On January 29, 2024, the 15th anniversary of the enactment of the Lilly Ledbetter Fair Pay Act, the Biden Administration announced that it would be taking new actions to implement the Executive Order on Advancing Economy, Efficiency, and Effectiveness in Federal Contracting by Promoting Pay Equity and Transparency issued
Federal Contractors
Court Orders Release of Contractor EEO-1 Reports
On December 22, 2023, a court in the Northern District of California ordered the disclosure of EEO-1 Reports filed by federal contractors and subcontractors (“Contractors”) between 2016 and 2020 in the case, Center for Investigative Reporting v. U.S. Dep’t of Labor, No. 3:22-cv-07182-WHA (N.D. Cal. Dec. 22, 2023). …
White House Issues First Artificial Intelligence Executive Order: AI Guidance for Federal Contractors Forthcoming
On October 30, 2023, President Biden issued an “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (the “EO”), the first executive order directly addressing artificial intelligence.
Of particular interest to federal government contractors, the EO provides that within 365 days of publication…
Potential Government Shutdown – What Every Federal Contractor Needs to Know
We appear to be on the precipice of another federal government shutdown. Absent a political compromise, the federal government’s funding will run out on September 30, 2023. During previous government shutdowns, government agencies and departments issued stop-work orders, grinding work on government projects and contracts to a halt. Contractors were…
VETS-4212 Deadline Quickly Approaching: File by September 30, 2023
As we previously posted, federal contractors and subcontractors meeting the VEVRAA eligibility threshold (“Covered Contractors”) have until September 30, 2023 to file their VETS-4212 Reports.
Covered Contractors are “recommend[ed]” to file the form electronically, but they can email or physically mail a paper form to the DOL. Federal contracting…
OFCCP Announces New Round of Contractors Selected for Audits – Was Your Company Selected?
On September 8, 2023, OFCCP announced it posted a new Corporate Scheduling Announcement List (CSAL) for supply and service contractors. OFCCP announced that the list consists of 1,000 federal contractors and subcontractors selected for a Compliance Review (Establishment Review), Corporate Management Compliance Evaluation, Functional Affirmative Action Program Review or a…
Significantly Expanded OFCCP Scheduling Letter and Itemized Listing Now In Effect
Updated: September 2, 2023.
On August 25, 2023, OFCCP announced the implementation of its revised Combined Scheduling Letter and Itemized Listing, which “applies to supply and service compliance evaluations scheduled on or after August 24, 2023.” The documents are provided to contractors at the outset of OFCCP audits…
OFCCP Publishes Rule Modifying Pre-Enforcement Notice and Conciliation Procedures
On August 4, 2023, OFCCP published its final rule, “Pre-Enforcement Notice and Conciliation Procedures” (the “New Rule”) which “modif[ies] procedures and standards [OFCCP] uses when issuing pre-enforcement notices and securing compliance through conciliation.” In a blog post, OFCCP Acting Director Michele Hodge touts the final rule as one that…
OFCCP Acting Director Addresses OFCCP Priorities and Initiatives
Speaking at the annual NILG conference, on August 2, 2023, OFCCP Acting Director Michele Hodge addressed hundreds of attendees in a wide ranging speech, discussing the agency’s priorities and initiatives. Among other highlights of her address:
- Acting Director Hodge made clear that OFCCP does not view the recent Supreme
FAR Council Bans TikTok from Federal Contractor Devices
On June 2, 2023, the Federal Acquisition Regulation (FAR) Council published an interim rule which requires contracting officers to insert a new clause – FAR 52.204-27 – in solicitations after June 2, 2023 or when exercising an option or modifying an existing task or delivery order after that date.
The…