DOL Restructures: OFCCP on the Chopping Block as Opinion Letters Expand - #WorkforceWednesday® - Employment Law This Week®
Clocking in with PilieroMazza: Latest Developments on DEI Executive Order and Action Items before April 21 Deadline
#WorkforceWednesday®: EEOC/DOJ Joint DEI Guidance, EEOC Letters to Law Firms, OFCCP Retroactive DEI Enforcement - Employment Law This Week®
#WorkforceWednesday®: Federal Agencies Begin Compliance Efforts Under Trump Administration - Employment Law This Week®
Preparing for — and Surviving — an OFCCP Audit
DE Talk | If It’s Not in Writing, It Never Happened: Applicant Tracking & Recordkeeping Strategies to Ensure OFCCP Compliance
Work This Way: A Labor & Employment Law Podcast - Episode 26: Compensation Compliance with Joan Moore and Mim Munzel of The Arbor Consulting Group
DE Under 3: Court Held That Workday Was an “Agent” to Employers Licensing its AI Applicant Screening Tools
DE Under 3: Retirement of “Chevron Doctrine” Exposed Vulnerability of OFCCP’s Overreaching Interpretations of Some of its Rules
DE Under 3: OFCCP Must Shut Down its Administrative Court Prosecutions as a Result of SCOTUS’ SEC Jury Trial Case Decision
DE Under 3: OFCCP’s New Revisions & Additions to its Construction Contractor Compliance Audit Tools
DE Under 3: OFCCP VEVRAA Guidance Clarifies Protected Veteran “Benchmark for hiring” is Not a Hard Number Quota
DE Under 3: OFCCP Changes Up Important Technical Details of its Audit Selection Process in First FY 2024 CSAL
DE Under 3: EEOC’s Settlement with the SSA is a Cautionary Tale for Private Sector Employers & Federal Government Contractors
DE Under 3: Contractors Have Second Opportunity to Comment on OFCCP’s Supply & Service Contractor Portal Information Collection
Work This Way: A Labor & Employment Law Podcast | Episode 17: Federal Contractor Fundamentals with Joan Moore and Mim Munzel of The Arbor Consulting Group, Part 2
DE Under 3: New OFCCP AI Guidance Misstates Adverse Impact Law Portending Much Coming Friction with Federal Contractors
Work This Way: A Labor & Employment Law Podcast | Episode 16: Federal Contractors with Joan Moore and Mim Munzel of The Arbor Consulting Group, Part 1
DE Under 3: An Explanation of the Current Federal Budget Bill Confusion
DE Under 3: Biden "Hits the Brakes" on Non-Defense Discretionary Budgets for Federal Agencies in FY 2025 Budget Proposal
UPDATE: On 8 January 2025, the Federal Acquisition Regulatory Council (FAR Council) officially withdrew its proposed rule that would have (1) barred federal contractors from seeking and using job applicants’ compensation...more
A change in presidential administrations can influence federal enforcement agencies’ priorities, how they interpret laws and guidelines, and how they carry out enforcement. Consequently, the transition to the Trump...more
Employers with Federal contracts have experienced unique challenges in the past few years—from navigating the Federal contractor vaccine mandate to new rules related to sick leave and time off. One of the most significant...more
The Office of Federal Contract Compliance Programs (OFCCP) released a revised Scheduling Letter and Itemized Listing for construction contractors on Oct. 2, 2024, that will require contractors to provide significantly more...more
Our friends Joan Moore and Mim Munzel from The Arbor Consulting Group join us again to dive into compensation compliance issues for employers. They share potential risks in an Office of Federal Contract Compliance Programs...more
On March 15, 2022, the Office of Federal Contract Compliance Programs (“OFCCP”) issued a Directive regarding OFCCP’s expectations of compliance with the regulatory provisions of 41 CFR 60-2.17(b)(3). The regulations require...more
On August 18, 2022, the Office of Federal Contract Compliance Programs (“OFCCP”) issued “Advancing Pay Equity Through Compensation Analysis,” a revision to Directive 2022-01, “Pay Edit Audits.” The revised Directive states...more
On August 18, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a revised version of its Directive 2022-01 - Advancing Pay Equity Through Compensation Analysis, which was originally issued on March 15,...more
On March 15, 2022, to coincide with this year's "Equal Pay Day," the OFCCP issued a new Directive on pay equity audits. Its stated purpose is to "provide guidance on how OFCCP will evaluate federal contractors' compliance...more
On March 15, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a new Directive clarifying covered contractors’ obligation to conduct pay equity audits on an annual basis. Quite notably, the OFCCP issued...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 frank discussion during the roundtable highlighted contractors’ ongoing concerns regarding OFCCP’s approach to the evaluation of the compensation of small groups of specialized employees and smaller AAP groups....more
On Tuesday, February 18, 2020 the National Industry Liaison Group (“NILG”) and the Office of Federal Contract Compliance Programs (“OFCCP”) held a Compensation Roundtable at the US. Department of Labor in Washington D.C. ...more
Pay equity continues to be a complex and evolving issue for employers. Although the Equal Employment Opportunity Commission (“EEOC”) recently ended its Component 2 pay data collection, employers still face substantial...more
On December 30, 2019, OFCCP issued a Notice of Proposed Rulemaking on Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures to Resolve Potential Employment Discrimination....more
WHD Rulemakings Full Speed Ahead. This is a busy time for the Wage & Hour Division’s regulatory agenda. Early in the week, the White House approved its final rule updating the regular rate regulations. The updates are...more
The OFCCP opened the month of October by announcing three multimillion dollar settlements with major government contractors. The agency entered into early resolution conciliation agreements with Goldman Sachs & Co. LLC and...more
On July 31, 2019, OFCCP Director Craig Leen gave the opening remarks at the National Industry Liaison Group conference in Milwaukee, Wisconsin. Director Leen described several new and renewed areas of focus for OFCCP and...more
In a welcome development for federal government contractors, OFCCP issued its second opinion letter on July 22, 2019. The opinion letter endorsed a process through which contractors can submit proposed pay analysis groups...more
Seyfarth Synopsis: Google’s recent travails with simultaneous traditional and “reverse” discrimination claims signal a new era of dynamic employment discrimination risk. Employers will be wise to consider the push and pull...more
An ALJ has largely put the kibosh on a request for decades of comp data. In January 2017, the Office of Federal Contract Compliance Programs filed an administrative complaint against Oracle America, Inc., alleging systemic...more
The Office of Federal Contract Compliance Programs (OFCCP) – the Department of Labor office responsible for overseeing federal contractors’ and subcontractors’ equal employment opportunity and affirmative action obligations –...more
Over the past few months, we have seen a whirlwind of activity from OFCCP. Under new leadership, the Agency has conducted town hall meetings, provided guidance to contractors on a variety of topics and issued new directives...more
Seyfarth Synopsis: On January 22, 2019, the Office of Federal Contract Compliance Programs (“OFCCP” or “the Agency”) filed a motion for leave to file a new amended complaint in connection with its 2017 Compliance Evaluation...more
The Office of Federal Contract Compliance Programs (OFCCP) recently issued Directive 2018-05, a compensation-related directive that OFCCP touts as part of its effort to be more transparent to government contractors. ...more