OFCCP recently updated its Frequently Asked Questions (“FAQs”) on the implementation of the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) and Section 503 of the Rehabilitation Act final rules. The most recent VEVRAA FAQs address questions regarding data collection analysis and the term “jobs filled,” self-identification at the pre-offer and
June 2014
DOL Issues Proposed Rule to Implement Federal Contractor Minimum Wage Rate
As prior blog entries (see here and here) have explained, on February 12, 2014, President Obama signed Executive Order 13658 to increase the hourly minimum wage for employees of federal contractors and subcontractors to $10.10 an hour. The Executive Order also established that, beginning January 1, 2016, the…
Obama Administration Announces Expansion of Executive Order 11246 to Protect LGBT Workers of Federal Government Contractors
Today, the White House announced that President Obama will issue an executive order that bans federal contractors from discriminating on the basis of sexual orientation and gender identity. According to White House staff, the executive order will build upon existing protections that “generally prohibit federal contractors and subcontractors from discriminating…
Third Circuit Adopts Less Demanding FCA Pleading Standard
Last week, the Third Circuit reversed a New Jersey district court’s decision to dismiss a False Claims Act (FCA) qui tam law suit, holding that the court applied an overly demanding pleading standard to relator Thomas Foglia’s complaint. The Third Circuit’s decision joins the growing debate that has split the…
OFCCP to Publicize New Affirmative Action Requirements
Speaking to employers during a June 6 affirmative action conference, the Office of Federal Contract Compliance Programs (“OFCCP”) Director Patricia Shiu announced the agency’s plan to launch a public service announcement (PSA) explaining to employees the disability affirmative action requirements imposed by the new regulations issued by OFCCP under Section…
OFCCP Announces Rulemaking Priorities
Last month, the Office of Federal Contract Compliance Programs (OFCCP) released its 2014 Spring Regulatory Agenda, identifying four new rules on which the agency is currently working.
The Agenda is consistent with recent efforts by President Obama to further his pay equity agenda. OFCCP intends to propose by August…
DOL Defends Posting Requirements Against Challenge From Contractors
This week the Department of Labor (DOL) defended its rule requiring federal contractors to post notices informing employees of their right to unionize. The National Association of Manufacturers (NAM) and the Virginia Manufacturers Association have brought a challenge to the rule in federal court based upon statutory and First Amendment…