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Report Link When Affirmative Action Goes Wrong.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - September 23, 2009 In Humphries v. Pulaski County Special Sch. Dist., decided by the Eighth Circuit Court of Appeals on September 3, 2009, a white public school administrator was repeatedly denied promotion to assistant principal, allegedly because of the school district's affirmative action program and policies that favored promotion of African-American employees. Because the school district was legally compelled to engage in affirmative action efforts as part of a Consent Decree with the EEOC to remedy past discrimination against African Americans, the school district argued that its efforts to implement its court-approved affirmative action program could not be held against it. Report Link An Employment Law Guide for Federal Contractors in the Wake of the American Recovery and Reinvestment Act of 2009.Littler Mendelson, P.C. - August 25, 2009 For current and prospective federal contractors, the American Recovery and Reinvestment Act of 2009, also known as the "Stimulus Package," offers significant economic opportunity amid the current recession. Yet, acceptance of stimulus funds will require significant compliance with employment laws related to federal contracting, especially in light of the government's renewed focus on enforcement and oversight. Thus, this Report is designed to provide employers with a one-of-a-kind comprehensive compliance guide of the various employment laws. Report Link OFCCP Announces New Wave of Audits for Companies Receiving Stimulus Package Funds.Jackson Lewis LLP - July 10, 2009 Jackson Lewis has learned that the Office of Federal Contract Compliance Programs (OFCCP) will schedule compliance reviews of companies that have received funds tied to the American Recovery and Reinvestment Act of 2009 (“ARRA” or “stimulus package”). OFCCP announced that it intends to conduct at least 450 compliance audits on these companies by September 30, 2010. Report Link Has Your Company Benefitted From the Economic Stimulus?Constangy, Brooks & Smith, LLP - July 09, 2009 If your company receives stimulus funds from the U.S. government, you may become a federal contractor, subject to the affirmative action and other compliance requirements of the U.S. Office of Federal Contract Compliance Programs. Report Link Affirmative Action Regulations May Cover Hospitals Servicing Federal Employees Through HMO's.Jackson Lewis LLP - June 19, 2009 The broad reach of the Office of Federal Contract Compliance Programs may extend even further under a recent federal administrative board decision. The U.S. Department of Labor’s Administrative Review Board (ARB) has upheld an administrative law judge’s (ALJ’s) finding that three hospitals receiving payments from a health plan for providing medical services to U.S. government employees are federal subcontractors required to comply with OFCCP requirements. Report Link But I didn't know I was a federal subcontractor!!Constangy, Brooks & Smith, LLP - June 09, 2009 Ignorance of the law is no defense, and lack of knowledge does not protect a company from its affirmative action obligations. In a recent decision that should strike terror in the hearts of employers who think they are not federal subcontractors, the Department of Labor’s Administrative Review Board extended coverage of the affirmative action laws to a group of hospitals that were medical providers approved by an HMO that had a contract to provide medical care to government employees. The hospitals had no idea they were covered subcontractors. Report Link Health Care Update: Could An Affirmative Action Plan Be In Your Future?Fisher & Phillips, LLP - 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. Report Link Race-Based Preference Rule for Defense Contractors Unconstitutional, Appeals Court Decides.Jackson Lewis LLP - November 17, 2008 A law requiring that minority-owned companies receive five percent of defense contracting dollars has been found unconstitutional by a federal appeals court. In Rothe Development v. Dep’t of Defense and Dep’t of the Air Force the United States Circuit Court for the Federal Circuit held that Congress lacked strong enough proof of pervasive racial discrimination when it enacted the contracting law (10 U.S.C. § 2323) (“Contracting Law”) giving preferential status to businesses owned and controlled by “disadvantaged individuals”. Accordingly, it declared the Contracting Law unconstitutional as a violation of equal protection guarantees and halted any further application of this law. Report Link OFCCP Directs Employers on Counting Employees in Setting Affirmative Action Plan Goals.Jackson Lewis LLP - September 12, 2008 The Office of Federal Contract Compliance Programs (“OFCCP”) has updated its existing interim guidance regarding the use of the “new” race/ethnicity categories as part of affirmative action plan preparation. As part of the updated interim guidance, the OFCCP has advised that employers should count employees identifying themselves as “Two or More Races” as minorities in analyzing minority representation as compared to availability (when conducting utilization analyses and setting placement goals). Prior to this guidance, the OFCCP had not provided clear direction to employers about how to classify employees properly who identify themselves as “Two or More Races.” Report Link New Federal Contractor Code of Business Ethics and Conduct (pdf).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. Report Link Are You Covered by Affirmative-Action Requirements?Fredrikson & Byron, P.A. - January 10, 2008 Employers covered by federal, state, city, or county affirmative-action requirements must prepare a written affirmative-action program (AAP) and fulfill other applicable requirements. If a company fails to fulfill the requirements, it could lose a desired government contract. If the government contract already has been entered into, the governmental body could take action against the company to enforce compliance, including assessing fines. Report Link New Ethics Rules for Government Contractors.Jackson Lewis LLP - December 28, 2007 Firms that that do business with the federal government are subject to a variety of rules and regulations. Most notable among them, perhaps, is the Federal Acquisition Regulation (FAR) - codified at Title 48 of the Code of Federal Regulations - containing the uniform policies and procedures for acquisitions by the U.S. Government. Although many agencies supplement the FAR with their own requirements, the FAR represents an effort by Congress to create a uniform framework for contracting with agencies of the Executive Branch. Report Link Employers May Not Use Affirmative Action Goals to Justify Hiring Preferences.Littler Mendelson, P.C. - May 30, 2006 On May 1, 2006, the 8th Circuit issued a decision involving the reverse discrimination claims of several firefighters who were passed over for promotion in favor of minorities who were ranked lower on eligibility lists. Report Link Understanding the OFCCP's New Definition of Internet Applicant -- Power Point Presentation.Jackson Lewis LLP - December 15, 2005 From the December 13th Jackson Lewis Webinar: Understanding the OFCCP's New Definition of Internet Applicant
Report Link AAP Exemption Adopted In Association With Katrina Relief Effort.Ogletree Deakins - September 13, 2005 U.S. DOL Memorandum to all contracting agencies of the federal government. Report Link Are You A Covered Government Contractor? (Part I).Jackson Lewis LLP - November 11, 2004 The cost of doing business with the federal government can increase dramatically if your company finds out too late that it is a federal contractor with affirmative action obligations. Report Link Supreme Court Rulings Stress National Importance of Diversity Goals But Set Limits on Methods.Jackson Lewis LLP - September 18, 2003 On June 23, 2003, the United States Supreme Court ruled in two of the most highly-anticipated cases pending before the Court in years.
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ArticlesFound: 17 ArticlesNO SUBTOPICSEmployment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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