Total Articles: 96
Goldberg Segalla LLP • May 24, 2018
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has issued Directive 2018-2, which extends the moratorium on its enforcement of affirmative obligations for subcontractors under TRICARE, the health care program of the United States Department of Defense that provides medical benefits to active duty and retired military personnel and their families.
FordHarrison LLP • May 23, 2018
Executive Summary: 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 affirmative obligations of TRICARE providers. TRICARE is a health care program through the U.S. Department of Defense (DOD) that pays health care benefits to active duty and retired military service members and their families. The moratorium, which had previously been in effect for four years and was set to expire this month, will now expire on May 7, 2021. The OFCCP also expanded coverage under the moratorium to apply to Veterans Affairs Health Benefits Program providers, in addition to TRICARE providers.
Littler Mendelson, P.C. • May 21, 2018
On May 18, 2018, the U.S. Office of Federal Contract Compliance Programs (OFCCP) issued a directive ending uncertainty as to whether efforts to audit TRICARE participants will resume in 2019 and signaling an encouraging willingness to reconsider the agency’s prior positions on this issue. Directive 2018-02 announces a two-year extension of the current moratorium on enforcement of federal contractor obligations based on TRICARE participation through May 7, 2021.
Ogletree Deakins • May 20, 2018
According to a May 18, 2018, press release, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has extended its moratorium on enforcing the affirmative action obligations of TRICARE providers (a health care program of the U.S. Department of Defense that pays for the medical benefits of active duty and retired military personnel and their families). According to a new OFCCP directive, the moratorium, which has been in effect since 2014, will now expire on May 7, 2021. In a footnote, Directive 2018–02 also amends the moratorium to include Veterans Affairs Health Benefits Program providers in addition to TRICARE subcontractors.
Ogletree Deakins • May 07, 2018
With any change in presidential administration, it is typical to see turnover of the highest-ranking personnel in a federal agency. Those transitions appear to be occurring rapidly at the Office of Federal Contract Compliance Programs (OFCCP), as several key OFCCP staffers have quietly left the agency or announced an imminent departure within the last month. Thomas M. Dowd, former deputy director, was quietly removed from the OFCCP website in April of 2018. Midwest Regional Director Bradley A. Anderson recently announced his departure from OFCCP for the Equal Employment Opportunity Commission. The latest change occurred in the Pacific Region, which has developed a reputation for its active posturing in compensation investigations—a reputation that may change with the apparent departure of Regional Director Janette Wipper, who was announced as chief counsel at the California Department of Fair Employment and Housing on May 1, 2018.
Jackson Lewis P.C. • March 26, 2018
In the new spending bill passed by Congress and approved by President Trump last week, OFCCP will receive essentially the amount of funding as it has in previous years. As signed by the President, the budget has $103,476,000 allocated to OFCCP, which is comparable to the $103,767,000 for FY2018, and significantly up from the $91 in the President’s proposed budget. The one sentence appropriation for OFCCP can be found on page 886 of the 2232 page bill.
Jackson Lewis P.C. • March 13, 2018
As the first quarter of 2018 nears its end, and we are adjusting to an extra hour of daylight (and an hour less sleep this weekend) we wanted to take a moment to remind you about the Paid Sick Leave obligations that went into effect in January 2017 for covered contractors. For a refresher of these obligations, check out the blog post my colleague Megan Holstein and I recently posted.
Jackson Lewis P.C. • March 12, 2018
As paid sick leave laws continue to pass across the nation, as recently seen in Austin, Texas, employers have focused on complying with the various state and local jurisdictions’ paid sick leave requirements . However, employers may forget, or might have to totally missed, that there is a federal paid sick leave law. Executive Order 13706, Paid Sick Leave for Workers on Federal Contracts (hereinafter called “Federal Contractor Paid Sick Leave Law”), requires that covered federal contractors provide paid sick and safe leave for qualified reasons to eligible employees. Eligible employees can use this time for their own health care, a family member’s health care, and certain needs related to domestic violence, sexual assault, stalking.
Jackson Lewis P.C. • March 09, 2018
As we’ve been discussing, now is the time for employers to be filing their annual EEO-1 reports. Coincidentally, and perhaps not un-intentionally, Public Citizen, a non profit advocacy group is also using this time to sue OFCCP around its practices of withholding information involving employers’ EEO-1 reports.
Ogletree Deakins • January 15, 2018
In order to close an Office of Federal Contract Compliance Programs (OFCCP) evaluation, a compliance officer (CO) must complete the Standard Compliance Evaluation Report (SCER) Form. The SCER is an internal OFCCP document that provides a road map for the compliance evaluation.
Ogletree Deakins • December 21, 2017
Every compliance evaluation that the Office of Federal Contract Compliance Programs (OFCCP) conducts begins with a scheduling letter. The letter notifies the contractor that it has been selected for an audit and identifies the contractor establishment to be audited. The letter is accompanied by an Itemized Listing of data to be submitted to OFCCP for review concerning the contractor’s affirmative action compliance. The scheduling letter was last renewed in July of 2016, and it will remain in effect until June 30, 2019.
