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Low Wage and Employee Classification Limits on Non-Compete Agreements - Update

Over the past few years, states across the country have sought to limit or reduce the use of employee non-compete agreements. While some have imposed outright bans on such agreements, many more have passed laws that narrow...more

OFCCP Announces New Round of Contractors Selected for Audit — Was Your Company Selected?

On January 20, 2023, OFCCP announced the release of the first Corporate Scheduling Announcement List (CSAL) of FY23. The list consists of 500 locations selected for a Compliance Review (Establishment Review), Corporate...more

Fifth Circuit Affirms Injunction Preventing Enforcement of Contractor Vaccine Mandate Against Louisiana, Indiana, and Mississippi

On December 19, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed a preliminary injunction halting enforcement of the federal contractor and subcontractor vaccine mandate requirements issued in response to...more

OFCCP Hosts Webinar Discussing Changes to FAAP Directive

On November 17, 2022, OFCCP hosted a webinar discussing the changes it made to Directive 2013-01 earlier this year through Revision 3 (the “Directive”). The Directive sets forth the agency’s policies and procedures for...more

OFCCP Proposes Changes To Scheduling Letter and Itemized Listing

On November 21, 2022, OFCCP published notice in the Federal Register that it is seeking reauthorization of a revised Compliance Review Scheduling Letter (“Scheduling Letter”) and Itemized Listing. These documents are issued...more

OFCCP Adopts Updated “Know Your Rights” Poster for Contractors

As our colleagues previously reported, on October 19, 2022, the EEOC updated its “Know Your Rights” poster for employers. On October 28, 2022, the Office of Federal Contractor Compliance Programs (“OFCCP”) notified...more

Task Force and OMB Issue New Guidance on Federal Contractor Vaccine Mandate

As federal contractors are aware, 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...more

D.C.’s New Restrictive Non-Compete Law Goes Into Effect October 1, 2022

This past July, the Council of the District of Columbia amended its statutory requirements for Universal Paid Leave through the Universal Paid Leave Emergency Amendment Act of 2022 (the “Act”). The amendments made to the D.C....more

Washington, D.C. to Expand Antidiscrimination Protections to Include Independent Contractors and Homeless Individuals

Effective October 1, 2022, an amendment to the District of Columbia’s Human Rights Act (“the Act”) will expand the universe of workers protected under the Act, as well as codify workplace harassment as an unlawful...more

OFCCP Extends Deadline For Contractors To Object To Release of EEO-1s - Update

As previously reported, OFCCP has received a FOIA request seeking federal contractors’ and subcontractors’ EEO-1 reports from 2006-2020. On August 19, 2022, OFCCP published a notice informing contractors and subcontractors...more

9/16/2022  /  Contractors , EEO-1 , FOIA , OFCCP

D.C. Paid Leave Law Changes Go Into Effect October 1, 2022

This past July, the Council of the District of Columbia amended its statutory requirements for Universal Paid Leave through the Universal Paid Leave Emergency Amendment Act of 2022 (the “Act”). The amendments made to the D.C....more

Eleventh Circuit Narrows Nationwide Injunction On President Biden’s Contractor Vaccine Mandate

On August 26, the Eleventh Circuit issued its long-awaited decision in State of Georgia, et al v. President of the United States, et al, Case No. 21-14269. The Eleventh Circuit upheld, but narrowed, an existing nationwide...more

OFCCP Warns Contractors That Have Not Certified AAP Compliance To Do So By September 1, 2022

Earlier this year, OFCCP launched its “Contractor Portal,” which “[c]overed federal contractors and subcontractors (“contractors”) must use … to certify, on an annual basis, whether they have developed and maintained an...more

OFCCP Launches Construction Contract Award Portal

OFCCP has launched its new online portal: the Notification of Construction Contract Award Portal (NCAP). NCAP is expected to modernize how OFCCP receives required notices about construction contract and subcontract awards by...more

8/29/2022  /  Contractors , OFCCP , Subcontracts

OFCCP Revises Its Pay Equity Directive

As we previously reported, in March of this year, OFCCP issued its first directive of the Biden Administration – Directive 2022-01 (the “Directive”) – which addressed the issue of contractors’ obligations to conduct analyses...more

OFCCP Informs Contractors of Broad FOIA Request For EEO-1 Reports and Provides Opportunity to Object

OFCCP published a notice on August 19, 2022, notifying federal contractors of a request by the Center for Investigative Reporting made pursuant to the Freedom of Information Act (“FOIA”) requesting the disclosure of federal...more

8/19/2022  /  Contractors , EEO-1 , FOIA , Objections , OFCCP

D.C. Council Passes Law Significantly Scaling Back Non-Compete Ban

On July 12, 2022, the District of Columbia Council voted to modify key aspects of the Ban on Non-Compete Agreements Amendment Act (“the Act”), passing the Non-Compete Clarification Amendment Act of 2022 (“the Amendment”). As...more

EEOC Issues New Workplace Guidance Regarding COVID-19 Testing

On July 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) – the agency which investigates and enforces federal antidiscrimination laws in the workplace – updated its guidance across several different areas...more

Attention Contractors: The AAP Certification Deadline is Almost Here

As previously reported, the OFCCP has established a Contractor Portal where federal government contractors can register and certify they have developed and maintained affirmative action programs at each of their...more

Washington, D.C. Bill Would Limit Employers’ Ability to Discipline Based on Marijuana Testing

On June 7, 2022, the Council of the District of Columbia passed the Cannabis Employment Protections Act of 2022 (the “Bill”). If signed into law by D.C. Mayor Muriel Bowser, the Bill would prohibit employers, with certain...more

OFCCP Announces Option to Bulk Upload for Large Federal Contractors

As previously reported, OFCCP recently launched its Contractor Portal, which requires certain federal government contractors to register and certify their compliance with the requirement to develop and maintain Affirmative...more

OFCCP Announces Companies Selected for Audits – Was Your Company Selected?

On May 20, 2022, OFCCP announced it posted its first Corporate Scheduling Announcement List (CSAL) of FY22. The list consists of 400 locations selected for a Compliance Review (Establishment Review), Corporate Management...more

Reminder: EEO-1 Filing Deadline Is Fast Approaching With (Sort Of) No Extensions Coming

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

Paid Family and Medical Leave Is Coming to Maryland

On April 9, 2022, the Maryland state legislature overrode Governor Hogan’s veto of Senate Bill 275, also known as the Time to Care Act of 2022 (the “Act”). With the enactment of the law, Maryland becomes the latest state to...more

OFCCP Releases 2022 VEVRAA Hiring Benchmark

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

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