Government Contractor Compliance & Regulatory Update

Category Archives: Employment Law

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The Department Of Homeland Security Proposes New Rules Affecting Federal Government Contractors

This week, the Department of Homeland Security (“DHS”) issued three proposed rules expanding data security and privacy requirements for contractors and subcontractors. The proposed rules build upon other recent efforts by various federal agencies to strengthen safeguarding requirements for sensitive government information.  Given the increasing emphasis on data security and privacy, contractors and subcontractors are … Continue Reading

Governor Cuomo Signs Executive Order Requiring State Contractors To Report Job Title And Pay Data

On January 9, 2017, New York Governor Andrew Cuomo signed an Executive Order that requires state contractors to disclose, in addition to data on gender, race, and ethnicity that is already required, job title and salary data for all of their employees working on state contracts (or their entire workforce if those working on state … Continue Reading

The New OFCCP Sexual Orientation And Gender Identity Protections Are Now In Effect

Yesterday, Executive Order (“EO”) 11246, as amended by EO 13762, officially went into effect, representing the first time in the federal sector that sexual orientation and gender identity have been expressly protected. On July 21, 2014, President Obama issued EO 13762, which amended EO 11246 to prohibit federal contractors from discriminating against employees on the … Continue Reading

President Obama Urged to “Ban the Box” for Federal Contractors

In a letter this past week, nearly 200 interest groups urged President Obama to issue an executive order “banning the box” for federal contractors and to implement other “fair chance” hiring reforms protecting ex-offenders. “Ban the box” refers to a movement that has swept across state and local legislatures in recent years requiring contractors (and … Continue Reading

Tampa Council Says No to “Ban the Box” Law for City Contractors, Seeks Alternative Legislation

Last Thursday, Tampa’s City Council declined to pass a law that would have “banned the box” for city contractors.  “Ban the box” refers to a movement at the state and local levels of government to remove the check box from job applications that ask whether the candidate has a criminal history.  In lieu of banning … 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

OFCCP Issues Directive Addressing Gender Identity and Transgender Bias

Earlier this week the Office of Federal Contract Compliance Programs (OFCCP) issued a directive to “clarify that existing agency guidance on discrimination on the basis of sex . . . includes discrimination on the bases of gender identity and transgender status.”  OFCCP’s pronouncement on the issue comes on the heels of the Secretary of the … 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

Connie Bertram Interviewed About Executive Order on Labor Violations

Proskauer recently reported on President Obama’s recent executive order requiring contractors to report various employment and labor law violations and requiring those violations to be considered in the government’s decisions to award contracts to and retain contractors. Connie Bertram, Co-Chair of Proskauer’s Government Regulatory Compliance and Relations Group, was recently interviewed about the executive order … Continue Reading

President Obama Amends Executive Order 11246 to Protect LGBT Workers of Government Contractors from Discrimination

As the White House announced last month, President Obama signed yesterday an Executive Order that bans workplace discrimination against lesbian, gay, bisexual, and transgender (“LGBT”) workers of federal contractors.  Executive Order 11246, issued by President Lyndon B. Johnson, prohibits federal contractors from discriminating “against any employee or applicant for employment because of race, color, religion, … Continue Reading

New Delaware Law “Encourages” State Vendors to “Ban the Box”

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 state this restriction in all … Continue Reading

New York Assembly Passes Bill Limiting Contractors’ Use Of Arbitration Provisions

On May 5, 2014, the New York Assembly passed a bill limiting the use of arbitration provisions for employment claims by businesses that contract with New York State.  The bill would prohibit New York state agencies from entering into a contract with a business that requires an employee or independent contractor performing work under the … Continue Reading

Federal Court Dismisses Overtime Claims Brought by Contractor Employee Working in Kuwait

On April 28, 2014, a Massachusetts federal court granted dismissal of a proposed class action alleging that Raytheon violated Kuwaiti law by failing to pay overtime to employees working in Kuwait on federal defense contracts. Plaintiff Darrell Robinson argued that Kuwaiti law applied to his overtime claims as a consequence of language in Raytheon’s offer … Continue Reading