Ogletree Deakins • December 13, 2017
The Office of Federal Contract Compliance Programs (OFCCP) does not require that employers create written job descriptions for positions within their companies; however, well-written job descriptions can play a vital role before and during an OFCCP compliance review.
Jackson Lewis P.C. • November 30, 2017
As of today, OFCCP remains without a new director. According to Bloomberg News, an industry news outlet, the Department of Labor has confirmed Craig Leen has begun work as a “senior advisor” within OFCCP. No additional information regarding his role was provided.
Ogletree Deakins • November 28, 2017
Under 41 C.F.R. §§ 60-217(c); 60-300.44(f); and 60-741.44(f), federal contractors must document outreach and recruitment efforts for qualified minorities, females, and individuals with disabilities, as well as protected veterans (if the contractor is subject to veteran regulations). In an effort to help contractors identify programs that assist in providing job referral services to women, minorities, veterans, and individuals with disabilities, the Office of Federal Contract Compliance Programs (OFCCP) maintains an Employment Referral Resource Directory.
Jackson Lewis P.C. • September 20, 2017
Effective January 1, 2018, the minimum wage for federal contractors working on or in connection with contracts covered by Executive Order 13658 will be $10.35/ hour. The announcement was made via posting in the federal register on September 15, 2017. The wage rate for tipped employees will also increase to $7.25/hour.
Fisher Phillips • September 15, 2017
The U.S. Labor Department has published the 2018 wage-rate floor required by Executive Order 13658, "Establishing A Minimum Wage for Contractors". Beginning on January 1, 2018, the minimum rate will increase by 15 cents per hour to $10.35 per hour.
Ogletree Deakins • September 14, 2017
On August 31, 2017, the U.S. Department of Labor (DOL) announced that the agency will support Hurricane Harvey and Irma relief efforts in a number of ways, including by relaxing federal contractors’ requirements on a temporary basis. As part of the initiative, the Office of Federal Contract Compliance Programs (OFCCP) will be temporarily suspending certain requirements on federal contractors to allow “businesses involved in hurricane relief the ability to prioritize recovery efforts.”
Jackson Lewis P.C. • September 12, 2017
In budget measures last week both the U.S. Senate and House signaled the proposed merger between OFCCP and EEOC will soon be nothing but a distant memory. This action comes on the heels of a recent letter from OFCCP Acting Director Tom Dowd who also questioned the efficiency of the proposed merger in light of available alternatives.
Ogletree Deakins • August 06, 2017
On July 24, 2017, the U.S. Department of Labor’s Veterans’ Employment and Training Service (VETS) sent a letter clarifying the data collection and reporting periods for the VETS-4212 and EEO-1 reports. The letter explains that contractors may use the same data collection period for the reports, but they must be filed during separate time periods.
Fisher Phillips • August 03, 2017
Higher education institutions felt seismic shockwaves yesterday as the New York Times reported that the Trump administration would soon redirect Justice Department resources toward investigating – and possibly suing – colleges and universities over their affirmative action admissions policies. Although the state of affirmative action policies has evolved over the past several decades, never before has such a stark and dramatic shift in the landscape been proposed. What do you need to know about this development? Here are answers to some of the most frequently asked questions about this news.
Nexsen Pruet • April 27, 2017
Executive Order (EO) 11246 prohibits federal contractors and subcontractors from discriminating against employees and applicants on the basis of race, color, religion, sex, sexual orientation, sexual identity, or national origin. To ensure that obligation is met, certain contractors are required, by EO 11246 and related laws, to prepare and maintain an Affirmative Action Plan (AAP). An AAP is a comprehensive, written self-auditing document that generally requires detailed and complex statistical analyses regarding the makeup of the contractor’s workforce and its efforts to proactively recruit, hire, train, and promote women, minorities, disabled individuals, and veterans to ensure that all such individuals have equal opportunities in employment.
FordHarrison LLP • April 06, 2017
Executive Summary: 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 President Obama in 2014. President Trump also issued an EO on March 27, 2017, revoking EO 13673. The revocation of the Fair Pay and Safe Workplaces EO and its implementing regulations means federal contractors will not be required to comply with the EO’s requirement to disclose violations of 14 different federal workplace laws and their state-law equivalents. Additionally, contractors will not be required to comply with the EO’s paycheck disclosure requirements nor will its prohibition on mandatory arbitration of certain Title VII or sexual assault or harassment claims take effect.
Jackson Lewis P.C. • April 03, 2017
OFCCP has released its revised VEVRAA hiring benchmark for 2017. The agency has lowered the benchmark to 6.7 percent, down from the previous 6.9 percent mark.
Littler Mendelson, P.C. • April 03, 2017
On March 31, 2017, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) updated its Annual Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) Benchmark Database to reflect a new hiring benchmark of 6.7 percent. The new benchmark is slightly lower than the previous year’s benchmark of 6.9 percent.
FordHarrison LLP • March 29, 2017
Executive Summary: In January, the OFCCP filed an administrative complaint against Google for denying access to records in violation of applicable federal affirmative action laws and implementing regulations. The Administrative Law Judge (ALJ) denied OFCCP’s request to compel Google to comply with the request for additional information.
