May 2014

According to the Labor Department’s semiannual regulatory agenda, released on May 23, 2014, the Office of Federal Contract Compliance Programs (OFCCP) plans to issue proposed rules regarding federal contractor compensation practices later this year.  The rules are intended to create more transparency and combat pay discrimination in accordance with Executive

The Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) recently announced that it reached a settlement with federal contractor Parson Brinckerhoff (“Parsons”) regarding claims of hiring discrimination based on race and ethnicity.

During a scheduled compliance review, OFCCP determined that Parsons engaged in hiring discrimination between 2010 and

Delaware’s Governor recently signed a “ban the box” law to prohibit public employers from inquiring into or considering the credit or criminal history of a job candidate during the initial application process (up to and including the first interview), unless otherwise required by state or federal law.  Public employers must

The First Circuit ruled last week that an earlier-filed False Claims Act complaint will preclude a later-filed complaint if it arises out of the same underlying facts, even if the allegations are not identical.

The case concerns claims by two relators asserting claims against Bristol-Myers Squibb, Inc. (“BMS”) and Sanofi-Aventis

A New York court has held that the State’s regulatory limits on executive compensation and administrative expenses for entities that receive state funds unconstitutionally exceed proper regulatory authority.  The regulations, which implemented a 2012 executive order by Governor Andrew Cuomo and went into effect on July 1 of last year, were promulgated in substantially similar form by thirteen different New York State agencies.  Although other plaintiffs have challenged the regulations, this is the first time a court has held that they are unconstitutional.

On April 9, in Agencies for Children’s Therapy Services, Inc. v. New York Department of Health, the Nassau County Supreme Court held that

On April 29th, 2014, the OFCCP hosted a “Listening Session” to solicit comments from the government contractor community regarding suggested implementing regulations for Executive Order 13665 (“EO 13665”) and a new Presidential Memorandum, which were signed by President Obama on April 8, 2014.

EO 13665 prohibits discrimination and retaliation against employees who discuss their compensation or compensation related issues.  The Presidential Memorandum directs the OFCCP to implement regulations governing a new race and gender compensation data collection tool for government contractors and subcontractors.  The Executive Order requires that the Secretary of Labor propose implementing regulations by September 15, 2014 while the Presidential Memorandum requires proposed regulations by August 6, 2014.

The OFCCP’s listening session provided the contractor community with