Yesterday (March 25, 2024), the U.S. Department of Labor announced that the Office of Federal Contract Compliance Programs (OFCCP) will begin accepting online submissions on April 1 from covered contractors to certify they...more
Executive Summary: On August 4, 2023, the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) published a final rule amending the 2020 pre-enforcement regulations colloquially referred to as the...more
On April 18, 2023, the Office of Federal Contract Compliance Programs (OFCCP) issued an updated scheduling letter. OFCCP rejected the vast majority of the comments submitted by the contractor community in response to the...more
OFCCP announced yesterday, March 20, 2023, that the Contractor Certification Portal will open in ten days. Contractors have until June 29, 2023 to certify that they are in compliance with OFCCP’s affirmative action and...more
On August 19, OFCCP published a Notice in the Federal Register alerting federal contractors that it received a Freedom of Information Act (FOIA) request from the Center for Investigative Reporting (CIR) seeking all federal...more
Executive Summary: Just two days before the Thanksgiving holiday, the Office of Federal Contract Compliance Programs (OFCCP) issued a proposed scheduling letter and itemized listing seeking a number of additional documents...more
On March 21, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a Notice of Proposed Rulemaking (NPRM) dialing back the level of transparency and evidentiary standards for issuing pre-enforcement notices...more
On March 15, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a new Directive clarifying covered contractors’ obligation to conduct pay equity audits on an annual basis. Quite notably, the OFCCP issued...more
March 30, 2022 is the deadline for federal contractors, including subcontractors, to register in OFCCP’s recently launched Contractor Portal. Beginning March 31, contractors will have until June 30 to verify compliance with...more
2/21/2022
/ Affirmative Action ,
Data Collection ,
Disability Discrimination ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Federal Contractors ,
Filing Deadlines ,
Hiring & Firing ,
Job Applicants ,
OFCCP ,
Portal
On December 17, 2021, the Eleventh Circuit refused to stay a nationwide injunction blocking the federal contractor COVID-19 vaccine mandate from going into effect, pending appeal. By way of background, on Tuesday, December...more
12/24/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Injunctions ,
Stays ,
Vaccinations ,
Workplace Safety
On Tuesday, December 7, 2021, a federal district court in Georgia halted enforcement of the Biden Administration’s federal contractor vaccine mandate in every state. As part of his plan to combat the COVID-19 pandemic,...more
12/10/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Lack of Authority ,
Preliminary Injunctions ,
Vaccinations ,
Workplace Safety
On September 24, 2021, President Biden’s Safer Federal Workforce Task Force issued guidance for federal contractors and subcontractors regarding mandatory COVID-19 workplace safety protocols (“Guidance”). ...more
10/6/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Mandates ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Model Contract Clauses ,
Public Health Emergency ,
Regulatory Requirements ,
Safety Programs ,
Subcontractors ,
Vaccinations ,
Workplace Safety
On September 9, 2021, President Biden signed a new Executive Order requiring federal contractors and subcontractors to provide adequate COVID-19 safeguards for individuals working on or in connection with a federal government...more
The Office of Management and Budget (OMB) has approved the OFCCP’s Affirmative Action Program Verification Interface (AAP-VI). Although the AAP-VI portal on the OFCCP’s website is not currently live, there is a placeholder...more
Employer Update: Tuesday, March 2, 2021, the Office of Federal Contract Compliance Programs (OFCCP) announced that it has revised its Fiscal Year 2020 Supply and Service Scheduling List by removing all establishments that...more
On September 22, 2020, President Trump signed Executive Order 13950, Combating Race and Sex Stereotyping (the “EO”), which indicates that it seeks to “combat offensive and anti-American race and sex stereotyping and...more
10/13/2020
/ Bias ,
Civil Rights Act ,
Deregulation ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Race Relations ,
Regulatory Reform ,
Sexual Stereotyping ,
Title VII ,
Trump Administration
On September 22, 2020, President Trump signed Executive Order 13950, Combating Race and Sex Stereotyping (the “EO”), which seeks to “combat offensive and anti-American race and sex stereotyping and scapegoating,” and end...more
10/6/2020
/ Bias ,
Civil Rights Act ,
Deregulation ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Race Relations ,
Regulatory Reform ,
Sexual Stereotyping ,
Title VII ,
Trump Administration
Executive Summary: On July 2, 2020, the Office of Federal Contract Compliance Programs (OFCCP) published a Federal Register Notice of Final Rule amending its regulations under 41 CFR 60 regarding OFCCP jurisdiction over...more
Over the last two months, the Department of Labor’s (DOL) Office of Federal Contract and Compliance Programs (OFCCP) issued seven new directives under the OFCCP’s Acting Director and Deputy Director, Craig Leen....more
10/15/2018
/ Administrative Review ,
Affirmative Action ,
Department of Labor (DOL) ,
Federal Contractors ,
Freedom of Religion ,
Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission ,
OFCCP ,
Ombudsman ,
Regulatory Oversight ,
Regulatory Requirements ,
Trump Administration ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
On August 3, 2018, the head of the U.S. Department of Labor’s (DOL) contractor enforcement office announced that the DOL intends to identify and audit contractors who fail to certify their affirmative action compliance to the...more
8/24/2018
/ Affirmative Action ,
Audits ,
Certification Requirements ,
Cooperative Compliance Regime ,
Department of Labor (DOL) ,
Federal Contractors ,
General Services Administration (GSA) ,
OFCCP ,
Regulatory Oversight ,
Regulatory Reform ,
Regulatory Requirements
On May 18, 2018, the U.S. Department of Labor (DOL) issued a press release announcing an Office of Federal Contract Compliance Programs (OFCCP) Directive that extends by two years the enforcement moratorium pertaining to the...more
President Trump has signed a Joint Resolution (H.J. Res. 37) disapproving federal agency rules implementing the Fair Pay and Safe Workplaces Executive Order (EO 13673) (also known as the “Blacklisting” EO) signed by former...more
4/6/2017
/ Arbitration ,
Blacklist ,
Disclosure Requirements ,
Executive Orders ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
Labor Law Violations ,
Pay Transparency ,
Sexual Assault ,
Sexual Harassment ,
Title VII ,
Trump Administration