Fisher Phillips • March 28, 2017
Today, President Trump signed his approval to a joint resolution passed by Congress disapproving of Executive Order 13673, better known as the “Fair Pay and Safe Workplaces” executive order, and more commonly referred to as the “blacklisting” rules (a term which includes regulations and guidance issued in conjunction therewith). President Trump’s signature sets ablaze yet another piece of the Obama administration’s legacy, permanently blocking rules which would have required federal contractors to disclose violations of numerous workplace laws when bidding for work with the government.
Ogletree Deakins • March 28, 2017
It's official. On March 27, 2017, President Trump signed the Congressional Review Act (CRA) resolution (H.J. Res. 37) invalidating the regulations that implemented President Obama’s Fair Pay and Safe Workplaces Executive Order (EO 13673). Also known as the "contractor blacklisting” regulations, the rules were finalized towards the end of the Obama administration and would have required government contractors and subcontractors to report alleged, unproven violations of 14 federal labor and employment laws—“administrative merits determinations" such as NLRB complaints—for consideration by government contracting officers in awarding federal contracts, among other onerous requirements. At the same time as signing the CRA rescinding the implementing blacklisting regulations, President Trump revoked EO 13673.
Jackson Lewis P.C. • March 23, 2017
As an update to last month’s report that OFCCP has put 800 establishments on notice of upcoming audits, we have learned that as of Friday, March 17, 2017, OFCCP has started sending out letters actually initiating audits.
Nexsen Pruet • November 14, 2016
Employers who regularly contract with the federal government are, most likely, already well aware that doing so can be both difficult and complex. This is particularly the case this time of year, when many are undergoing compliance audits. So here’s a word of warning for those considering entering into contracts with the federal government or becoming federal subcontractors who provide goods or services for prime contractors:
Ogletree Deakins • November 04, 2016
On October 24, 2016, the U.S. District Court for the Eastern District of Texas entered a nationwide injunction preliminarily enjoining the Obama administration from implementing final rules to effectuate Executive Order 13673, Fair Pay and Safe Workplaces. The federal court’s decision came in the context of a lawsuit brought by trade associations challenging the final rules as an unauthorized and unconstitutional exercise of the President’s authority. The preliminary injunction came just hours before the final rules were scheduled to take effect and was seen as welcome news for regulation-weary federal contractors.
Carothers DiSante & Freudenberger LLP • October 27, 2016
Final rules implementing President Obama's Federal Contractor Paid Sick Leave Executive Order were recently issued, establishing new compliance burdens for many federal contractors. The final rule implementing Executive Order 13706 (establishing paid sick leave for federal contractors) was published on September 30, 2016 and begins applying to covered contracts with the federal government on January 1, 2017.
Carothers DiSante & Freudenberger LLP • October 27, 2016
On August 25, 2016, the Department of Labor published the Final Rule and related guidance implementing President Obama's Fair Pay and Safe Workplaces Executive Order. This has been dubbed the "blacklisting rule" because, among other things, it requires federal contractors and subcontractors to disclose various labor-related violations to the government in order to be considered for a contract and allows the government to use that information in determining whether or not to contract with a particular entity. The Final Rule was slated to take effect today (October 25, 2016). However, two industry groups recently filed suit in federal court in Texas (Associated Building Contractors of Southeast Texas, et al. v Anne Rung, et al.) seeking to block implementation and enforcement of the Final Rule on several well-taken grounds, including that the government exceeded its authority in issuing the new rules and that the rules are preempted by various federal laws. In a huge victory for the industry groups (and federal contractors covered by the new rules), yesterday the Texas court granted the industry groups’ motion for a nationwide preliminary injunction, immediately halting enforcement of key aspects of the Executive Order (“EO”) and Final Rule pending final resolution of the litigation. The ruling enjoins the portions of the Final Rule requiring contractors to disclose labor violations and prohibiting covered contractors from requiring employees to arbitrate Title VII claims or tort claims for sexual assault or harassment. The injunction does not block a third aspect of the Final Rule, the “paycheck transparency” portion, which requires covered contractors to provide employees with detailed wage statements. That requirement takes effect January 1, 2017.
Fisher Phillips • October 27, 2016
In a somewhat surprising development, a federal court in Texas blocked the government from implementing most of the federal contractor “blacklisting” rules that were slated to go into effect on October 25, 2016. The final rules and guidance implementing the Fair Pay and Safe Workplaces Executive Order, signed by President Obama in July 2014 and published in August 2016, would have required contractors to disclose violations of numerous workplace laws, such as Title VII and the FLSA, when bidding for work with the government. But by virtue of Judge Marcia Crone’s October 24 order, contractors can carry on and proceed without present concern about most of the blacklisting rules.
FordHarrison LLP • October 26, 2016
Executive Summary: On the day before the effective date of the Regulations and Guidance implementing the Fair Pay and Safe Workplaces Executive Order (collectively the “Rules”), a federal trial court in Texas has temporarily halted implementation of the “blacklisting” requirements and the prohibition of pre-dispute arbitration agreements for Title VII claims and torts based on sexual harassment or assault imposed on certain government contractors and subcontractors by the EO.
