As we reported this past summer, President Biden signed an Executive Order titled “Promoting Competition in the American Economy.” At the time, President Biden urged the chair of the Federal Trade Commission (the “FTC”) to...more
Following up on two recent federal court decisions enjoining the enforcement of the contractor vaccine mandate, the Office of Management and Budget (“OMB”) has issued guidance, posted on the Safer Federal Workforce Task...more
12/9/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Motion To Enjoin ,
Preliminary Injunctions ,
Vaccinations ,
Workplace Safety
On November 30, 2021, a federal judge issued a preliminary injunction halting enforcement of the federal contractor and subcontractor vaccine mandate requirements issued by the Safer Federal Workforce Task Force in response...more
12/1/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Infectious Diseases ,
Injunctions ,
Non-Delegation Doctrine ,
Scope of Authority ,
Tenth Amendment ,
Vaccinations ,
Workplace Safety
As previously reported, the Biden Administration issued Executive Order 14042 (“the Order”) last month. The Order requires, in part, that the Federal Acquisition Regulatory Council (“the FAR Council”) amend the Federal...more
10/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Mandates ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Model Contract Clauses ,
Public Health Emergency ,
Regulatory Requirements ,
Subcontractors ,
Vaccinations ,
Workplace Safety
On July 21, 2021, the Department of Labor (“DOL”) announced a proposed rule (the “Proposed Rule”) to implement President Biden’s Executive Order (the “Order”) requiring an increase of the minimum wage for certain employees of...more
On April 27, 2021, President Biden issued an Executive Order that will increase the minimum wage for all employees of covered federal contractors and subcontractors to $15.00 per hour, with annual increases beginning in 2023...more
As we previously reported, shortly after taking office, President Biden revoked the controversial Combatting Race and Sex Stereotyping Executive Order (the “Order”) as part of a new Executive Order focusing on “Advancing...more
As predicted, just hours after taking office, President Biden revoked the controversial Combatting Race and Sex Stereotyping Executive Order (the “Order”) issued by his predecessor in September. As previously reported, the...more
As we previously reported, when OFCCP released its latest Corporate Scheduling Announcement List (“CSAL”) in September 2020, it identified contractors selected for the agency’s new reviews focused on promotions and...more
Quick Hit:
On December 22, 2020, a federal judge issued a nationwide preliminary injunction enjoining sections of President Trump’s recent “Combatting Race and Sex Stereotyping” Executive Order (the “Executive Order”) that...more
Quick Hit:
On December 7, 2020, the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) issued its final rule enhancing the religious exemption for federal government contractors already contained...more
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On November 2, 2020, LGBT advocacy groups filed the second challenge to President Trump’s recent Executive Order on “Combatting Race and Sex Stereotyping” (the “Order”). Like the first lawsuit, this lawsuit...more
11/5/2020
/ Bias ,
Diversity ,
Due Process ,
Employee Training ,
Equal Protection ,
Executive Orders ,
Federal Funding ,
Fifth Amendment ,
First Amendment ,
Free Speech ,
LGBTQ ,
OFCCP ,
Sexual Stereotyping ,
Trump Administration
Quick Hit:
On October 29, 2020, civil rights groups filed a lawsuit challenging President Trump’s recent Executive Order on “Combatting Race and Sex Stereotyping” (the “Order”). The Complaint alleges that the Order...more
11/3/2020
/ Bias ,
Department of Labor (DOL) ,
Diversity ,
Due Process ,
Employee Training ,
Equal Protection ,
Executive Orders ,
Federal Contractors ,
Fifth Amendment ,
First Amendment ,
Free Speech ,
Sexual Stereotyping ,
Trump Administration
In this episode of The Proskauer Brief, partners Harris Mufson and Guy Brenner discuss the Trump administration’s recent Executive Order on Combating Race and Sex Stereotyping, which restricts the concepts that government...more
10/22/2020
/ Compliance ,
Diversity ,
Employee Training ,
Executive Orders ,
Federal Contractors ,
Hotlines ,
OFCCP ,
Podcasts ,
Race Discrimination ,
Sexual Stereotyping ,
Suspensions & Debarments ,
Trump Administration
On October 21, 2020 the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) held a stakeholder call regarding the agency’s implementation of Executive Order 13950, “Combatting Race and Sex...more
Quick Hit:
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) has issued guidance on President Trump’s September 22, 2020 “Executive Order on Combatting Race and Sex Stereotyping” (the...more
As we previously reported, on September 22, 2020, President Trump issued his “Executive Order on Combatting Race and Sex Stereotyping” (the “Order”), which seeks, among other things, to prohibit government contractors from...more
Quick Hit:
On September 22, 2020, President Trump issued an “Executive Order on Combatting Race and Sex Stereotyping” (the “Order”). The Order, among other things, requires new contracts entered into with the federal...more
Quick Hit: On August 3, 2020, President Trump issued an “Executive Order on Aligning Federal Contracting and Hiring Practices With the Interests of American Workers” (the “Order”), which requires federal agencies to perform...more
On April 9, 2019, in New York City, OFCCP hosted a town hall focused on the “financial industry and related fields.” Guy Brenner of Proskauer attended what was an enlightening and informative event.
The purpose of the town...more
4/11/2019
/ Affirmative Action ,
Audits ,
Equal Pay ,
Executive Orders ,
Federal Contractors ,
New Guidance ,
OFCCP ,
OMB ,
Opinion Letter ,
Scheduling Letters ,
Town Hall Meetings
On August 10, 2018, OFCCP Acting Director Craig Leen issued Directive 2018-03 (the “Directive”), the purpose of which is to “incorporate recent developments in the law regarding religion-exercising organizations and...more
As previously reported, the Trump Administration’s proposed budget for fiscal year 2018 includes a plan to merge the Office of Federal Contract Compliance Programs (“OFCCP”) into the Equal Employment Opportunity Commission...more
This week (March 27, 2017), President Trump signed into law a Congressional Joint Resolution of Disapproval (the Resolution”), revoking the rules implementing the controversial Fair Pay and Safe Workplaces Executive Order,...more
3/30/2017
/ Blacklist ,
Congressional Review Act ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Executive Orders ,
Fair Pay and Safe Workplaces ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Labor Law Violations ,
Pay Transparency ,
Trump Administration
On January 9, 2017, New York Governor Andrew Cuomo signed an Executive Order that requires state contractors to disclose, in addition to data on gender, race, and ethnicity that is already required, job title and salary data...more
On January 1, 2017, new federal contract paycheck transparency, independent contractor notification, and paid sick leave requirements go into effect. Below we summarize the key elements of these new regulatory requirements....more
12/29/2016
/ Blacklist ,
Executive Orders ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
Independent Contractors ,
New Legislation ,
Notice Requirements ,
Paid Time Off (PTO) ,
Paycheck Transparency ,
Sick Leave ,
Trump Administration ,
Wage and Hour ,
Wage Statements ,
Wages