If Current Polling Holds, Expect Additional Executive Action In 2023 And 2024. This newsletter has often had occasion to discuss the Office of Information and Regulatory Affairs (OIRA) in the context of addressing rules...more
Seyfarth Synopsis. On Thursday, August 18, the Office of Federal Contract Compliance Programs (“OFCCP”) replaced its Directive 2022-01, entitled “Pay Equity Audits” (effective March 15, 2022, the “March Directive”), with a...more
Uniting for Ukraine. While, currently, there is more than enough political news to support the 24 hours news cycle, the ongoing crises in Ukraine continues to be one of the top beats. The U.S. has been in lockstep with its...more
CMS And Federal Contractor Vaccine Mandates Blocked By Numerous Article III Judges. On Monday, a federal judge in Missouri issued a preliminary injunction declaring the Centers for Medicare & Medicaid Services’ (CMS’)...more
Will-They-Won’t-They Saga Continues: As we noted, about two weeks ago, more centrist democrats in the House pushed the speaker into a promise to hold a vote on the bi-partisan infrastructure bill passed by the Senate on...more
10/4/2021
/ Biden Administration ,
Broadband ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Infrastructure ,
NLRB ,
OCR ,
Telecommunications
The Parliamentarian Has Spoken: Minimum Wage Can’t Be Raised Through Reconciliation. At this point, readers of this newsletter are assuredly aware of the substantive contours and the procedural hurdles Joe Biden’s COVID-19...more
Seyfarth Synopsis: After closing FY2018 by issuing a string of directives which changed various aspects of its compliance enforcement process, the Office of Federal Contract Compliance Programs (“OFCCP”) issued three new...more
Seyfarth Synopsis: On the heels of its recent slate of directives, the Office of Federal Contract Compliance Programs (“OFCCP”) has issued a new group of directives which continue to signal changes for the contractor...more
Seyfarth Synopsis: The Office of Federal Contract Compliance Programs (“OFCCP”) is closing the summer by issuing two new enforcement directives....more
8/16/2018
/ Affirmative Action ,
Employer Liability Issues ,
Executive Orders ,
Federal Contractors ,
First Amendment ,
Free Exercise Clause ,
Non-Discrimination Rules ,
OFCCP ,
Regulatory Requirements ,
Rehabilitation Act ,
Religious Discrimination ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
Seyfarth Synopsis: Last Friday, an administrative law judge limited the amount of information that the OFCCP may seek from Google in its on-going compliance audit because the agency failed demonstrate relevance or justify the...more
7/24/2017
/ Administrative Law Judge (ALJ) ,
Affirmative Action ,
Federal Contractors ,
Gender-Based Pay Discrimination ,
Google ,
OFCCP ,
Pay Gap ,
Popular ,
Request For Information ,
Salary/Wage History ,
Wage and Hour
Seyfarth Synopsis: Yesterday, President Trump issued an Executive Order revoking President Obama’s “Blacklisting” Executive Orders pertaining to the government contracting community. The President also signed the joint...more
Seyfarth Synopsis: By a vote of 49-48 last evening by the U.S. Senate, both Houses of Congress have now moved to rescind the regulations issued pursuant to President Obama’s Executive Order 13678, entitled Fair Pay and Safe...more
On February 2, 2017, by a vote of 236 to 187, the U.S. House of Representatives approved a joint resolution of disapproval to block the Final Rule implementing President Obama’s Executive Order 13673, “Fair Pay and Safe...more
2/10/2017
/ Barack Obama ,
Blacklist ,
Competitive Bidding ,
Congressional Review Act ,
Disclosure Requirements ,
Executive Orders ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
Federal Procurement Systems ,
Labor Law Violations ,
Legislative Agendas ,
Mandatory Arbitration Clauses ,
Pre-Dispute Arbitration ,
Preliminary Injunctions ,
Regulatory Burden ,
Transparency ,
Wage and Hour
Seyfarth Synopsis: The first of several anticipated challenges to Executive Order 13673, “Fair Pay and Safe Workplaces,” has resulted in a preliminary injunction staying the implementation of some – but not all – aspects of...more
11/3/2016
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Arbitrary and Capricious ,
Blacklist ,
Constitutional Challenges ,
Davis-Bacon Act ,
Disclosure Requirements ,
EEO ,
Executive Orders ,
Executive Powers ,
Fair Labor Standards Act (FLSA) ,
Fair Pay and Safe Workplaces ,
Family and Medical Leave Act (FMLA) ,
Federal Contractors ,
Free Speech ,
Labor Law Violations ,
NLRA ,
OSHA ,
Pay Transparency ,
Pre-Dispute Arbitration ,
Preliminary Injunctions ,
Reporting Requirements ,
Title VII ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) ,
Wage and Hour
Seyfarth Synopsis: The first of several anticipated challenges to Executive Order 13673, “Fair Pay and Safe Workplaces,” has resulted in a preliminary injunction staying the implementation of some - but not all - aspects of...more
10/27/2016
/ Blacklist ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Executive Orders ,
Executive Powers ,
Fair Pay and Safe Workplaces ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
Labor Law Violations ,
Pay Transparency ,
Preliminary Injunctions ,
Reporting Requirements ,
Wage and Hour
Seyfarth Synopsis: The Final Rules and Guidance on Executive Order 13673, “Fair Pay and Safe Workplaces” (aka “Blacklisting” Order) have been released. Despite robust comments from the contractor community, the Final Rule...more
8/30/2016
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Blacklist ,
Civil Rights Act ,
Collective Bargaining ,
Davis-Bacon Act ,
Department of Defense (DOD) ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Fair Pay and Safe Workplaces ,
Family and Medical Leave Act (FMLA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
General Contractors ,
Labor Law Violations ,
Mandatory Arbitration Clauses ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
Migrant Workers ,
Minimum Wage ,
NLRA ,
OSHA ,
Pay Transparency ,
Recordkeeping Requirements ,
Rehabilitation Act ,
Seasonal Workers ,
Service Contract Act ,
Sexual Harassment ,
Subcontractors ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) ,
Wage and Hour ,
Workplace Safety
Last summer, President Obama signed an Executive Order entitled “Fair Pay and Safe Workplaces” requiring prospective federal contractors to disclose “any administrative merits decision, arbitral award or decision, or civil...more
5/27/2015
/ Administrative Merits Determinations ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
Labor Law Violations ,
NLRB ,
OFCCP ,
OSHA ,
Subcontractors ,
Transparency