Jackson Lewis P.C. • October 25, 2016
A U.S. District Court Judge has ordered a nationwide preliminary injunction blocking the labor law violation disclosure requirements and restriction on use of arbitration agreements portions of the Fair Pay and Safe Workplaces Final Rule and Guidance (“Final Rule”), which were set to take effect on October 25, 2016.
Littler Mendelson, P.C. • October 25, 2016
Late in the day on Monday October 24, 2016, a U.S. District Court Judge for the Eastern District of Texas granted a preliminary injunction against implementation of major and contentious provisions of the Fair Pay and Safe Workplaces Executive Order (E.O.), also known as the "blacklisting" rule. The injunction, requested by the Associated Builders and Contractors of Southeast Texas, the Associated Builders and Contractors national organization, and the National Association of Security Companies,2 will temporarily block implementation and enforcement of the E.O.'s (1) disclosure and disqualification requirements and (2) prohibition on pre-dispute arbitration agreements.
Ogletree Deakins • October 25, 2016
On October 24, 2016, a Texas judge issued a preliminary injunction in a case challenging the so-called contractor blacklisting rules, which were scheduled to take effect today, October 25. The final regulations, which the U.S. Department of Labor issued two months ago to implement Executive Order No. 13673, Fair Pay and Safe Workplaces (EO 13673), would have required companies bidding on certain federal contracts to report past and pending determinations by courts, arbitrators, and federal enforcement agencies regarding violations of 14 federal labor laws, including two other executive orders. The final regulations created a scheme of “serious, willful, repeated, and pervasive” violations that would have threatened contractors’ eligibility for federal contracts, even if those “violations” consisted of no more than preliminary determinations made unilaterally by agency enforcement staff. Starting today, these requirements were set to apply to bids on solicitations valued at $50 million or more and, starting April 25, 2017, to solicitations valued at or above $500,000.
Jackson Lewis P.C. • October 25, 2016
In a much anticipated, last minute ruling, a U.S. District Court Judge has ordered a nationwide preliminary injunction blocking the labor law violation disclosure requirements and restriction on use of arbitration agreements portions of the Fair Pay and Safe Workplaces Final Rule and Guidance (“Final Rule”), which were set to take effect today.
Jackson Lewis P.C. • October 20, 2016
Several large construction and security industry groups have filed a lawsuit in the U.S. District Court for the Eastern District of Texas to block the heavily criticized Fair Pay and Safe Workplaces Executive Order 13673 and related rules. The court has scheduled a temporary restraining order (TRO) hearing for October 21, 2016, just four days before the Executive Order’s requirements begin to go into effect on October 25.
Jackson Lewis P.C. • October 19, 2016
We have learned that Patricia Shiu will end her tenure as OFCCP Director in just a few weeks, on November 6th. Director Shiu assumed the position in mid-2009 and has been one of the longest-serving directors of the agency.
Ogletree Deakins • October 13, 2016
The regulatory onslaught for federal contractors just won’t stop. The “contractor blacklisting” regulations implementing Executive Order 13673, Fair Pay and Safe Workplaces are set to take effect by the end of this month. On September 29, 2016, the U.S. Department of Labor (DOL) issued a final rule to implement Executive Order 13706, Establishing Paid Sick Leave for Federal Contractors, which means that contractors’ human resources and legal teams will have another set of regulations to parse and implement by the end of the year.
Littler Mendelson, P.C. • October 04, 2016
On September 29, 2016, the U.S. Department of Labor (DOL) issued its long-awaited final rule1 to implement Executive Order 13706,2 which requires covered federal contractors to provide employees with up to seven days (56 hours) of paid sick leave per year, including paid leave to care for family members and family-like individuals. Although the DOL made several minor revisions in its final rule, the substantive provisions of the rule—including accrual and use requirements—remain largely unchanged and will impose substantial new obligations on many employers beginning January 1, 2017.
FordHarrison LLP • October 03, 2016
Executive Summary: On September 29, 2016, the U.S. Department of Labor (DOL) acted on President Obama’s Executive Order 13706 (EO) and released a final rule implementing the requirements for federal contractors and subcontractors to provide employees with paid sick leave (Final Rule). Specifically, contractors must provide one hour of paid sick leave for every 30 hours worked on or in connection with a covered contract, for at least 56 hours per year, and subject to certain limitations. The requirements will take effect for covered contracts entered into on or after January 1, 2017.
Jackson Lewis P.C. • October 03, 2016
The U.S. Department of Labor has released final regulations implementing President Barack Obama’s Executive Order 13706, requiring up to seven days of paid sick leave for workers on federal contracts.
Phelps Dunbar LLP • October 03, 2016
On September 29, 2016, the Department of Labor (“DOL”) released a final rule that requires federal contractors to provide their employees up to seven days of paid sick leave per year. This rule implements Executive Order 13706, which was signed by President Obama on September 7, 2015.
