News & Analysis as of

Notice of Proposed Rulemaking (NOPR) Federal Contractors

King & Spalding

The Administration Takes Aim At Drug Prices Again – This Time Through A Controversial Framework for Exercising March-In Rights

King & Spalding on

The Biden Administration recently announced a plan to leverage an old tool in a new way to try to reduce drug costs: exercising “march-in rights” under the Bayh-Dole Act for drugs that were supported by government funding. ...more

DirectEmployers Association

OFCCP Week In Review: September 2022 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Cynthia L. Hackerott. In today’s edition,...more

DirectEmployers Association

OFCCP Week In Review: August 2022 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Cynthia L. Hackerott. In today’s edition,...more

Morrison & Foerster LLP - Government...

EO 14055 Proposed Rules Require Successor Contractors To Once Again Offer First Right Of Refusal To Predecessor Workers

On July 15, 2022, the U.S. Department of Labor (DoL) published a 160-page Notice of Proposed Rulemaking (NPRM) to implement Executive Order (EO) 14055, “Nondisplacement of Qualified Workers Under Service Contracts,” seeking...more

Jackson Lewis P.C.

Emerging Construction Legal Trends and Issues on Employment Front: Proposed Davis-Bacon Act Reform

Jackson Lewis P.C. on

For employers in the construction industry, the Department of Labor’s (DOL) proposed revisions to Davis-Bacon Act (DBA) regulations on prevailing wages on public projects can mean significant adjustments to their practices....more

DirectEmployers Association

OFCCP Week In Review: June 2022 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee J. Chambers and Cynthia L. Hackerott. In today’s...more

Morrison & Foerster LLP

OFCCP Signals Return to More Aggressive and Less Transparent Audits

In the last three weeks alone, OFCCP has issued two significant Directives and a notice of proposed rulemaking, signaling its intent to be far more aggressive and less transparent in compliance evaluations than under the...more

Fisher Phillips

DOL’s Proposed Revisions of Davis Bacon Act Rules Will Have Significant Impact on Federal Construction Contractors

Fisher Phillips on

Federal wage and hour officials recently issued proposed rules that will make it easier for unions to have their hourly rates of pay established as the prevailing wage rates and will increase the Department of Labor’s...more

DirectEmployers Association

OFCCP’s Proposed NPRM Walks Backwards Promising Less Transparency in Audits and Unknown, But Different (to come), Evidentiary...

Contractors Will Not Like OFCCP’s Assault on Their Rights or OFCCP Interpretations of Title VII Law Requirements Changing Like the Weather - But This Will Happen as OFCCP Continues Its New March to be a Highly Politicized...more

DirectEmployers Association

OFCCP Week In Review: March 2022 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Jackson Lewis P.C.

Significant Changes to Davis-Bacon and Related Acts Regulations Proposed

Jackson Lewis P.C. on

The U.S. Department of Labor (DOL) has issued its long-awaited Notice of Proposed Rulemaking (NPRM) seeking to revise Davis-Bacon Act (DBA) regulations....more

Constangy, Brooks, Smith & Prophete, LLP

OFCCP seeks to undo Trump-era predetermination regs

So much for transparency! Today, the Office of Federal Contract Compliance Programs issued a Notice of Proposed Rulemaking that would largely rescind enforcement procedures codified in 2020 during the Trump...more

Jackson Lewis P.C.

OFCCP Releases Notice of Proposed Rulemaking to Rescind Pre-Enforcement Notice and Conciliation Procedures

Jackson Lewis P.C. on

As anticipated, OFCCP has released its proposal to revise the Agency’s Rule on Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures to Resolve Potential Employment Discrimination. The final...more

Hahn Loeser & Parks LLP

U.S. Department of Labor Announces Overhaul of Prevailing Wage Rules

On March 11, 2022, the U.S. Department of Labor announced a Notice of Proposed Rulemaking to update the rules governing how workers are paid on federally funded construction projects. The proposed changes represent the...more

DirectEmployers Association

OFCCP Week In Review: March 2022 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Jackson Lewis P.C.

USDA Seeks to ‘Blacklist’ Government Contractors for Labor and Employment Law Violations

Jackson Lewis P.C. on

The U.S. Department of Agriculture (USDA) published a Notice of Proposed Rulemaking (NPRM) on February 17, 2022, seeking to update its contract acquisition requirements. Within the proposed rulemaking, the USDA included two...more

DirectEmployers Association

OFCCP Week In Review: November 2021 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

DirectEmployers Association

OSHA Emergency Temporary Standard Mandating COVID-19 Vaccines or Testing/Masks Catches Federal Contractors in a Bind by Exempting...

On Thursday, the U.S. Department of Labor Occupational Safety and Health Administration (“OSHA”) published both its highly anticipated Emergency Temporary Standard (“ETS”: 86 FR 61402) as an “Interim Final Rule” implementing...more

Snell & Wilmer

Federal Contractor Minimum Wage Increase

Snell & Wilmer on

The minimum wage for federal contractors may increase to $15.00 on January 30, 2022, up from the current minimum wage of $10.95. President Biden issued Executive Order 14026, which seeks to increase the minimum hourly...more

DirectEmployers Association

OFCCP Week In Review: June 2021 #5

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

DirectEmployers Association

OFCCP Week In Review: March 2021 #5

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Goodwin

Changes To March-In Rights Under Bayh-Dole And More?

Goodwin on

Since its enactment in 1980, the Bayh-Dole Act has been credited with promoting the development of over 10,000 startup companies and at least 200 pharmaceutical drugs and vaccines, while contributing more than $500 billion...more

Constangy, Brooks, Smith & Prophete, LLP

OFCCP Issues Final Rule On Religious Exemption

Religious entities given clarity in federal procurement. The Office of Federal Contract Compliance Programs issued its Final Rule on “Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious...more

DirectEmployers Association

OFCCP Week In Review: September 2020 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

DirectEmployers Association

OFCCP Week In Review: June 2020 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

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