On October 7, 2020, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) released Frequently Asked Questions under the recent Executive Order 13950 regarding diversity and inclusion programs...more
10/8/2020
/ Bias ,
Civil Rights Act ,
Corporate Counsel ,
Deregulation ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Enforcement Guidance ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Race Relations ,
Regulatory Reform ,
Sexual Stereotyping ,
Title VII ,
Trump Administration
On September 22, 2020, the White House released a new executive order, On Combating Race and Sex Stereotyping. Among other things, the order instructs government contracting agencies to add provisions to government contracts...more
9/24/2020
/ Bias ,
Civil Rights Act ,
Corporate Counsel ,
Deregulation ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Executive Orders ,
Federal Contractors ,
Race Relations ,
Regulatory Reform ,
Title VII ,
Trump Administration
On July 2, 2020, the Office of Federal Contract Compliance Programs (OFCCP) issued a final rule1 amending its regulations to confirm the agency lacks jurisdiction over health care providers whose sole government contract is...more
7/8/2020
/ Affirmative Action ,
Department of Defense (DOD) ,
Department of Labor (DOL) ,
Department of Veterans Affairs ,
Federal Contractors ,
Final Rules ,
Health Care Providers ,
NDAA ,
NPRM ,
OFCCP ,
Public Comment ,
Rehabilitation Act ,
TRICARE
Craig Leen’s performance as OFCCP’s director has generally received high marks from the federal contractor community. Although the agency under Director Leen became much more aggressive with regard to some of its enforcement...more
In an effort to provide additional compliance assistance resources to contractors, the Office of Federal Contract Compliance Programs (OFCCP) issued Directive 2019-03 in late 2018. Under this Directive, OFCCP announced...more
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced on March 27, 2019, that it is lowering the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) hiring benchmark to 5.9...more
On November 30, 2018, the Office of Federal Contract Compliance Programs (OFCCP) issued three new directives that it describes as reinforcing OFCCP’s “commitment to fulfilling its enforcement mission with more accountability...more
Generally, federal contractors must develop a written affirmative action program for every physical location with 50 or more employees....more
Almost two years into the new presidential administration, and with highly consequential and hotly debated mid-term elections around the corner, Littler’s Workforce Policy Institute’s Labor Day Report examines the state of...more
9/4/2018
/ ADEA ,
Affordable Care Act ,
Age Discrimination ,
Association Health Plans ,
Ban the Box ,
Compensation & Benefits ,
Criminal Background Checks ,
DACA ,
Decriminalization of Marijuana ,
Drug Testing ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Foreign Workers ,
Gig Economy ,
H-1B ,
Health Insurance ,
Immigrants ,
Independent Contractors ,
Joint Employers ,
NLRB ,
NLRB General Counsel ,
Pay Equity Laws ,
Persuader Rules ,
Sexual Harassment ,
Sharing Economy ,
Unemployment ,
Wage and Hour
On August 24, 2018, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued three new directives, 2018-05, 2018-06, and 2018-07. While directive 2018-05 has received most of the attention...more
On August 24, 2018, the Office of Federal Contract Compliance Programs (OFCCP) rescinded Directive 307 and its Obama-era procedures for reviewing contractor compensation systems and practices, and replaced it with a new...more
On August 1, 2018, the DOL’s Veterans’ Employment and Training Service (VETS) opened the filing season for the 2018 VETS-4212 report....more
On August 10, 2018, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a new directive, 2018-04, announcing a plan to implement focused reviews of contractors’ compliance with Executive...more
8/15/2018
/ Administrative Review ,
Affirmative Action ,
Cooperative Compliance Regime ,
Disability Discrimination ,
Employment Discrimination ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Regulatory Reform ,
Rehabilitation Act ,
Risk Management ,
Veterans ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
On August 10, 2018, Craig Leen, Acting Director of the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), issued a new directive, 2018-03...more
In his first two speeches after taking over as Acting Director of the Office of Federal Contract Compliance Programs (OFCCP), Craig Leen emphasized a commitment to the rule of law, promised to provide contractors with clear...more
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...more
On April 18, 2018, in another step signaling increased transparency for federal contractors, OFCCP issued a release describing its methodology for selecting and scheduling federal contractors for audit in 2018. ...more
A Promise of Greater Transparency and Consistency -
In recently meeting with the OFCCP’s new leadership, we were pleased to hear that they are committing to increasing transparency and achieving consistency across regional...more
Most businesses entering into contracts in excess of $500,000 with the state of Minnesota are required to obtain an Equal Pay Certificate from the Minnesota Department of Human Rights (MDHR) as a condition of doing business...more
8/10/2017
/ EEO-1 ,
Employer Liability Issues ,
Equal Pay ,
Federal Contractors ,
Gender Discrimination ,
Gender Equity ,
Gender-Based Pay Discrimination ,
Pay Equity Laws ,
Pay Gap ,
Reporting Requirements ,
Wage and Hour
In the cycle of seasons, July is when an employer’s thoughts turn to the filing of its annual EEO-1 reports. Since 1966, employers with 100 or more employees that are subject to Title VII have been required to annually file...more
8/1/2017
/ Corporate Counsel ,
Data Collection ,
EEO-1 ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Federal Contractors ,
Gender-Based Pay Discrimination ,
OFCCP ,
Pay Discrimination ,
Pay Gap ,
Reporting Requirements ,
VETS ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) ,
Wage and Hour
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...more
Federal contractors subject to Section 503 of the Rehabilitation Act of 1973 are required to invite applicants for employment and new hires to identify themselves as individuals with disabilities. Covered contractors are...more
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...more
10/25/2016
/ Arbitration Agreements ,
Blacklist ,
Civil Rights Act ,
Corporate Counsel ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Fair Pay and Safe Workplaces ,
Federal Acquisition Regulations (FAR) ,
Federal Arbitration Act ,
Federal Contractors ,
Independent Contractors ,
Labor Law Violations ,
Pay Transparency ,
Penalties ,
Preliminary Injunctions ,
Reporting Requirements ,
Sexual Assault ,
Sexual Harassment ,
Title VII ,
Wage and Hour
On August 25, 2016, the Federal Acquisition Regulatory (FAR) Council published in the Federal Register its highly anticipated Final Rule regarding the so-called "blacklisting" procedures for federal contractors President...more
9/1/2016
/ ADEA ,
Agricultural Workers ,
Americans with Disabilities Act (ADA) ,
Arbitration ,
Arbitration Awards ,
Blacklist ,
Competitive Bidding ,
Construction Industry ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Fair Pay and Safe Workplaces ,
Family and Medical Leave Act (FMLA) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
General Contractors ,
Labor Law Violations ,
Migrant and Seasonal Agricultural Worker Protection Act (MSPA) ,
Migrant Workers ,
Minimum Wage ,
NLRA ,
OFCCP ,
OSHA ,
Pay Transparency ,
Popular ,
Recordkeeping Requirements ,
Rehabilitation Act ,
Reporting Requirements ,
Seasonal Workers ,
Service Contract Act ,
Subcontractors ,
Title VII ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) ,
Wage and Hour
On August 24, 2016, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration (FAR Council) released the final rule implementing the “Fair Pay and Safe Workplaces” Executive...more
8/25/2016
/ Arbitration ,
Blacklist ,
Department of Defense (DOD) ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Executive Orders ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
Labor Law Violations ,
Mandatory Arbitration Clauses ,
NASA ,
Reporting Requirements ,
Transparency ,
Wage and Hour