Fisher Phillips • October 03, 2016
The U.S. Department of Labor (USDOL) unveiled final regulations yesterday that will require federal contractors to provide up to 56 hours of paid sick leave to those employees performing work on or in connection with certain contracts issued on or after January 1, 2017. President Obama issued an Executive Order to mandate this requirement in September 2015, but the regulations themselves create a whole set of new specific responsibilities. Contractors will want to familiarize themselves with these rules as soon as possible.
Ogletree Deakins • September 29, 2016
On September 29, 2016, the U.S. Department of Labor (DOL) announced publication of the final rule implementing the paid sick leave executive order that applies to federal contractors. Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors requires certain federal contractors to provide their employees up to seven days of paid sick leave per year.
Jackson Lewis P.C. • September 29, 2016
On the eve of the end of its fiscal year, the U.S. Department of Labor has released final rules for new EEO-1 Pay Data reporting obligations as well as paid sick leave regulations for federal contractors.
FordHarrison LLP • September 27, 2016
The Department of Labor (DOL) has announced that the minimum wage for employees performing work on certain federal contracts will increase to $10.20 per hour beginning January 1, 2017. Additionally, the minimum cash wage that generally must be paid to tipped employees of covered federal contractors will increase to $6.80 per hour effective January 1, 2017. This increase is in accordance with the requirements of Executive Order 13658, Establishing a Minimum Wage for Contractors, signed by President Obama on February 12, 2014.
Ogletree Deakins • September 23, 2016
On September 22, 2016, the U.S. Government Accountability Office (GAO) released a report evaluating the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP). The report, entitled “Equal Employment Opportunity: Strengthening Oversight Could Improve Federal Contractor Nondiscrimination Compliance,” largely covers the weaknesses in OFCCP’s compliance evaluations, which, according to the report, have an impact on the effectiveness of its enforcement efforts. The report lays the blame on “OFCCP’s weak compliance evaluation selection process, reliance on voluntary compliance, and lack of staff training.”
Jackson Lewis P.C. • September 23, 2016
This week the General Accounting Office (GAO) issued a report to the House of Representatives Committee on Education and the Workforce on its recent audit of OFCCP. The report reviews (1) how the Agency conducts audits; and, (2) the Agency’s outreach assistance and guidance efforts.
Littler Mendelson, P.C. • September 21, 2016
On September 20, 2016, the U.S. Department of Labor published a notice of the minimum wage rate to be paid, beginning January 1, 2017, to workers performing on or in connection with federal contracts covered by Executive Order (E.O.) 13658, Establishing a Minimum Wage for Contractors. Beginning January 1, 2017, federal contractors must pay covered workers at least $10.20 per hour. The Secretary of Labor also gave notice that beginning January 1, 2017, covered tipped employees performing work on or in connection with covered contracts must be paid a cash wage of at least $6.80 per hour.
Jackson Lewis P.C. • August 04, 2016
Hello from the 2016 Industry Liaison Group National Conference in Charlotte, North Carolina!
FordHarrison LLP • July 06, 2016
Executive Summary: On June 23, 2016, the U.S. Supreme Court held for the second time that race may be taken into account when public universities and colleges admit students. In a 4-3 decision (Justice Kagan recused herself based on her prior work on the case as Solicitor General), the Court held that the University of Texas at Austin's (UT) admissions policy, which uses a variety of factors including race to increase the diversity of its student body, does not violate the Equal Protection Clause of the Constitution. Fisher v. University of Texas at Austin, Case No. 14-981.
Jackson Lewis P.C. • June 26, 2016
In a 4-3 decision on Thursday, June 23, 2016, the United States Supreme Court upheld the University of Texas’s (UT) race-conscious admissions program. The decision addressed only UT’s specific admissions policy in effect when Ms. Fisher was denied admission in 2008, but for the third time in four decades confirms that race-conscious affirmative action admissions programs are not categorically unconstitutional. Rather, as set out in a pair of 2003 decisions (Gratz v. Bollinger, 539 U.S. 306 and Grutter v. Bollinger, 539 U.S. 306), narrowly-tailored race-conscious admissions policies may, as in this case, survive a “strict scrutiny” review under the U.S. Constitution.
Littler Mendelson, P.C. • June 26, 2016
On June 23, 2016, the U.S. Supreme Court issued an opinion for the second time in Fisher v. University of Texas at Austin, (Fisher II), a case that directly questioned whether race can be considered at all in college admissions, and had the potential to call into doubt the legality of federal affirmative action requirements for government contractors as well as some employer diversity programs. In a 4-3 decision, the Court determined that the University of Texas’ race-conscious admissions program in use when the complainant applied to the school is lawful under the Equal Protection Clause. The decision is a positive development for proponents of affirmative action programs in both higher education and in employment.
Ogletree Deakins • June 24, 2016
On June 23, 2016, the Supreme Court of the United States ruled that the race-conscious admission program that a public university used for undergraduate admissions was lawful under the Equal Protection Clause of the Fourteenth Amendment of the U.S. Constitution. In a 4–3 ruling, the Court held that the university’s program withstood strict scrutiny analysis. The three dissenting justices argued that the university failed to meet its burden to show that the admissions plan was narrowly tailored to serve compelling interests. Fisher v. University of Texas at Austin, No. 14–981, Supreme Court of the United States (June 23, 2016).
