News & Analysis as of

Department of Labor (DOL) Freedom of Information Act

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL Appeals EEO-1 FOIA Ruling to Ninth Circuit Court of Appeals

On February 15, 2024, the U.S. Department of Labor (DOL) filed a notice of appeal to the Ninth Circuit Court of Appeals, seeking review of a district court ruling that ordered the DOL to release federal contractors’ 2016–2020...more

Jackson Lewis P.C.

OFCCP to Appeal Adverse EEO-1 Report Disclosure Order

Jackson Lewis P.C. on

As previously reported, in December 2023, the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) was ordered to release the EEO-1 reports of federal contractors it had withheld from production in...more

Proskauer - Government Contractor Compliance...

Court Orders Release of Contractor EEO-1 Reports

On December 22, 2023, a court in the Northern District of California ordered the disclosure of EEO-1 Reports filed by federal contractors and subcontractors (“Contractors”) between 2016 and 2020 in the case, Center for...more

DirectEmployers Association

OFCCP Week In Review: January 2024 #2

Monday, December 4, 2023: FAR Council Submitted for OMB Approval Proposed Rule on “Pay Equity and Transparency in Federal Contracting” Another potential new regulation for federal contractors is in the pipeline. The FAR...more

Jackson Lewis P.C.

Court Orders OFCCP to Release EEO-1 Reports

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The Center for Investigative Reporting’s (CIR) lawsuit against the U.S. Department of Labor, Office of Federal Contract Compliance Program (OFCCP) over EEO-1 report access has ended — at least for now — in the court ordering...more

Seyfarth Shaw LLP

Court Rules EEO-1 Reports Are Not Exempt “Commercial” Information Under FOIA; Department of Labor May Appeal

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Seyfarth Synopsis: Many federal contractors and subcontractors treat their EEO-1 reports as confidential because they contain detailed demographic data and workforce information. A lawsuit brought by the Center for...more

Constangy, Brooks, Smith & Prophete, LLP

Court orders release of contractors’ EEO-1 Reports

Another chapter has unfolded in the ongoing saga relating to the unprecedented and massive FOIA request for all federal contractors’ EEO-1 Reports. As we previously reported, Will Evans, a reporter with The Center for...more

Husch Blackwell LLP

Memorandum of Understanding Between Governmental Labor and Employment Agencies Creates Increased Exposure for Businesses

Husch Blackwell LLP on

As of September 13th, the Department of Labor’s Wage and Hour Division (DOL-WHD) is partnering with the Equal Employment Opportunity Commission (EEOC) to focus on “enhanced law enforcement” through information sharing, joint...more

Bradley Arant Boult Cummings LLP

Teaming Up? EEOC and DOL Announce Enhanced Enforcement Efforts

Last week, the Equal Employment Opportunity Commission (EEOC) and the United States Department of Labor’s Wage and Hour Division (DOL) issued a memorandum of understanding (MOU) that announced they are partnering for the...more

DirectEmployers Association

OFCCP Week In Review: June 2023 #2

Monday, June 5, 2023: Based on Either An Unannounced OFCCP Policy Change Or Error, OFCCP Published A CSAL Identifying 250 “Construction Contractors” For Audit - Via an email to stakeholders, OFCCP announced the publication...more

DirectEmployers Association

OFCCP Week In Review - April 2023 #4

Monday, April 17, 2023: OFCCP Released the First 20,000 EEO-1 Files to The Public - EXCLUSIVE: OFCCP Has Also Proposed A Schedule To Resolve Contractor Objections To Disclosure - The most substantive action pertaining to...more

DirectEmployers Association

OFCCP Week In Review - April 2023 #2

Tuesday, April 4, 2023: OFCCP (Silently) Again Updated Its FOIA Objection Portal - Agency Intends to Respond to Objections on “Rolling Basis” through September - OFCCP made several updates to its Freedom of Information...more

DirectEmployers Association

OFCCP Week In Review - March 2023 #4

...DHI Group Inc. (“DHI”) is a job-search website operator posting corporate job vacancies for technology professionals on its Dice.com website. DHI has now agreed to settle numerous U.S. Equal Employment Opportunity...more

DirectEmployers Association

OFCCP Week In Review: March 2023 # 3

Friday, March 10, 2023: FTC Jumped into the “Joint-Employer” Fray and Also Broadened Its Attack on Non-Competition Agreements to Franchise Agreements - If you did not think things were bad enough already between private...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - March 2023 #3

Walsh Exits. March 10, 2023, marked Marty Walsh’s last day as U.S. secretary of labor. The duties of the secretary are now being handled by Acting Secretary of Labor Julie Su, who is waiting on the U.S. Senate to act on her...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - March 2023

POTUS Nominates Su to Lead DOL. This week, President Biden nominated Julie Su to serve as secretary of the U.S. Department of Labor (DOL) (the current secretary, Marty Walsh, is scheduled to leave his position later this...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - February 2023 #3

Wilson Leaving FTC. Christine Wilson, the only Republican commissioner serving on the Federal Trade Commission, announced this week that she would be resigning her position. In an opinion piece printed by an internationally...more

Ruder Ware

OFCCP Issues New February 17 Deadline for Federal Contractors to Object to Disclosure of EEO-1 Data!

Ruder Ware on

If you are a federal contractor, keep reading.  Last summer, the Office of Federal Contractor Compliance Programs (OFCCP) issued a notice to all federal contractors that the Center for Investigative Reporting had requested...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - February 2023 #2

Biden’s SOTU, Part II. This week, President Biden delivered his second State of the Union (SOTU) address to a joint session of the U.S. Congress. (Over the years, the Buzz has been quite candid with our feelings about the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OFCCP’s New February 17 Deadline for Asserting Objections to EEO-1 Data Release

In a notice released on February 7, 2023, the Office of Federal Contract Compliance Programs (OFCCP) posted an updated final notice of the agency’s impending release of EEO-1 Type 2 (Consolidated) reports for 2016-2020 to all...more

DirectEmployers Association

OFCCP Week In Review - February 2023

Thursday, January 26, 2023: U.S. National Institute of Standards and Technology Released AI Risk Management Framework - In an effort to better manage risks to individuals, organizations, and society associated with...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL Notifies Government Contractors That It Intends to Disclose EEO-1 Data for Non-Objectors

We recently reported on a Freedom of Information Act (FOIA) request covering government contractors’ 2016–2020 Type 2 EEO-1 reports announced in the Federal Register, pursuant to which contractors had until October 19, 2022,...more

Jackson Lewis P.C.

Center for Investigative Reporting Files Lawsuit Seeking Release of Federal Contractor EEO-1 Reports

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As we previously reported, in 2019 Will Evans from The Center for Investigative Reporting (CIR) submitted a FOIA request to OFCCP seeking all Type 2 Consolidated EEO-1 Reports filed by federal contractors from 2016-2020. In...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL Sued Over FOIA Request for Contractors’ EEO-1 Reports

On November 15, 2022, an investigative reporter and a nonprofit news organization sued the U.S. Department of Labor (DOL) under the Freedom of Information Act (FOIA). The investigative reporter previously submitted multiple...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - October 2022 #2

DOL Proposes New Independent Contractor Test. On October 13, 2022, the U.S. Department of Labor’s Wage and Hour Division published a notice of proposed rulemaking—“Employee or Independent Contractor Classification Under the...more

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