A federal district court has entered a nationwide preliminary injunction stopping the administration from enforcing Executive Order (EO) 13950 - Combating Race and Sex Stereotyping. Santa Cruz Lesbian and Gay Cmty. Ctr., et...more
Colorado’s Equal Pay for Equal Work Act goes into effect on January 1, 2021, and applies to all entities with at least one employee in Colorado, including public bodies, schools, and private individuals. Beginning January,...more
As anticipated, the Colorado Department of Labor and Employment (CDLE) issued an Interpretive & Formal Opinion (INFO) – “Transparency in Pay and Opportunities for Promotion and Advancement”. While the INFO is helpful in some...more
OFCCP issued today the last of a series of Directives aimed at defining the Agency’s enforcement relationship with federal contractors – this Directive 2021-02 focuses on providing federal contractors “Certainty” when...more
We have learned that the Colorado Department of Labor & Employment anticipates publishing next week additional guidance on the Equal Pay Transparency rules’ promotional posting requirements. In response to a request for...more
Rounding out the Agency’s efforts to beef up its Technical Assistance Guides (TAGs) for different types of federal contractors, OFCCP recently published a “Small Contractor” TAG. TAGs can be helpful resources for both new and...more
As anticipated, on December 7, 2020, OFCCP published on its Website a lengthy final rule clarifying the religious exemption found at Section 204(3) of Executive Order (EO) 11246 and codified at 41 C.F.R. 60-1.5(a)(5) (the...more
12/8/2020
/ Bostock v Clayton County Georgia ,
Burwell v Hobby Lobby ,
Corporate Counsel ,
Equal Employment Opportunity Commission (EEOC) ,
Espinoza v Montana Department of Revenue ,
Federal Contractors ,
Final Rules ,
Little Sisters of the Poor Saints Peter and Paul Home v Pennsylvania ,
Masterpiece Cakeshop ,
OFCCP ,
Our Lady of Guadalupe School v Morrissey-Berru ,
Religious Discrimination ,
Religious Exemption ,
Subcontractors ,
Trinity Lutheran Church of Columbia Inc. v Comer ,
Wage and Hour
The Department of Defense has published a Memo and provided the Clause which its contracting agencies are now required to include in new contracts after the November 21, 2020 effective date of Executive Order 13950 –...more
The Colorado Department of Labor and Employment (CDLE) issued its final Equal Pay Transparency Rules (EPT Rules) on November 10, 2020, with additional information on job and promotional postings. The EPT Rules go into effect...more
11/13/2020
/ Colorado ,
Compensation ,
Employee Benefits ,
Equal Pay ,
Final Rules ,
Job Promotions ,
Pay Transparency ,
Posting Requirements ,
Remote Working ,
State Labor Laws ,
Temporary Employees ,
Wage and Hour
As anticipated, the Colorado Department of Labor and Employment has released final administrative rules implementing the new Colorado Equal Pay for Equal Work Act. The final rules reflect comments received in writing and...more
As we previewed last week, OFCCP’s rule codifying procedures for resolving allegations of potential discrimination through the use of a Pre-Determination Notice (PDN) or Notice of Violation (NOV) has been officially published...more
As President-elect Joe Biden selects members of his Cabinet and prepares for his transition into the presidency, he and a Democratic majority in the House of Representatives may pursue a number of significant pieces of...more
11/10/2020
/ Affordable Care Act ,
Arbitration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Immigration ,
Joe Biden ,
NLRB ,
Sexual Stereotyping ,
STEM
OFCCP has published a final rule formally codifying two notices used by the Agency to resolve potential findings of discrimination: the Predetermination Notice (PDN) and the Notice of Violation. The Rule is the final version...more
As we noted in our August 2019 post, one of OFCCP Director Craig Leen’s priorities has been to update the Agency’s website with assistance materials for contractors – including Technical Assistance Guides (TAGs). OFCCP...more
On November 2, 2020, the Colorado Department of Labor and Employments’ Division of Labor Standards and Statistics held a public hearing to solicit comments about Colorado’s proposed Equal Pay Transparency Rules. The proposed...more
Public support for like Black Lives Matter and the #MeToo movement has risen to prominence in recent months. But many advocates say more can and needs to be done. They are calling for action — in the form of pay equity for...more
Public support for like Black Lives Matter and the #MeToo movement has risen to prominence in recent months. But many advocates say more can and needs to be done. They are calling for action — in the form of pay equity for...more
As directed in the recent controversial Executive Order (EO) 13950– Combatting Race and Gender Stereotyping, OFCCP is publishing in the Federal Register a request for information (RFI) seeking to collect information regarding...more
The Colorado Department of Labor and Employment (DLE) has published proposed “Equal Pay Transparency Rules” (EPT Rules), providing details on new affirmative obligations under the state’s Equal Pay for Equal Work Act going...more
As promised, OFCCP has released a handful of Frequently Asked Questions (FAQs) addressing the President’s Executive Order Combating Race and Gender Stereotyping (Executive Order 13950).
While limited in nature, the FAQs...more
On September 29, 2020, The Colorado Department of Labor and Employment published proposed Equal Pay Transparency Rules (“EPT Rules”) providing guidance for implementation of the state’s new Equal Pay for Equal Work Law set to...more
Following the “Combating Race and Sex Stereotyping” Executive Order (EO), which requires the Office of Federal Contract Compliance Programs (OFCCP) to set up a hotline and investigate complaints of violations, OFCCP has...more
As instructed by last week’s Combatting Race and Sex Stereotyping Executive Order, OFCCP has set up a hotline to receive complaints of unlawful stereotyping. The executive order directs OFCCP to-
"establish a hotline and...more
The “Executive Order on Combating Race and Sex Stereotyping” (EO) covers government contractors and certain grant recipients and seeks to severely limit and curtail the diversity and inclusion, sexual harassment, and related...more
OFCCP’s most recent CSAL included, for the first time, establishments selected for promotion and accommodation focused reviews. While the Agency has talked for sometime about initiating these types of focused reviews, there...more