Fisher Phillips • June 24, 2016
Today the U.S. Supreme Court held by a four to three vote that the University of Texas’s use of racial preferences in undergraduate admissions did not violate the Equal Protection Clause of the Fourteenth Amendment, upholding the University’s affirmative action program. The issue of affirmative action in higher education has now been considered five times by the Supreme Court and has produced some of the Court’s most fractious decisions, today’s being no exception. Fisher v. University of Texas.
Jackson Lewis P.C. • June 24, 2016
Today in the case of Fisher v. University of Texas, the U.S. Supreme Court today held, in a 4-3 decision, that the “race-conscious admissions program in use at the time of petitioner’s application is lawful under the Equal Protection Clause.” This is the second time the Court has considered the issue but the first time it has issued a decisive decision.
Jackson Lewis P.C. • June 20, 2016
The Final Rule on Sex Discrimination from the Office of Federal Contract Compliance Programs recognizes the expanding interpretation of “because of sex” as a basis for discrimination, but does not impose on federal contractors new “equal pay” requirements, a new posting, new subcontract or purchase order updates, or a new tagline on job postings.
Phelps Dunbar LLP • June 20, 2016
On Tuesday, June 14, 2016, the Office of Federal Contract Compliance Programs (“OFCCP”) announced a Final Rule that updates its sex discrimination regulations, which apply to federal contractors and subcontractors, including those performing work under federally assisted construction contracts. The new regulations contained in the Final Rule were published in the June 15 Federal Register and go into effect August 15, 2016.
Jackson Lewis P.C. • December 18, 2015
While its been quite some time since we’ve discussed the issue, it seems we have occasion again to revisit the age-old, yet unresolved, question of whether healthcare providers are covered by federal affirmative action laws and regulations. The answer to that question has been an ongoing saga in Congress and the courts. The recent history of this topic can be found here and here.
Vedder Price • October 20, 2015
Following the lead set by four1 states and 24 municipalities2, on Labor Day, September 7, 2015, President Obama issued an executive order (EO) requiring federal contractors to provide their employees with at least seven days of paid sick leave per year, including paid leave allowing for family care. The EO applies to qualifying contracts awarded under solicitations issued on or after January 1, 2017, and will affect the approximately 300,000 people estimated to be working under federal contracts.
Jackson Lewis P.C. • October 14, 2015
As part of its ongoing effort to provide employers with tools to educate and inform employees and non-employees about affirmative action obligations, OFCCP has released a new disability self-identification public service-like video entitled Disability Inclusion Starts With You.
FordHarrison LLP • September 30, 2015
Executive Summary: As part of its 50th Anniversary celebration, the OFCCP recently launched a website that lists, by contractor name, establishments that are in the process of developing a class member list as part of the settlement process with OFCCP. The agency has stated that the purpose of this website is to locate as many class members as possible by directing potential class members to contact the OFCCP. The Class Member Locator website can be found at www.dol.gov/OFCCP/CML.
FordHarrison LLP • September 21, 2015
Executive Summary: The Department of Labor (DOL) has announced that the minimum wage for certain federal contracts will increase to $10.15 per hour beginning January 1, 2016. Additionally, the minimum cash wage that generally must be paid to tipped employees of covered federal contractors will increase to $5.85 per hour effective January 1, 2016.
Jackson Lewis P.C. • September 18, 2015
Bills pending in both houses of Congress would make it unlawful for most federal contractors to request a job applicant, whether orally or in writing, to disclose criminal history record information before the applicant has received a conditional offer of employment.
Fisher Phillips • September 18, 2015
The U.S. Labor Department has published the 2016 wage-rate floor required by President Obama's "Establishing A Minimum Wage for Contractors" Executive Order 13658. The Order has been implemented through regulations appearing at 29 C.F.R. Part 10. Both the Order and 29 C.F.R. § 10.5 call for USDOL to conduct annual re-determinations of that minimum wage.
Jackson Lewis P.C. • September 18, 2015
On September 11, 2015, OFCCP published the Final Rule implementing Executive Order 13665 – Prohibitions Against Pay Secrecy Policies and Actions. The Final Rule will be effective for contracts or subcontracts over $10,000 entered into or modified after January 11, 2016.
Phelps Dunbar LLP • September 15, 2015
On September 11, the Department of Labor (DOL) issued a final rule implementing Executive Order 13665, which prohibits federal contractors from discriminating against employees and job applicants who inquire about, discuss or disclose their own compensation or the compensation of other employees or applicants.
FordHarrison LLP • September 14, 2015
Executive Summary: The Office of Federal Contract Compliance Programs (OFCCP) has published a final rule implementing President Obama's executive order prohibiting federal contractors from retaliating against employees for discussing or inquiring about their own compensation or that of other employees. The final rule takes effect January 11, 2016 for covered federal contractors.
