On December 22, 2020, the U.S. District Court for the Northern District of California issued a nationwide preliminary injunction banning the enforcement of Executive Order 13950, which seeks to prohibit purported...more
12/24/2020
/ Bias ,
Deregulation ,
Diversity and Inclusion Standards (D&I) ,
Due Process ,
Employee Training ,
Federal Contractors ,
First Amendment ,
Free Speech ,
LGBTQ ,
Preliminary Injunctions ,
Sexual Stereotyping ,
Trump Administration
On November 23, 2020, the California Department of Fair Employment and Housing issued additional guidance for employers regarding their requirement to file employee compensation data with the state beginning in March of next...more
11/30/2020
/ Corporate Counsel ,
Data Collection ,
DFEH ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Labor Reform ,
Labor Regulations ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Requirements ,
Reporting Requirements ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
For years, many federal contractors have criticized the Office of Federal Contract Compliance Programs (OFCCP) for misusing statistical methods to support allegations of discrimination against federal contractors and for...more
Although the 2020 presidential election is technically behind us, razor-thin and contested elections for the presidency and Congress remain, potentially drawing out the uncertainty through the new year. As of the date of...more
11/9/2020
/ Equal Pay ,
Federal Labor Laws ,
Independent Contractors ,
Joe Biden ,
Joint Employers ,
Labor Reform ,
Labor Regulations ,
LGBTQ ,
Regulatory Agenda ,
Trump Administration ,
Wage and Hour
On November 2, 2020, the California Department of Fair Employment and Housing (DFEH) released Frequently Asked Questions providing limited guidance to employers as to how to comply with their obligations for filing employee...more
On October 21, 2020, the Office of Federal Contract Compliance released a Request for Information (RFI) relating to federal contractor and subcontractor training, and the recently issued Executive Order 13950. That order,...more
10/22/2020
/ Bias ,
Civil Rights Act ,
Deregulation ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Executive Orders ,
Federal Contractors ,
OFCCP ,
Race Relations ,
Regulatory Reform ,
Request For Information ,
Sexual Stereotyping ,
Title VII ,
Trump Administration
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
On May 7, 2020, the U.S Equal Employment Opportunity Commission (EEOC) announced that it will not collect Form EEO-1 workplace demographic data for calendar year 2019 this year....more
5/11/2020
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Requirements ,
Reporting Requirements ,
Wage and Hour
On February 10, 2020, the U.S. District Court for the District of Columbia approved the Equal Employment Opportunity Commission (EEOC)’s request to deem its retrospective collection of compensation data (the so-called...more
2/12/2020
/ Corporate Counsel ,
Data Collection ,
Deregulation ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Labor Reform ,
Labor Regulations ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Oversight ,
Regulatory Reform ,
Regulatory Requirements ,
Reporting Requirements ,
Wage and Hour
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
On September 11, 2019, the Equal Employment Opportunity Commission (EEOC) announced that it would not seek approval from the Office of Management and Budget (OMB) to collect detailed employee compensation data on its Form...more
9/11/2019
/ Corporate Counsel ,
Data Collection ,
Deregulation ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
OMB ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Oversight ,
Reporting Requirements ,
Wage and Hour
Labor Day became an official federal holiday in 1894. Although the world of employment has obviously changed significantly over the last 125 years, the pace of workplace transformation seems to have accelerated in the past...more
9/3/2019
/ #MeToo ,
Affordable Care Act ,
Ban the Box ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Health Insurance ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Independent Contractors ,
Joint Employers ,
Labor Regulations ,
Labor Shortage ,
LGBTQ ,
Marijuana ,
Misclassification ,
OFCCP ,
Pay Equity Laws ,
Rate of Pay ,
Right to Work ,
Salary/Wage History ,
Sexual Harassment ,
Silica ,
Transgender ,
Unemployment ,
USCIS ,
Visas ,
Wage and Hour ,
Workplace Safety
The Equal Employment Opportunity Commission (EEOC) recently released guidance in an FAQ to employers as to how they should report non-binary employees on Form EEO-1....more
8/16/2019
/ Binary Options ,
Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender Expression ,
Gender Identity ,
Gender Neutral ,
Gender-Based Pay Discrimination ,
New Guidance ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Oversight ,
Regulatory Requirements ,
Reporting Requirements ,
Wage and Hour
Public discourse on “healthcare” has focused primarily on health insurance and the significant changes made by the Affordable Care Act. But what about the providers of healthcare—the doctors, nurses, hospitals, pharmaceutical...more
7/12/2019
/ #MeToo ,
Antitrust Provisions ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
False Claims Act (FCA) ,
Healthcare Workers ,
Hiring & Firing ,
Home Health Care ,
Labor Regulations ,
Labor Relations ,
NLRA ,
NLRB ,
Over-Time ,
Rest and Meal Break ,
Section 7 ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Unions ,
Wage and Hour ,
WARN Act ,
Whistleblowers ,
White-Collar Exemptions ,
Workplace Safety
Now that the 2018 EEO-1 Component 1 filing deadline has passed, employers have been anxiously awaiting additional information on the requirements for filing 2017 and 2018 Component 2 compensation data due September 30, 2019....more
7/3/2019
/ Compensation & Benefits ,
Corporate Counsel ,
Data Collection ,
EEO-1 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Requirements ,
Reporting Requirements ,
Wage and Hour
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
On April 25, 2019, the U.S. District Court for the District of Columbia ordered the U.S. Equal Employment Opportunity Commission (EEOC) to collect detailed data on employee compensation and hours worked from covered employers...more
4/26/2019
/ Civil Rights Act ,
Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Oversight ,
Regulatory Requirements ,
Reporting Requirements ,
Rulemaking Process ,
Title VII ,
Wage and Hour
In an April 3, 2019 filing in the federal district court that had ordered reinstatement of EEO-1 pay data reporting requirements, the Equal Employment Opportunity Commission (EEOC) explained its inability to comply with the...more
4/4/2019
/ Corporate Counsel ,
Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Reporting Requirements ,
Wage and Hour
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