As we previously reported, the deadline for most employers with 100 or more employees (and most federal contractors with 50 or more employees) to file their 2021 EEO-1 reports is May 17, 2022. The portal for filing the...more
5/3/2022
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Filing Deadlines ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Requirements ,
Reporting Requirements ,
Wage and Hour
The Office of Federal Contract Compliance Programs (“OFCCP”) has released its 2022 Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) benchmark. Effective March 31, 2022, the new benchmark is 5.5%, a slight decrease...more
As previously reported, federal government contractors must certify their compliance with the requirement to develop and maintain Affirmative Action Programs (“AAPs”). The certification must be submitted through the newly...more
On March 31, 2022, OFCCP issued Directive 2020-02 titled “Effective Compliance Evaluations and Enforcement” (the “Directive”). The Directive’s stated purpose is to “provide transparency on OFCCP’s compliance evaluation...more
As previously reported, OFCCP has developed a Contractor Portal through which contractors are to certify compliance with their obligation to develop and maintain Affirmative Action Programs (“AAPs”). Contractors may begin...more
On December 10, 2020, OFCCP published its “Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures To Resolve Potential Employment Discrimination” (the “Rule”). The Rule was welcomed by the...more
On March 15, 2022, President Biden issued his Executive Order on Advancing Economy, Efficiency, and Effectiveness in Federal Contracting by Promoting Pay Equity and Transparency (the “Order”).
Among other things, the...more
On March 15, 2022, the OFCCP issued its first directive since President Biden took office. Directive 2022-01 (the “Directive”) addresses contractors’ obligations to analyze their compensation systems and to turn over such...more
The U.S. Department of Agriculture (“USDA”) recently published a proposed rule that would require all federal contractors to certify compliance with 16 applicable labor laws. The certification requires an affirmative...more
As we previously reported, the OFCCP received approval and has launched a “Contractor Portal” which will be used to, among other things, have non-construction contractors annually certify compliance with their affirmative...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 December 7, 2021, a federal judge issued a nationwide preliminary injunction halting enforcement of the federal contractor and subcontractor vaccine mandate requirements issued by the Safer Federal Workforce Task Force in...more
12/8/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Preliminary Injunctions ,
Vaccinations ,
Workplace Safety
On December 7, 2021, a federal judge issued a nationwide preliminary injunction halting enforcement of the federal contractor and subcontractor vaccine mandate requirements issued by the Safer Federal Workforce Task Force in...more
12/7/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Lack of Authority ,
Preliminary Injunctions ,
Vaccinations ,
Workplace Safety
On December 2, 2021, OFCCP announced the launch of its new “Contractor Portal,” which “covered federal contractors and subcontractors (“contractors”) must use … to certify, on an annual basis, whether they have developed and...more
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
Federal government contractors and subcontractors have been dealing with a steady stream of new FAQs and details regarding the COVID-19 safety requirements for federal contractors and subcontractors first announced by...more
11/11/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Deadlines ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Vaccinations ,
Workplace Safety
As a follow up to this week's announcement, OFCCP published its proposal to rescind the “Implementing Legal Requirements Regarding the Equal Employment Opportunity Clause’s Religious Exemption” rule (the “Religious Exemption...more
The Office of Federal Contract Compliance Programs (“OFCCP”) announced yesterday a proposal to rescind the rule titled “Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption,” which has...more
Today, the Biden Administration issued a Fact Sheet related to the new OSHA emergency temporary standard (“ETS”) requiring vaccination or masking for employers with more than 100 employees and the new Centers for Medicare and...more
11/4/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Deadlines ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Health and Safety ,
Infectious Diseases ,
Vaccinations ,
Workplace Safety
Federal government contractors and subcontractors have been scrambling for weeks to try to digest and implement the COVID-19 safety measures issued by the Safer Federal Workforce Task Force (the “Task Force”) in the wake of...more
11/2/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Critical Infrastructure Sectors ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Vaccinations ,
Workplace Safety
The Safer Federal Workforce Task Force (the “Task Force”) has released additional frequently asked questions and answers (“FAQs”) regarding its Guidance for Federal Contractors and Subcontractors on implementing COVID-19...more
10/22/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
New Guidance ,
Reasonable Accommodation ,
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
The Safer Federal Workforce Task Force has released a set of frequently asked questions and answers (“FAQs”) regarding the Guidance for Federal Contractors and Subcontractors (the “Guidance”) it issued last week. ...more
10/1/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
We appear to be on the precipice of a federal government shutdown. Absent a political compromise, the federal government’s funding will run out on September 30, 2021, and the White House has instructed federal agencies to...more
On September 24, 2021, the Safer Federal Workforce Task Force (the “Task Force”) issued Guidance for Federal Contractors and Subcontractors (the “Guidance”), advising covered federal contractors and subcontractors of their...more
9/27/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Exempt-Employees ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Public Health Emergency ,
Regulatory Requirements ,
Vaccinations ,
Workplace Safety