Phelps Dunbar LLP • September 11, 2015
On September 7, 2015, President Obama issued an Executive Order requiring federal contractors to provide up to seven days (or 56 hours) of paid sick leave each year to covered employees working on contracts entered into on or after January 1, 2017 (the “Executive Order”).
Ogletree Deakins • September 11, 2015
On Labor Day, President Obama announced a new Executive Order that will require federal contractors to provide employees with paid sick leave. The new order, anticipated to apply to new federal contracts entered into on or after January 1, 2017, will require covered federal contractors and subcontractors to provide at least one hour of paid leave for every 30 hours worked and will enable employees to earn up to 7 days or more of paid sick leave annually. Employees may use the paid time off to take care of themselves or family members and also for absences related to domestic violence, sexual assault, and stalking.
FordHarrison LLP • September 09, 2015
Executive Summary: President Obama has signed an Executive Order requiring federal contractors and subcontractors to provide employees with one hour of paid sick leave for every 30 hours worked, for at least 56 hours per year. The requirement will take effect for covered contracts entered into after January 1, 2017.
Jackson Lewis P.C. • September 09, 2015
A new executive order signed by President Barack Obama on September 7, 2015, requires federal contractors and subcontractors to give their workers the ability to earn up to seven days (56 hours) of paid sick leave each year. Workers will earn an hour of paid leave for every 30 hours of work and can use this leave to care for themselves or family members. Workers can carry over unused leave from year to year and unused leave will be reinstated for employees rehired by a covered contractor within 12 months after a job separation. Payment for unused leave upon job separation is not required under the executive order.
Fisher Phillips • September 09, 2015
President Obama used Labor Day 2015 to send a strong signal about his domestic priorities, signing an Executive Order which will require federal contractors and subcontractors to provide their workers up to seven or more days of paid sick leave per year. Employers have some time to come into compliance, as the rule only applies to contracts that are solicited or awarded starting on January 1, 2017.
Jackson Lewis P.C. • September 09, 2015
To follow up on our report last month, President Obama has signed an Executive Order requiring federal contractors to give their workers the ability to earn up to seven days (56 hours) of paid sick leave each year. The executive order will go into effect on January 1, 2017 and instructs the U.S. Secretary of Labor to issue regulations to implement the executive order by September 30, 2016.
XpertHR • September 09, 2015
On Labor Day, the White House announced that President Barack Obama signed an Executive Order requiring federal contractors to offer their employees up to seven days of paid sick leave on an annual basis. The President also announced new Department of Labor rules giving federal contract workers access to new tools to demand equal pay.
Littler Mendelson, P.C. • September 08, 2015
The latest in a string of presidential actions targeting employers that do business with the federal government is a new Executive Order (EO) that will require federal contractors to provide their employers with paid sick leave. Signed on Labor Day 2015 and effective in 2017, the EO will permit employees working on federal contracts to earn at least one hour of paid sick leave for every 30 hours worked. According to a White House fact sheet, the paid leave mandate will affect approximately 300,000 workers. The White House also announced that the Department of Labor (DOL) will issue a final rule this week to implement Executive Order 13665, which adds pay transparency requirements to existing federal contractor obligations. Specifically, this EO, signed into law on April 8, 2014, adds new prohibitions on discrimination based on the inquiry, discussion, or disclosure of pay.
FordHarrison LLP • August 07, 2015
The next big change for federal contractors may be a requirement that they provide paid sick leave to employees. According to the New York Times, President Obama has drafted an executive order that would require federal contractors and subcontractors to provide a minimum of 56 hours of paid sick leave (approximately seven days) per year to employees. The leave could be used for the employee's own illness, to care for a spouse, child or family member who is ill or for absences from work to seek medical attention, attend counseling, obtain relocation assistance or attend legal proceedings related to sexual violence or stalking.
FordHarrison LLP • August 21, 2014
Executive Summary: The Office of Federal Contract Compliance Programs (OFCCP) has published a Directive on Gender Identity and Sex Discrimination (DIR 2014-02). The Directive clarifies that agency guidance on discrimination on the basis of sex under Executive Order 11246 includes gender identity and transgender status. The Directive is available on the OFCCP web site at: http://www.dol.gov/ofccp/regs/compliance/directives/dir2014_02.html.
FordHarrison LLP • April 28, 2014
The U.S. Supreme Court has upheld an amendment to the Michigan constitution that prohibits the use of race-based preferences as part of the admissions process for all state universities. See Schuette v. Coalition to Defend Affirmative Action (BAMN), 2014 U.S. LEXIS 2932 (U.S. Apr. 22, 2014).
Franczek Radelet P.C • April 23, 2014
The U.S. Supreme Court held yesterday that a voter-approved ban on the use of race-based preferences for public university admissions does not violate the U.S. Constitution. The decision focused narrowly on whether the U.S. Constitution prohibited the voters of Michigan from making a university admissions decision typically made at the university board level—the decision to consider race in admissions. The Court found no constitutional prohibition. The Court’s decision did not disturb the Court’s prior rulings that institutions of higher education and K-12 schools may maintain admissions and student assignment policies that consider race under certain conditions.
