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.
Articles Discussing Affirmative Action
ALJ Rules that OFCCP Exceeded its Authority in Demanding Certain Employee Compensation Data from Google
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.
Labor Secretary Nominee Faces Committee Vote
The Senate Committee on Health, Education, Labor and Pensions (HELP) will vote on whether to confirm R. Alexander Acosta as Labor Secretary on March 30, 2017.
New Acting Solicitor of Labor Department Signals Emphasis on ‘Humility’
In some of his first public comments since taking office, Department of Labor Acting Solicitor Nicholas Geale has signaled a shift in policies, telling attendees at a Georgetown University Law Center event that his department will “listen to the regulated community a little more” from a position of a “little bit more humility.”
President Signs Resolution to Undo “Blacklisting” Rule
On March 27, 2017, President Trump signed a joint resolution of disapproval (H.J. Res. 37) to block the rule implementing Executive Order 13,673, Fair Pay and Safe Workplaces, otherwise known as the “blacklisting” rule. The resolution narrowly cleared the Senate on March 6 in a 49-48 vote, a month after the House similarly approved its passage. The order and its implementing regulations would have required federal contractors to disclose adverse findings and decisions related to their compliance with federal and state labor and employment laws, and empowered federal agencies to deny contracts to employers deemed to lack a satisfactory record of integrity and business ethics based on such disclosures. The order also included pay disclosure requirements and a prohibition on pre-dispute arbitration agreements.
Audit Letters Are In The Mail
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.
Senate HELP Committee Holds Confirmation Hearing for Nominee Acosta to Head Labor Department
The Senate Health, Labor and Pensions (HELP) Committee on March 22, 2017, held confirmation hearings on the nomination of R. Alexander Acosta, President Donald Trump’s pick for Secretary of Labor.
DOL Announces Temporary Enforcement Policy and Proposes to Extend Application of Rules Under Best Interest Contract Exemption by 60 Days
In response to a February 3, 2017 memorandum by the President to the Secretary of Labor, on March 2, 2017, the DOL proposed to extend for 60 days the applicability date for final rules on the Best Interest Contract Exemption (the “BIC Exemption”), the Principal Transactions Exemption, certain other prohibited transaction exemptions, and the definition of who is a “fiduciary” under ERISA and the Internal Revenue Code.
Confirmation Hearing Set for Secretary of Labor Nominee
The confirmation hearing for President Trump’s second Secretary of Labor nominee, Alex Acosta, has been set for March 15.
New Privacy Training Requirement for Certain Federal Government Contractor Employees
Federal government contractors are now required to provide annual privacy training for employees who (1) have access to a system of records,1 (2) handle personally identifiable information (PII),2 or (3) design, develop, maintain or operate a system of records (“covered employees”). Effective January 19, 2017, the Federal Acquisition Regulatory Council adopted this new rule, adding Subpart 24.3 (Privacy Training) to the Federal Acquisition Regulation (FAR) and a new standard contract clause (FAR 52.224-3) implementing the new requirements. The rule requires that covered employees are trained on compliance requirements pertaining to handling and safeguarding PII.
OFCCP Revises Pay Transparency Nondiscrimination Provision
Pursuant to President Obama’s pay transparency executive order (Executive Order 13665), which amended Executive Order 11246, federal contractors must incorporate the OFCCP-prescribed Pay Transparency Nondiscrimination Provision (PTNP) in employee handbooks (or implement a stand-alone policy) and post it for applicants and employees.
Update: Additional information on CSALs
As a follow up to our post yesterday, there is additional information available regarding OFCCP’s recent mailing out of courtesy scheduling announcement letters.
BREAKING NEWS: Advance OFCCP Audit Notification Letters Sent Out
It has come to our attention that OFCCP has sent out Courtesy Scheduling Announcement Letters providing contractors with advance notice of upcoming OFCCP audits. Signed by interim Director Tom Dowd, dated February 17, 2017 and addressed generically to Human Resources Director, the letters provide warning that the establishment listed has been selected for an impending OFCCP compliance review.
DOL Nominee’s Confirmation Hearing To Take Place Next Week
The confirmation hearing for Secretary of Labor-nominee Andrew Puzder before the Senate Health, Education, Labor and Pensions (HELP) committee will take place on February 16, according to Politico.
OFCCP – Here to Stay or Not? Signs Indicate OFCCP Will Survive
With the transition to a new presidential administration well under way, everyone is looking for signs to help predict the future. Given President Trump’s sweeping executive action, including entering an Executive Order requiring the identification of two regulations to be eliminated for every new regulation proposed, the question of whether the make-up of the federal agencies as we know it will survive a new administration and cabinet.