Quick Hit: In a court filing, the EEOC announced that “that it is able to undertake and close the collection of 2018 EEO-1 Component 2 [pay] data by September 30, 2019.” To do so, EEOC would have to engage a third-party...more
According to published reports, the federal judge who ordered the EEOC to reinstitute the stayed compensation portion of the EEO-1 report (referred to as “Component-2 data”) has given the EEOC until April 3 to provide...more
As we previously reported, a federal judge has lifted the stay issued by the Office of Management and Budget (“OMB”) that halted implementation of the EEOC’s revised EEO-1 form that would have added compensation data to the...more
3/20/2019
/ Class Member Compensation ,
Data Collection ,
EEO-1 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
National Origin Discrimination ,
OMB ,
Order to Lift Stay ,
Race Discrimination ,
Reporting Requirements ,
Sex Discrimination
Quick Hit: A federal judge has issued an order lifting the stay issued by the Office of Management and Budget (“OMB”) that halted implementation of the EEOC’s revised EEO-1 form that would have added compensation data to the...more
3/6/2019
/ Administrative Stay ,
Appeals ,
EEO-1 ,
Employer Liability Issues ,
Federal Contractors ,
Obama Administration ,
OMB ,
Order to Lift Stay ,
Pay Data ,
Reporting Requirements ,
Trump Administration
Quick Hit: OFCCP is inviting contractor stakeholders, and their legal counsel, to submit “Burning Question[s]” to its Help Desk that the agency can answer in forthcoming Opinion Letters.
Key Takeaways: OFCCP’s invitation is...more
Quick Hit: The Office of Federal Contractor Compliance Programs (“OFCCP”) is seeking to establish two new contractor recognition programs, which would promote contractors with sound compliance programs and provide temporary...more
12/4/2018
/ Affirmative Action ,
Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Disability ,
Disability Discrimination ,
EEO ,
Employer Liability Issues ,
Federal Contractors ,
OFCCP ,
Title VII ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
The Office of Federal Contractor Compliance Programs (“OFCCP”) is seeking approval to change its Functional Affirmative Action Program (“FAAP”) requirements. The proposed directive, for which comments are due by November 13,...more
At his closing remarks at the National Industry Liaison Group’s 2018 annual conference, Acting OFCCP Director Craig Leen announced that the OFCCP is working on a contractor certification program. Although light on details,...more
On August 2, 2018, during an impassioned speech at the National Industry Liaison Group’s annual conference in Anaheim, California, OFCCP Acting Director Craig Leen announced that the agency will bring back “focused reviews”...more
Earlier this week, the Office of Federal Contract Compliance Programs (“OFCCP”) announced that it entered into a conciliation agreement with Humana Inc. (“Humana”) to resolve allegations that Humana paid hundreds of women at...more
Once again, a government shutdown seems inevitable. During previous government shutdowns, government agencies and departments issued stop-work orders, grinding work on government projects and contracts to a halt. Contractors...more
The Austin, Texas location of LandCare USA, LLC (the “Company”), a company providing landscaping services, recently entered into a conciliation agreement with the Office of Federal Contractor Compliance Programs (“OFCCP”) to...more
Key Points:
The OMB has stayed the implementation of the new EEO-1 Form, which added compensation and hours worked components to the annual EEO-1 submission.....more
8/30/2017
/ Delays ,
EEO-1 ,
Employer Liability Issues ,
OFCCP ,
OIRA ,
OMB ,
Pay Data ,
Pay Equity Laws ,
Payroll Records ,
Regulatory Burden ,
Trump Administration
On April 7, 2017, the D.C. Fair Credit in Employment Amendment Act of 2016 (the “Act”) (L21-0256) took effect as Congress’s review period expired. As we have previously reported, the Act amends the D.C. Human Rights Act to...more
Maryland’s Equal Pay for Equal Work Act (the “Act”) is scheduled to take effect on October 1, 2016. The Act amends Maryland’s existing Equal Pay law, expanding its protections against wage discrimination on the basis of sex...more
9/22/2016
/ Anti-Steering Rules ,
Corporate Counsel ,
Employer Liability Issues ,
Equal Pay ,
Exceptions ,
Gender Identity ,
Gender-Based Pay Discrimination ,
Pay Transparency ,
Posting Requirements ,
Private Right of Action ,
Remedies ,
Wage and Hour
On September 13, 2016, Oklahoma became the 35th state to enter into a partnership with the U.S. Department of Labor (U.S. DOL) to share information and conduct joint investigations regarding independent contractor...more
Just last month we reported that Pennsylvania had entered into a memorandum of understanding (“MOU”) with the U.S. Department of Labor (“U.S. DOL”), agreeing to share information and conduct joint investigations regarding...more
Arizona’s “Declaration of Independent Business Status” law went into effect earlier this month. The new law, which appears to be the first of its kind, aims to provide independent contractors and the businesses that engage...more
The U.S. Department of Labor (“U.S. DOL”) and the Pennsylvania Department of Labor and Industry recently signed a memorandum of understanding to share information and conduct joint investigations regarding independent...more
Today, July 1, the statewide minimum wage in Maryland increased from $8.25 per hour to $8.75 per hour. This represents a regularly-scheduled increase as part of the Maryland Minimum Wage Act of 2014 (the “Act”), which will...more
Earlier this year, we reported that the Office of Federal Contract Compliance Programs (“OFCCP”) issued a proposed rule to revise and replace the sex discrimination guidance it issued in 1970 and clarify federal contractors’...more
11/2/2015
/ Employee Rights ,
Employer Liability Issues ,
Equal Opportunities ,
Equal Pay ,
Family Status Discrimination ,
Federal Contractors ,
Final Rules ,
Gender Discrimination ,
Gender Identity ,
Gender-Based Pay Discrimination ,
OFCCP ,
OMB ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Sex Discrimination ,
Sexual Harassment
Yesterday (October 6, 2015), 7 of the 13 members of the Council of the District of Columbia introduced the Universal Paid Leave Act of 2015 (the “Act”). If passed, the Act would significantly impact employers and workers in...more
10/7/2015
/ City Councils ,
Employee Rights ,
Employer Liability Issues ,
Local Ordinance ,
Medical Leave ,
Paid Leave ,
Paid Time Off (PTO) ,
Parental Leave ,
Pending Legislation ,
Sick Leave ,
Wage and Hour
On September 7, 2015, the President issued the Establishing Paid Sick Leave for Federal Contractors Executive Order (the “Order”) requiring federal contractors to provide up to 56 hours (7 days) of paid sick leave per year to...more
9/9/2015
/ Accrual Requirements ,
Anti-Retaliation Provisions ,
Barack Obama ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Employee Rights ,
Employer Liability Issues ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Medical Certification Requests ,
Paid Leave ,
Service Contract Act ,
Sick Leave ,
Subcontractors
The U.S. Department of Labor (“U.S. DOL”) and the Alaska Department of Labor and Workforce Development recently signed a memorandum of understanding to share information and conduct joint investigations regarding independent...more
As forecast in our June 12, 2015 blog post David Weil, Administrator of the Department of Labor’s Wage and Hour Division (WHD) has released Administrator’s Interpretation (AI) No. 2015-1, entitled “The Application of the Fair...more
7/17/2015
/ Administrative Interpretation ,
Administrative Procedure Act ,
Classification ,
Department of Labor (DOL) ,
Economic Realities Test ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Independent Contractors ,
Interpretive Rule ,
Misclassification ,
Perez v Mortage Bankers Assoc ,
SCOTUS ,
Wage and Hour