The Ninth Circuit rules that FOIA does not protect data from disclosure. As we previously reported, the Center for Investigative Reporting and its reporter Will Evans are battling the U.S. Department of Labor over its...more
8/1/2025
/ Affirmative Action ,
Appeals ,
Appellate Courts ,
Department of Labor (DOL) ,
Disclosure Requirements ,
EEO-1 ,
Employment Litigation ,
Federal Contractors ,
FOIA ,
OFCCP ,
Regulatory Requirements ,
Reporting Requirements ,
Transparency
They’ve all but shut the door, turned off the lights, and put up the “closed” sign.
On July 2, Secretary of Labor Lori Chavez-DeRemer lifted the pause on investigations and enforcement of Section 503 of the Rehabilitation...more
7/3/2025
/ Affirmative Action ,
Biden Administration ,
Department of Labor (DOL) ,
Enforcement Actions ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Regulatory Reform ,
Regulatory Requirements ,
Rehabilitation Act ,
Section 503 ,
Trump Administration ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
Spoiler: Section 503 takes center stage.
The Office of Federal Contract Compliance Programs dropped three proposed rules on July 1, offering revisions to its existing regulatory scheme.
Key highlights:
• Executive Order...more
7/2/2025
/ Affirmative Action ,
Americans with Disabilities Act (ADA) ,
Department of Labor (DOL) ,
Disability Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Proposed Rules ,
Regulatory Reform ,
Rehabilitation Act ,
Rescission ,
Reverse Discrimination ,
Section 503 ,
Trump Administration ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
DOL proposes to eliminate agency.
The U.S. Department of Labor released its proposed budget for Fiscal Year 2026, which runs from October 1, 2025 through September 30, 2026. The budget proposal is the agency’s request to...more
6/2/2025
/ Affirmative Action ,
Department of Labor (DOL) ,
Enforcement ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Government Agencies ,
OFCCP ,
Proposed Legislation ,
Regulatory Authority ,
Regulatory Reform ,
Regulatory Requirements
OFCCP has had three heads in the first three months of 2025. Catherine Eschbach, a lawyer formerly with Morgan, Lewis & Bockius LLP, is the newly appointed Director of the Office of Federal Contract Compliance Programs. In...more
A new complication for wage and hour compliance. In a new Executive Order entitled, “Additional Rescissions of Harmful Executive Orders and Actions,” President Trump rescinded 18 Executive Orders, including Executive Order...more
Did you hear that? It was the other shoe dropping. Approximately one month after President Trump rescinded Executive Order 11246, the Office of Federal Contract Compliance Programs is preparing to reduce its staff by 90...more
And other changes are afoot.
Michael Schloss has been named Acting Director and Deputy Director of Policy of the Office of Federal Contract Compliance Programs. Mr. Schloss previously served as Director of the Office of...more
2/3/2025
/ Compliance ,
Department of Labor (DOL) ,
EBSA ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employment Discrimination ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Trump Administration ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
DOL’s first step in the dismantling of EO 11246.
As we previously reported, President Trump has rescinded Executive Order 11246, which required federal contractors to comply with a vast regulatory scheme relating to...more
1/27/2025
/ Affirmative Action ,
Anti-Discrimination Policies ,
Compliance ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Employment Litigation ,
Enforcement ,
Enforcement Actions ,
Executive Orders ,
Federal Contractors ,
Labor Regulations ,
OFCCP ,
Rehabilitation Act ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
President Lyndon B. Johnson signed Executive Order 11246 in 1965. Since then, organizations doing business with the federal government had to affirmatively recruit women and minorities for employment and ensure employment...more
1/23/2025
/ Affirmative Action ,
Anti-Discrimination Policies ,
Civil Rights Act ,
Department of Labor (DOL) ,
Diversity ,
Donald Trump ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
OMB ,
Popular ,
Rescission ,
Title VII ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
As we welcome 2025, here are 10 must-read Constangy bulletins and blog posts from 2024, highlighting insights that guided our readers through important legal developments, workplace issues, and the challenges in cybersecurity...more
1/9/2025
/ Anti-Retaliation Provisions ,
Bias ,
Breach Notification Rule ,
Chief Information Security Officer (CISO) ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Department of Labor (DOL) ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Federal Trade Commission (FTC) ,
Gramm-Leach-Blilely Act ,
Green Cards ,
Immigration Procedures ,
Minimum Salary ,
NFL ,
NLRB ,
O-1 Aliens of Extraordinary Ability ,
Race Discrimination ,
Racial Bias ,
Retaliation ,
Securities and Exchange Commission (SEC) ,
SolarWinds ,
Trump Administration ,
Wage and Hour ,
White-Collar Exemptions
The future of DOL’s administrative law judges is now murky.