New Louisville “Ban the Box” Ordinance Covers City Contractors, Continues Growing Trend

Mayor Greg Fischer recently signed an ordinance that generally prohibits the Louisville Metro Government (hereinafter, “City”) and its vendors from inquiring into an applicant’s criminal history on the initial job application.  The Ordinance joins an ever-growing patchwork of laws that curbs inquiries into or the use of an applicant and/or employee’s criminal history in employment … Continue Reading

OFCCP Updates FAQs On Section 503 And Veterans’ Regulations

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 FAQs address questions regarding the availability of the “EEO is the Law” poster, the ability to use human resource information systems as the … Continue Reading

Joining Other States and Localities, Indianapolis “Bans the Box” for City Vendors and Further Restricts Criminal Background Inquiries

Mayor Gregory A. Ballard recently signed an ordinance that generally prohibits the Consolidated City of Indianapolis and Marion County (hereinafter, “City”) and its vendors from inquiring into an applicant’s criminal history until after the applicant’s first interview.  In addition to “banning the box,” the Ordinance further restricts the types of arrest and conviction records the … Continue Reading

Treasury Adopts Final Rule Addressing Contractor Affirmative Action Under Section 342 of Dodd-Frank

Section 342 of the Dodd-Frank Act requires specified federal agencies and departments, including the Treasury Department, to ensure fair inclusion and utilization of minorities, women, and minority-owned and women-owned businesses in all business and activities of the agency, including equal employment and affirmative action by contractors and subcontractors.  On March 20, 2014, the Treasury Department … Continue Reading

The New Veterans and Disability Regulations Go Into Effect on March 24: Are You Ready?

Many contractors have been preparing for the past several months for the first group of compliance obligations imposed by the Final Rules adopted by OFCCP in August 2013.  In five short days, the first set of obligations will become effective.  Is your organization ready to implement the first set of compliance obligations?  Does it have … Continue Reading

Department of Defense Adopts Final Rule Implementing Whistleblower Amendments

The Department of Defense (DoD) recently adopted a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS).  The rule implements increased whistleblower protections for contractor and subcontractor employees from Section 827 of the National Defense Authorization Act for Fiscal Year 2013. The rule broadens and clarifies whistleblower protections for federal contractor and subcontractor employees.  … Continue Reading

Proskauer Offers Webinar On Whistleblowing And Retaliation Issues

Please join us on Tuesday, February 25 for a Webinar addressing the many significant developments in 2013 in federal and state whistleblower legislation and litigation, with a particular emphasis on Sarbanes-Oxley (SOX) and False Claims Act (FCA) developments.  Our speakers will also offer practical advice to employers regarding preparing for and defending whistleblower claims and … Continue Reading

Trade Group Seeks Greater Legal Protections For Contractors Operating In War Zones

Earlier this week, the Professional Services Council filed an amicus brief in the United States Supreme Court in support of a writ of certiorari of a Third Circuit decision regarding contractor immunity in war zones.  The case involves a wrongful death suit by the estate of a member of the military who was accidentally electrocuted … Continue Reading

President Obama Issues Executive Order Increasing Minimum Wage For Federal Contractor Employees

Yesterday, President Obama issued an Executive Order to increase the minimum wage for employees of federal contractors and subcontractors to $10.10 an hour.  President Obama announced the Order at his State of the Union address last month.  The Executive Order states that “[r]aising the pay of low-wage workers increases their morale and the productivity and … Continue Reading

OPM to Federalize Background Checks in Wake of Snowden Scandal/Navy Yard Shooting

On February 6, 2014, the Office of Personnel Management (OPM) announced that the agency will federalize the “quality review process” of its background investigations.  OPM had previously engaged federal contractors to conduct agency background investigations, including the quality review procedures and back office support. … Continue Reading
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