DE Under 3: FAR Council's Latest Proposed Rule & OFCCP's 10 New FAQs on Compensation History
DE Under 3: OFCCP’s Unlawful Discrimination Allegations Stair-Step Down in FY 2022
#WorkforceWednesday: Pay Data Collection Study, Colorado Non-Compete Restrictions, D.C. Circuit Vacates Browning-Ferris - Employment Law This Week®
Hot Spots in Employment Law 2022
The Future of Pay Equity
Is the #MeToo Movement Over? - Employment Law This Week® - Trending News
#WorkforceWednesday: Component 2 Pay Data Shutdown, CDC Coronavirus Guidance, and California Employers Fight Back - Employment Law This Week®
Developments in New York State Labor and Employment Law – What You Need to Know in 2020
I-18- DC Update on Joint Employer and OT Issues, and Part 1 of an Expert Interview on Pay Equity Audits
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
The University of Utah and a non-profit organization named "As You Sow" have issued FOIA requests to the Office of Federal Contract Compliance Programs (“OFCCP”) for the 2021 Type 2 Consolidated EEO-1 Reports filed by federal...more
As previously reported, in late December 2023, the Northern District of California ordered OFCCP to release the EEO-1 reports of federal contractors it had previously withheld from production based on various exemptions under...more
Executive Summary: On December 22, 2023, a federal court in California ordered the OFCCP to release the EEO-1 reports of federal contractors who had filed an objection to the agency’s release of their EEO-1 data in response...more
Last August OFCCP published a notice in the Federal Register advising employers that in response to a Freedom of Information Act (FOIA) request, the agency was planning to produce confidential information that is ordinarily...more
On February 14, 2023, OFCCP announced that it was again extending the deadline for employers to file objections to the disclosure of their EEO-1 data in response to a FOIA request from the Center for Investigative Reporting....more
OFCCP issued yet another notice today regarding its handling of a FOIA request for production of all federal contractors’ EEO-1 Type 2 data from 2016 through 2020. The request keeps in place a February 17, 2023, deadline...more
On August 19, OFCCP published a Notice in the Federal Register alerting federal contractors that it received a Freedom of Information Act (FOIA) request from the Center for Investigative Reporting (CIR) seeking all federal...more
As an update to our October 12, 2022 post regarding the deadline for federal contractors and first-tier subcontractors to object to disclosure of their Type 2 Consolidated EEO-1 reports from 2016 to 2020, the Office of...more
In 2019, the Office of Federal Contract Compliance Programs (OFCCP) received an unprecedented Freedom of Information Act (FOIA) request from an investigative reporter (which was later amended), requesting Type 2 Consolidated...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
Covered federal contractors have been tasked by the federal government with preventing disparities in pay for their employees based on race, gender, and ethnicity. To prevent such disparities, the Office of Federal Contract...more
Yesterday OFCCP announced that it is extending the deadline to respond to and submit objections pursuant to its August 19, 2022, Notice in the Federal Register regarding a Freedom of Information Act (“FOIA”) request from Will...more
As outlined in our August 22 Insight, OFCCP announced an intention to produce federal contractors’ Type 2 EEO-1 data in response to a FOIA request from the Center for Investigative Reporting (CIR). Employers were given until...more
Federal contractors should be aware of a recent development that could result in the public disclosure of their EEO-1 information. The EEO-1 Component 1 report is a mandatory annual data collection requiring all federal...more
Any employer required to collect EEO-1 workforce demographic data should be thinking about the issue of whether to publicly disclose that data, and consider what might happen to it once it’s disclosed....more
On August 18, 2022, OFCCP issued a revised Directive 2022-01 (the “Revised Directive”) clarifying that contractors will not be required to provide any privileged pay analysis conducted for purposes of compliance with 41...more
In March 2022, we reported on a controversial directive issued by the Office of Federal Contract Compliance Programs (OFCCP) that appeared to assert, for the first time, that federal contractors and subcontractors are...more
Hello from the opening day of the NILG 2022 National Conference in Boston, Massachusetts and it seems like the crowds have returned following last year’s hybrid conference in Nashville, TN....more
On March 15, 2022, the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) issued a new directive addressing pay equity audits. The new Directive 2022-01 sets forth what OFCCP views as its...more
The Office of Federal Contract Compliance Programs’ (OFCCP) new Directive 2022-01, concerning federal contractors’ “obligation to conduct in-depth compensation analysis,” raises issues that will take time to sort out....more
This past Tuesday, March 15, marked Equal Pay Day, a day signifying how far into this year women (across all races and ethnicities) had to work to earn what men were paid in 2021. While the topic of pay equity is not new,...more
Beware the Ides of March, as they say. On March 15, 2022, the Office of Federal Contract Compliance Programs (OFCCP) released Directive 2022-01, which, according to the agency, aims to clarify OFCCP’s perceived authority to...more
On September 1, 2021, the Office of Federal Contract Compliance Programs (OFCCP) announced that it would “evaluate” using compensation data reported by federal contractors in annual EEO-1 filings to guide its enforcement...more
OFCCP announced on September 1, 2021 that it plans to rescind a November 2019 notice regarding EEO-1 Component 2 data. EEO-1 Component 2 data was required to be submitted in 2019, and consists of aggregated employee wage and...more