When the Office of Federal Contract Compliance Program believes that a contractor has violated affirmative action obligations, its tried-and-true practice for...more
11/25/2024
/ Administrative Law Judge (ALJ) ,
Affirmative Action ,
Constitutional Challenges ,
Department of Labor (DOL) ,
Diversity and Inclusion Standards (D&I) ,
Federal Contractors ,
OFCCP ,
Preliminary Injunctions ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Unconstitutional Condition ,
Wage and Hour
Another chapter has unfolded in the ongoing saga relating to the unprecedented and massive FOIA request for all federal contractors’ EEO-1 Reports. As we previously reported, Will Evans, a reporter with The Center for...more
Some relatively good news from the OFCCP.
The Office of Federal Contract Compliance Programs revised its Directive around contractors’ evaluations of their compensation systems. Directive 2022-01, formerly titled “Pay...more
The new floor is $15 an hour.
The Wage and Hour Division of the U.S. Department of Labor published its final rule implementing regulations under Executive Order 14026 (Increasing the Minimum Wage for Federal...more
Vaccine mandate for many contractors is now imminent.
As ordered by President Joe Biden, the Safer Federal Workforce Task Force issued guidance today for federal contractors regarding COVID-19 prevention. Given the...more
9/27/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Documentation ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Joe Biden ,
Masks ,
Medical Records ,
OMB ,
OSHA ,
Service Contract Act ,
Social Distancing ,
Vaccinations
Preliminary injunction stalls bias training order.
A federal judge in California has imposed a nationwide injunction prohibiting enforcement of portions of Executive Order 13950. The court’s Order grants a preliminary...more
12/28/2020
/ Civil Rights Act ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Diversity ,
Executive Orders ,
Federal Contractors ,
Free Speech ,
LGBTQ ,
OFCCP ,
Preliminary Injunctions ,
Trial Court Orders ,
Trump Administration
The U.S. Department of Labor recently rolled out www.worker.gov, an online tool designed to help employees file various types of complaints against their employers. The White House announced that the website will assist...more
On the eve of the effective date, a federal judge granted a nationwide preliminary injunction, stopping implementation of the majority of the Fair Pay & Safe Workplaces Rule. As my colleague Jon Yarbrough recently reported,...more
On Friday, the U.S. Department of Labor published its Final Rule to implement Executive Order 13706, Establishing Paid Sick Leave for Federal Contractors. President Obama issued the Executive Order on Labor Day 2015, and the...more
The U.S. Department of Labor announced on September 29, 2016 its Final Rule implementing Executive Order 13706, Establishing Paid Sick Leave for Federal Contractors. We are reviewing the Final Rule and will publish an...more
Despite a litany of reasons to delay implementation of the Fair Pay and Safe Workplaces Executive Order, the Federal Acquisition Regulatory Council and the U.S. Department of Labor have, respectively, issued their Final Rule...more
8/31/2016
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Fair Pay and Safe Workplaces ,
Family and Medical Leave Act (FMLA) ,
Federal Acquisition Regulations (FAR) ,
Labor Law Violations ,
OSHA ,
Subcontractors ,
Title VII ,
Wage and Hour
Today the Federal Acquisition Regulatory Council published its Final Rule and the U.S. Department of Labor issued its Final Guidance to implement President Obama’s Fair Pay and Safe Workplaces Executive Order. The new...more
President Obama's Executive Order requiring certain federal contractors and subcontractors to pay an increased hourly minimum wage includes a mandate that the Secretary of Labor determine increases to the wage rate on an...more
On Labor Day, President Obama signed another Executive Order aimed at federal contractors. This time, certain federal contractors will be required to provide up to seven days of paid sick leave annually to their employees....more