Government Contractor Compliance & Regulatory Update
Daniel Davis

Daniel Davis

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DOL Issues Guidance Regarding Interaction Between Affordable Care Act And Fringe Benefit Requirements Under Service Contract, Davis Bacon And Related Acts

The Davis Bacon Act and the Davis Bacon Related Acts (collectively “DBRA”) and the Service Contract Act (“SCA”) impose additional obligations related to fringe benefits and wages on covered contractors.  With the passing of the Affordable Care Act (“ACA”), there have been lingering questions as to how the mandate that Applicable Large Employers (“ALE”) provide … Continue Reading

DOL Issues Proposed Rule on Paid Sick Leave for Government Contractors

As we previously reported, the U.S. Department of Labor (“DOL”) released a proposed rule on February 25, 2016 to implement Executive Order 13706, which requires federal contractors and subcontractors to give their workers seven days of paid sick leave annually. The proposed rule comes on the heels of a number of state and local initiatives … Continue Reading

OFCCP Sues B&H for Alleged Discrimination

Last week, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) filed an administrative lawsuit against B&H Foto & Electronics Corporation (“B&H”), a major New York-based electronics retailer, alleging systematic discrimination against Hispanic, black, female, and Asian employees. Following a two-year compliance review, OFCCP’s complaint accuses B&H of (1) exclusively hiring Hispanic … Continue Reading

Seventh Circuit Allows Reverse Racism Claims To Proceed Against Contractor

Earlier this week, the Seventh Circuit allowed a Caucasian construction worker to take his reverse racism claims to trial because there were factual disputes about the reason for his termination. The plaintiff, Terry Deets, alleges that the defendant contractor laid him off because it was not meeting its federally mandated minority-hiring goals. Prior to his … Continue Reading

President Obama Expected To Announce New EEO-1 Pay Equity Reporting Requirements

Today, President Obama is expected to announce new pay equity reporting requirements that would require employers to disclose information concerning compensation and hours worked with their annual EEO-1 reports. According to an EEOC publication in the Federal Register, starting in 2017, employers with more than 100 employees will be required to report “W-2 earnings and … Continue Reading

Divided Sixth Circuit Dismisses Compliance Officer’s FCA Whistleblower Retaliation Claim

Last week, the U.S. Court of Appeals for the Sixth Circuit rejected a former compliance officer’s whistleblower retaliation claim because she did not establish that she had an objectively reasonable belief that she was investigating illegal conduct when her employment was terminated. The plaintiff, Sara Jane Jones-McNamara (“Plaintiff”) alleged that the defendant, Holzer Health Systems, … Continue Reading

House Passes Veteran Preference Bill

Earlier this week, the House of Representatives unanimously approved a bill, titled the Boosting Rates of American Veteran Employment Act or “BRAVE Act.” The BRAVE Act authorizes the Department of Veterans Affairs (“VA”) to give preferences to companies that employ veterans on a full-time basis in awarding contracts for the procurement of goods and services. … Continue Reading

Department of State Inspector General Issues Report on Contractor Confidentiality Provisions with Employees

Yesterday, the Office of the Inspector General for the U.S. Department of State (OIG) issued a report on its review of the use of confidentiality agreements and policies by Department of State contractors. In preparing the report, OIG sent a five-question survey to the 30 contractors with the largest Department of State contracts in 2012. … Continue Reading

Proposed Rule Would Allow Contractors’ Employees To File Whistleblower Disclosures With OSC

Last week, the U.S. Office of Special Counsel (“OSC”), an independent federal investigative and prosecutorial agency that handles claims of wrongdoing within the executive branch of the federal government, proposed revising its regulations to expand the categories of employees who may file a whistleblower disclosure with OSC.  Currently, only federal government employees can disclose to … Continue Reading

California’s Fair Chance Employment Act Targets Construction Contractors

A new California law took effect January 1 that requires employers making bids on state contracts involving “onsite construction-related services” to certify they have “banned the box” on applications for onsite construction-related employment.  As such, the new law prohibits oral or written inquiries into the applicant’s conviction history on or at the time of an … Continue Reading

Syracuse “Bans the Box” for City Contractors

Effective March 22, 2015, Syracuse has “banned the box” for any person that enters into a service contract or concession agreement with the City, or otherwise supplies goods and/or services to, or on behalf of, the City.  “Ban the box” refers to a growing movement at the state and local levels of government requiring employers … Continue Reading

D.C. Circuit Rejects Challenge To Section 503 Regulations Administered by OFCCP

On Friday, December 12, 2014, the D.C. Circuit rejected a challenge by Associated Builders and Contractors, Inc. (“ABC”) to the recent rules promulgated by OFCCP under Section 503 of the Rehabilitation Act protecting individuals with disabilities.  Those rules, among other things, established an aspirational seven percent utilization goal and required contractors to invite applicants to … Continue Reading

