the most sweeping revisions to the rules governing Davis-Bacon Act (DBA) enforcement since...more

New OFCCP Directive Increases Employer Burden in Compliance Review Process

On March 31, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a new Directive 2022-02.  Its stated purpose is to provide “transparency on OFCCP’s compliance evaluation policies and expectations for...more

An Update on the Federal Contractor Vaccine Mandate: No Need to Comply for Now, but Private Arrangements May Still be Enforceable

With the U.S. Supreme Court’s consideration of challenges to the OSHA Vaccination and Testing Emergency Temporary Standard and the CMS Vaccine Mandate making the headlines, less attention has been paid to the federal...more

Down the Rabbit Hole: A Trip through the OFCCP’s New Contractor Portal

On December 2, 2021 the Office of Federal Contract Compliance Programs (OFCCP) issued an announcement introducing its new contractor portal.  OFCCP describes the portal as a “platform where covered contractors must certify...more

The Safer Federal Workforce Task Force Publishes Additional Federal Contractor and Subcontractor Guidance

On September 9, 2021, President Biden signed Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors (“Order”), which directed the executive agencies to begin amending federal contracts to...more

White House Announces Vaccine Mandates for Employees of Large Private Employers, Federal Contractors, and Most Healthcare...

On September 9, 2021, President Joseph R. Biden released a sweeping new COVID-19 Action Plan, Path Out of the Pandemic.  This Plan includes mandates that employees working for large private employers, the federal government,...more

OFCCP Reverses Course, Will Use EEO-1 Pay Data for Investigation, Enforcement

On September 1, 2021, the Office of Federal Contract Compliance Programs (OFCCP), the Department of Labor sub-agency charged with enforcing affirmative action and non-discrimination requirements imposed on federal contractors...more

Biden Announces Vaccine Requirements for Federal Employees, Contractors

On July 29, 2021, President Joseph R. Biden announced new requirements for federal employees and onsite federal contractors regarding vaccination status, masking, and social distancing....more

Hitting the Ground Running: The First 100 Days of the Biden Administration, and Key Takeaways for Employers

In September 2020, then-candidate Joe Biden promised organized labor that, if elected, he would be the “strongest labor president you’ve ever had.”  In his first 100 days in office, now President Biden has acted quickly and...more

Biden Increases Minimum Wage and Phases Out Tip Credit for Federal Contractors

On April 27, 2021, President Joseph R. Biden issued an executive order increasing the minimum wage for workers working on or in connection with a federal government contract. Under the order, federal contractors will be...more

Biden Revokes Trump Executive Order on Diversity and Inclusion, Adopts Policies “Advancing Racial Equity” and Extending LGBT...

President Biden signed a flurry of executive orders on January 20, 2021, his first day in office, a number of which rescinded or revised the prior administration’s executive orders and policies with regard to equity in the...more

Federal Court Issues Nationwide Injunction of Executive Order on Diversity and Inclusion Training

On December 22, 2020, the U.S. District Court for the Northern District of California issued a nationwide preliminary injunction banning the enforcement of Executive Order 13950, which seeks to prohibit purported...more

OFCCP Issues Voluntary Request for Information Regarding Diversity and Inclusion Programs

On October 21, 2020, the Office of Federal Contract Compliance released a Request for Information (RFI) relating to federal contractor and subcontractor training, and the recently issued Executive Order 13950. That order,...more

OFCCP Releases FAQs on Diversity and Inclusion Executive Order

On October 7, 2020, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) released Frequently Asked Questions under the recent Executive Order 13950 regarding diversity and inclusion programs...more

New Executive Order Seeks to Regulate Diversity Training by Federal Contractors and Grant Recipients

On September 22, 2020, the White House released a new executive order, On Combating Race and Sex Stereotyping.  Among other things, the order instructs government contracting agencies to add provisions to government contracts...more

Labor and Employment Rulemaking Prominent in Spring 2020 Regulatory Agenda

The federal government recently released its unified federal regulatory agenda–the document that outlines regulatory and deregulatory actions agencies expect to take in coming months....more

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