News & Analysis as of

Hiring & Firing Biden Administration

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Perkins Coie

OFCCP Releases New AI Guidance for Federal Contractors

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The Office of Federal Contract Compliance Programs (OFCCP) released updated guidance for the use of artificial intelligence (AI) by federal contractors on April 29, 2024—the latest indication that federal contractors’ use and...more

Stotler Hayes Group, LLC

New Nursing Home Staffing Standards Announced By Biden Administration

On April 22, 2024, the Centers for Medicare and Medicaid Services (“CMS”) announced that it had issued several new rules affecting Medicaid beneficiaries and skilled nursing facilities. Most important to skilled nursing...more

Husch Blackwell LLP

The Labor Law Insider: (Scary) Real Life Scenarios – Practical Application, Part I

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Labor Law Insider host Tom Godar challenges his guests, Mary-Ann Czak and Terry Potter, with real-life scenarios gathered from client interactions over the past several months. These scenarios help highlight the fundamental...more

PilieroMazza PLLC

New Wave of Pay Transparency Requirements Affects Employers and Federal Contractors

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A growing patchwork of state pay transparency laws is placing additional requirements on employers. At least five states and the District of Columbia have now enacted pay transparency laws requiring employers to disclose...more

DirectEmployers Association

OFCCP Week In Review: March 2024 #3

Monday, March 11, 2024: Biden “Hits the Brakes” on Non-Defense Discretionary Budgets for Federal Agencies Joining Congress’ Historic Pivot Away from Both Bigger Federal Agencies and Bigger Social Programs - With the...more

DirectEmployers Association

OFCCP Week In Review: March 2024 #2

Wednesday, March 6, 2024: JOLTS Report – Job Openings Decreased by 26k in January, Rate Unchanged at 5.3% - Job Openings and Labor Turnover Survey (JOLTS) Report for January 2024 (Remember: JOLTS reports a month late) ...more

WilmerHale

State Governments Move to Regulate AI in 2024

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Recently, New York Governor Kathy Hochul proposed sweeping artificial intelligence (AI) regulatory measures intended to protect against untrustworthy and fraudulent uses of AI. Presented as part of her FY 2025 Executive...more

DirectEmployers Association

Big Budget Opponents Again Stop a Final Federal FY 2024 Budget While Congress Keeps to Agreement to Limit Agency Spending to FY...

US DOL Budget Will Remain at its Present Level Through March 22, 2024 - It has now become clear that neither Republicans nor Democrats have the stomach to shut the federal government agencies down, but neither does either...more

DirectEmployers Association

OFCCP Week In Review: March 2024

Tuesday, February 27, 2024: U.S. OPM & OMB Jointly Published First Ever Strategic Plan on Hiring Military Spouses - Pursuant to an Executive Order (“EO) President Biden issued last summer, the U.S. Office of Personnel...more

Fisher Phillips

Federal Contractors Would Need to Display Salary Ranges Under Proposed Pay Transparency Rule: Here’s What You Need to Know

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The Biden administration recently announced new pay transparency measures intending to reduce wage gaps based on gender and race. The White House unveiled these new efforts on January 29, which marked the 15th anniversary of...more

Mitratech Holdings, Inc

AI in HR: Navigating the Legal Landscape and Ensuring Fairness in Employee Selection

Artificial intelligence (AI) continues to revolutionize many industries, and the employment space is no exception. According to the Society for Human Resource Management (SHRM), almost one in four organizations utilize...more

Venable LLP

New FAR Pay Equity Rule Puts Contractors Between a Rock and a Hard Place: How Can Federal Contractors Ensure Proposed Labor Rates...

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On January 29, 2024, the Biden administration announced a series of pay equity and transparency initiatives. One initiative comes in the form of a proposed rule to amend the Federal Acquisition Regulation (FAR) to (1)...more

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

Federal Contractors Can Soon Anticipate Rules on Pay Transparency and Salary History for Applicants and Employees

On December 4, 2023, the Federal Acquisition Regulation (FAR) Council submitted a proposed rule on “Pay Equity and Transparency in Federal Contracting” to the White House Office of Management and Budget (OMB) for approval. On...more

PilieroMazza PLLC

Successor Government Contractor Hiring Obligations Change: DOL’s Long Awaited Nondisplacement Rule

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On December 14, 2023, the Department of Labor published a Final Rule implementing Executive Order 14055, Nondisplacement of Qualified Workers Under Service Contracts, effective February 12, 2024. The rule establishes that...more

DirectEmployers Association

OFCCP Week In Review: January 2024 #4

Wednesday, January 17, 2024: Conservative Activist Group Filed Complaints with OFCCP Alleging Prominent Airlines’ DEI Programs Violated Their Federal Contracts - “Doubling down” on its new tactic, America First Legal...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 1, January 2024

We are excited to kick off 2024 with more in-depth insights into the construction industry and legal issues that can impact your business. Our goal is to provide the most up-to-date information along with our thoughts and...more

DirectEmployers Association

OFCCP Week In Review: January 2024

This is a Special Two-Week Edition of the DirectEmployers Week In Review (for the period December 19,,2023 through January 1, 2024). DE publishes this Special Edition each year at this time to report what you missed when so...more

Fisher Phillips

4 Answers for Federal Construction Contractors Facing New Collective Bargaining Rules

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Certain federal construction contractors and subcontractors should take the time now to review new labor requirements impacting most large-scale federal construction projects. A final rule, which the Biden administration...more

PilieroMazza PLLC

Successor Government Contractor Hiring Obligations Change: DOL’s Long Awaited Nondisplacement Rule Effective February 12, 2024

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On December 14, 2023, the Department of Labor’s (DOL) Wage and Hour Division (WHD) published its long-awaited Final Rule, “Nondisplacement of Qualified Workers Under Service Contracts.” The rule defines service contractors’...more

Akin Gump Strauss Hauer & Feld LLP

Timeline: Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence

On October 30, 2023, the Biden administration issued its long-awaited artificial intelligence (AI) executive order (EO), which issues directives to over 20 federal agencies, with the deadline for implementation spanning...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your November To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

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

Biden Administration Renews Focus on Disability Discrimination as ADA Turns 33

In a presidential proclamation on the 33rd anniversary of the Americans with Disabilities Act (ADA), President Biden stated that the landmark civil rights law “has had a profound impact,” but the United States has “much more...more

Goodwin

US Antitrust Agencies Release Revised Draft Merger Guidelines

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On July 19, 2023, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) (each an Agency, and collectively, the Agencies) released a long-awaited draft version of revised Merger...more

Proskauer - California Employment Law

AI is Here and So Are the New AI Rules for Employers

California is considering a new law (Assembly Bill 331), also known as the Automated Decision Systems Accountability Act.  Modeled after the Biden Administration’s Blueprint for an AI Bill of Rights (whitehouse.gov), AB 331...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

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