OFCCP Provides New FAQs on Scheduling Letter And Compensation Data

OFCCP recently released new FAQs regarding its revised scheduling letter and compensation disclosure requirements.  As reported previously, OFCCP recently revised its scheduling letter and has issued proposed rules regarding compensation disclosures.  The new FAQs provide guidance on computing partial year data for the scheduling letter.  The FAQs also provide information on the types of compensation … Continue Reading

OFCCP Submits Proposed Regulations Regarding Sex Discrimination For Review

OFCCP recently sent proposed regulations regarding sex discrimination to the Office of Management and Budget (OMB) for review.  The content of the regulations has not yet been disclosed, but OFCCP has previously stated that it intended to promulgate updated sex discrimination guidelines that reflect the current state of the law.  Once OMB approves the regulations, … Continue Reading

Sixth Circuit Dismisses Whistleblower’s Claims Made By Job Applicant

This week, the U.S. Court of Appeals for the Sixth Circuit ruled that a job applicant lacks standing to bring whistle-blower claims under the Energy Reorganization Act and the False Claims Act (“FCA”) because those laws’ retaliation provisions apply only to employees.  The Sixth Circuit is the first Court of Appeals to address this issue. … Continue Reading

Recent OFCCP FAQ Clarifies Compliance Evaluation Scheduling Letter and Itemized Listing

On October 1, 2014, OFCCP released its new compliance evaluation scheduling letter and Itemized Listing.  In a recently released FAQ, OFCCP provided guidance concerning federal contractors’ obligations under Item 19 of the Itemized Listing.  Item 19 describes the support data that contractors must submit on compensation. Pursuant to the FAQ, contractors are required to submit … Continue Reading

Lopez v. City of Lawrence Decision Criticizes “Disparate Impact” Analysis

In the context of analyzing a Title VII Civil Rights and Massachusetts law “disparate impact” claim, a federal court has cast considerable doubt on the efficacy of statistical tools employed in “disparate impact” analysis.  In Pedro Lopez, et al. v. City of Lawrence, et al., the district court ruled in favor of multiple police departments … Continue Reading

OFCCP’s Recent FAQ Clarifies How Contractors May Document Invitations To Self-Identify

As part of its ongoing effort to answer questions concerning last year’s Section 503 regulations, OFCCP recently posted a new FAQ that highlights how contractors may document compliance with the requirement to invite applicants and employees to self-identify a disability.  The FAQ clarifies how contractors may store the invitation to self-identify and the subsequent data … Continue Reading

Contractor Working On Federally-Funded Solar Project Settles Davis-Bacon Act Claims for $1.9 Million

On October 23, the Department of Labor reported that Proimtu Mmi-Nv LLC, a Nevada-based company, agreed to pay $1.9 million in back wages and fringe benefits as the result of a DOL investigation of its compliance with the Davis-Bacon Act.  Proimtu performs work at the Crescent Dunes Solar Energy Project in Tonopah, Nevada, a federally-funded … Continue Reading

False Claims Act Does Not Protect An Employee Disclosing His Whistleblower History

On October 20, the United States District Court for the Southern District of Ohio found that the False Claims Act (“FCA”) did not protect an employee who was fired after revealing his history as a whistleblower and offering to help his new employer prevent overcharges on a government contract.  The court held that the employee … Continue Reading

OMB Approves Changes to OFCCP Scheduling Letter

The Office of Management and Budget (“OMB”) has approved changes to the current contractor scheduling letter and itemized listing used by OFCCP in compliance reviews. The new letter is expected to be released today. OFCCP proposed the changes to its scheduling letter three years ago. OFCCP announced today OMB’s approval of the following changes to … Continue Reading

OFCCP Proposes Rule Regarding Pay Transparency for Federal Contractors

On Monday, the Department of Labor’s Office of Federal Contractor Compliance Programs (“OFCCP”) issued a proposed rule that would bar federal contractors from firing or otherwise retaliating against employees or applicants for discussing their pay or the pay of their co-workers.  The rule implements an executive order signed by President Obama in April, which instructed … Continue Reading

New York Governor Cuomo Announces New Minimum Wage Policy for Thousands of Airport Workers

New York Governor Andrew Cuomo announced that employees of contractors and subcontractors at JFK and LaGuardia airports currently earning minimum wage are to receive a pay increase from $9.00 to $10.10.  The policy, which also promises a paid holiday for Martin Luther King, Jr. Day and annual wage increases tied to increases in the consumer … Continue Reading
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