Fisher Phillips • April 23, 2014
n a highly anticipated decision, the Supreme Court upheld Michigan’s Proposal 2, which amended the Michigan Constitution to prohibit racial preferences in admissions to public schools and government programs.
Ogletree Deakins • April 23, 2014
On April 22, 2014, the Supreme Court of the United States held that although consideration of race in admissions is constitutionally permissible, voters have every right to reject it. The case, Schuette v. Coalition to Defend Affirmative Action, began as an opportunity to reconsider race-conscious admissions at Michigan’s public colleges and universities. It ended as a celebration of the First Amendment, the democratic process, and states’ rights.
Ogletree Deakins • March 25, 2014
On March 21, 2014, in Associated Builders & Contractors, Inc. v. Shiu, the U.S. District Court for the District of Columbia reached a seminal decision in a case challenging a final rule promulgated by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). The rule, which is scheduled to go into effect on March 24, 2014, implements new regulations under section 593 of the Rehabilitation Act, which requires that government contractors “take affirmative action to employ and advance in employment qualified individuals with disabilities.”
FordHarrison LLP • November 25, 2013
Executive Summary: A construction trade association has sued the director of the OFCCP and the Secretary of Labor, seeking to exclude government contractors in the construction industry from the data collection and utilization review analysis requirements of the OFCCP's new rule amending the requirements for government contractors under § 503 of the Rehabilitation Act. The lawsuit, filed by the Associated Builders and Contractors, Inc. (ABC), claims the OFCCP's new rule "imposes unprecedented, wasteful and burdensome data collection and utilization analysis requirements on government construction contractors, without statutory authority and in an arbitrary and capricious manner."
Fisher Phillips • June 25, 2013
On June 24, 2013, the U.S. Supreme Court vacated a decision by the U.S. Court of Appeals for the 5th Circuit that upheld a race-conscious student admissions process used by the University of Texas. The decision clarifies earlier Supreme Court decisions holding that, although suspect, race may be considered in the admissions process if the process meets strict scrutiny requirements. Fisher v. University of Texas.
FordHarrison LLP • April 16, 2013
Executive Summary: The Office of Federal Contract Compliance Programs (OFCCP) has issued an announcement both reassuring covered contractors that seeking compliance assistance will not trigger a compliance review but also noting that seeking such compliance assistance will not shield the company from a review scheduled in accordance with OFCCP's selection guidelines.
Ogletree Deakins • April 16, 2013
After a relatively quiet 2012, the Office of Federal Contract Compliance Programs (OFCCP) hit the ground running in 2013. In a second major announcement in the new year, OFCCP issued new investigation standards and procedures on February 28 as well as a new policy directive for reviewing the compensation systems and practices of federal contractors and subcontractors.
Ogletree Deakins • May 25, 2012
The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) is soliciting public input on its proposal to implement standard procedures for supply and service (S&S) contractors seeking approval to develop affirmative action programs based on functional or business units, commonly known as functional affirmative action programs (FAAPs). According to the agency, FAAPs “are designed to provide contractors with the option of creating [affirmative action programs] that better fit their business needs.” Contractors must get prior written approval before developing and implementing a FAAP.
Ogletree Deakins • January 10, 2012
On December 9, 2011, the U.S. Department of Laborâ€™s Office of Federal Contract Compliance Programs (OFCCP) published a proposed new rule that would require federal contractors and subcontractors to set a hiring goal of having seven percent (7%) of their workforces be comprised of individuals with disabilities. The proposed rule incorporates the expanded definition of â€œdisabilityâ€ under the final regulations to the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) and imposes major new requirements for applicant self-identification, data collection and recordkeeping, written reasonable accommodation request procedures, and increased recruitment efforts.
Ogletree Deakins • February 08, 2011
The Office of Federal Contract Compliance Programs (OFCCP), an agency of the U.S. Department of Labor (DOL) that administers and enforces the federal affirmative action laws, has become reenergized and refocused during the Obama administration. The OFCCP has new leadership, is better staffed, better funded, and more motivated than in any previous administration in recent history.
Ogletree Deakins • August 03, 2010
OFCCP Announces Intent to Update Disability Affirmative Action Regulations.
Fisher Phillips • May 12, 2009
No one would deny that labor and employment law presents a cornucopia of challenges for healthcare executives. Presently, you must contend with employee concerns caused by difficult economic times along with new laws, such as the Lilly Ledbetter Fair Pay Act. On the horizon are possibly even more daunting changes to the legal landscape, such as the Employee Free Choice Act (EFCA) – frequently referred to as the card check law. Added to these challenges is the very real possibility that a great many more hospitals and healthcare organizations will have to adopt written affirmative action plans.
Jones Walker • January 28, 2008
Both the Civilian Agency Acquisition Council and Defense Acquisition Regulations
Council have agreed on a final rule amending the Federal Acquisition Regulation to
require a contractor code of business ethics and conduct and to require the display
of federal agency office of inspector general fraud hotline posters. See 72 F.R.
65873 (2007). This new rule takes effect on December 24, 2007.