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Office of Federal Contract Compliance Programs Federal Contractors Transparency

McGlinchey Stafford

9th Circuit: Federal Contractor Workforce Reports Not Exempt Under FOIA

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On July 30, the 9th Circuit Court of Appeals settled a long-standing debate between federal contractors and journalists when it ruled on Center for Investigative Reporting v. United States Department of Labor. Their decision...more

Constangy, Brooks, Smith & Prophete, LLP

Appellate court orders disclosure of contractors’ EEO-1 Reports

The Ninth Circuit rules that FOIA does not protect data from disclosure.  As we previously reported, the Center for Investigative Reporting and its reporter Will Evans are battling the U.S. Department of Labor over its...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ninth Circuit Orders Disclosure of Federal Contractors’ 2016–2020 Consolidated EEO-1 Data

In a ruling significant to federal contractors and government transparency advocates alike, the U.S. Court of Appeals for the Ninth Circuit has affirmed a district court order requiring the U.S. Department of Labor (DOL) to...more

Paul Hastings LLP

President Biden Issues Executive Order on Artificial Intelligence: Impact on Employers

Paul Hastings LLP on

As our colleagues recently discussed, on October 30, 2023, President Biden signed a sweeping Executive Order regarding the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the “EO”). The EO...more

Mitratech Holdings, Inc

Rating OFCCP’s Ombuds Service at the Three-Year Mark

OFCCP created its Ombud Service, outlined in Directive 2018-09, to increase transparency and communication between the OFCCP and Agency stakeholders. The Agency defines stakeholders to include federal contractors and...more

Morrison & Foerster LLP

OFCCP Signals Return to More Aggressive and Less Transparent Audits

In the last three weeks alone, OFCCP has issued two significant Directives and a notice of proposed rulemaking, signaling its intent to be far more aggressive and less transparent in compliance evaluations than under the...more

FordHarrison

OFCCP Proposes Dialing Back Transparency and Legal Thresholds in "PDN Rule"

FordHarrison on

On March 21, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a Notice of Proposed Rulemaking (NPRM) dialing back the level of transparency and evidentiary standards for issuing pre-enforcement notices...more

Mitratech Holdings, Inc

What Was the OFCCP Director’s Message at the 2021 NILG National Conference?

In her presentation at the 2021 NILG National Conference, OFCCP Director Yang indicated the general direction of the Agency under the new administration. Significant change may await us....more

Mitratech Holdings, Inc

OFCCP Regional Directors Talk ‘Nuts and Bolts” at the 2021 NILG Annual Conference

Four of the six OFCCP Regional Directors (RDs) attended the recent 2021 NILG National Conference.  Michelle Hodge spoke about the Mid-Atlantic District she is managing until later this month (when she becomes OFCCP Deputy...more

Jackson Lewis P.C.

OFCCP Issues Directive On Fourth Agency Pillar Of Certainty

Jackson Lewis P.C. on

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

Proskauer - Government Contractor Compliance...

OFCCP’s Ombuds Service Now Open For Business

On May 6, 2020, OFCCP announced that its Ombuds Service is now available to the contractor community. The agency initially announced its plan to create an Ombuds Service in the fall of 2018 as part of its overall initiative...more

Polsinelli

OFCCP Issues Three Directives to Advance Director Leen’s Efficiency and Transparency Agenda

Polsinelli on

On April 17, 2020, OFCCP released three new directives that aim to advance outgoing Director Craig Leen’s longstanding focus on increasing the agency’s transparency and efficiency....more

Jackson Lewis P.C.

OFCCP Submits Proposed Regulation Requiring Issuance Of Pre-Determination Notices

Jackson Lewis P.C. on

In a welcome turn for federal contractors, OFCCP last week submitted a proposed regulation to codify Directive 2018-01 – Use of Predetermination Notices (PDN). The regulation would require OFCCP to issue a Predetermination...more

Foley & Lardner LLP

OFCCP Introduces Virtual Compliance Help Desk, Continuing Its Trend Toward Increased Cooperation with Federal Contractors

Foley & Lardner LLP on

As we have previously noted for readers who are federal contractors and subcontractors, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) continues to make good on its express goals of...more

Constangy, Brooks, Smith & Prophete, LLP

OFCCP Adds Ombudsman And New Webpage To Increase Transparency

The OFCCP continues its efforts to become more transparent. The Office of Federal Contract Compliance Programs recently took two more steps to improve transparency at the agency. First, the Department of Labor...more

Polsinelli

OFCCP Director Craig Leen Describes Agency Priorities in Comments at the National ILG Conference

Polsinelli on

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

Jackson Lewis P.C.

Director Leen Shares OFCCP Update

Jackson Lewis P.C. on

OFCCP Director Craig Leen thinks the Agency has made good progress on implementing “the four pillars” but there is still work to be done. Speaking this week in Florida, Director Leen shared accomplishments, and things to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Through the Veil: OFCCP’s Transparency Results in Even Minor Contractor Violations Being Published by the Agency

Recently, the Office of Federal Contract Compliance Programs (OFCCP) began posting in its Freedom of Information Act (FOIA) Library links to conciliation agreements between the agency and federal contractors that contain only...more

Jackson Lewis P.C.

OFCCP Looking To Hire For Ombudsperson

Jackson Lewis P.C. on

As OFCCP heads into 2019, with an official Director in place, the Agency is looking towards implement many of its new Directives released in the second half of 2018. Back in September, we discussed OFCCP Directive 2018-09:...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OFCCP Year in Review and What to Expect in 2019

The year 2018 brought increased activity and significant changes to the Office of Federal Contract Compliance Programs (OFCCP), including the appointment of new Director Craig E. Leen and the arrival of 12 new directives. ...more

Polsinelli

OFCCP Rescinds Former Compliance Review Procedures In Effort to Audit More Contractors

Polsinelli on

Last Friday, OFCCP issued its first three directives of the 2019 fiscal year. With its new Compliance Review Procedures Directive (2019-01), OFCCP rescinds the Obama administration’s Active Case Enforcement (ACE) Directive...more

Polsinelli

OFCCP Acting Director Craig Leen Comments

Polsinelli on

On October 18, 2018, OFCCP Acting Director Craig Leen gave a 2-hour presentation at the National Employment Law Institute’s Affirmative Action Update on “What’s on the OFCCP Director’s Desk”. ...more

Orrick, Herrington & Sutcliffe LLP

I Can See Clearly Now: The OFCCP’s Latest Directives Seek to Increase Transparency

For the second month in a row, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has issued guidance to update materials available to federal contractors and subcontractors. ...more

Littler

OFCCP Announces Ombud Service

Littler on

On September 19, 2018, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a new directive, 2018-09, announcing a plan to implement an Ombud Service in the national office to resolve...more

Proskauer - Government Contractor Compliance...

OFCCP Issues New Directive Addressing “Transparency In OFCCP Compliance Activities”

Quick Hit: OFCCP has issued Directive 2018-08 (the “Directive”) which sets forth new policies and procedures for OFCCP compliance evaluations. The Directive contains numerous specific rules and procedures that compliance...more

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