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Government Contractor Compliance & Regulatory Update

Tag Archives: Department of Labor

Trump Administration’s Budget Proposes Major Changes For OFCCP

Posted in Department of Labor, OFCCP

On May 23, 2017, the Trump Administration released its proposed fiscal year 2018 budget. Not surprisingly, the budget proposes significant changes for the Office of Federal Contract Compliance Programs (“OFCCP”).  In the Department of Labor’s budget proposal, the Administration has laid the groundwork to merge the OFCCP into the Equal Employment Opportunity Commission (“EEOC”) by… Continue Reading

BREAKING: FEDERAL JUDGE ENJOINS IMPLEMENTATION OF PART OF FAIR PAY AND SAFE WORKPLACES (“BLACKLISTING”) EXECUTIVE ORDER, REGULATIONS, AND GUIDANCE

Posted in Department of Labor, Federal Acquisitions, Federal Contractors, Labor Law

On October 24, 2016, just one day prior to effective date of the Regulations and Guidance implementing the Fair Pay and Safe Workplaces Executive Order (collectively the “Rule”), Judge Marcia Crone of the U.S. District Court for the Eastern District of Texas enjoined the implementation of almost every provision of the Rule.  Specifically, Judge Crone… Continue Reading

Challenge To The Fair Pay And Safe Workplaces (“Blacklisting”) Rule To Be Heard On October 21, 2016

Posted in Department of Labor, Federal Acquisitions, Federal Contractors, Labor Law

On October 7, 2016, the first lawsuit challenging the Fair Pay and Safe Workplaces Executive Order (the “Order”) and its Final Rule and Guidance (collectively the “Rule”) was filed in the U.S. District Court for the Eastern District of Texas.  The lawsuit, seeks a preliminary injunction preventing implementation of the Rule, declaratory judgment declaring the… Continue Reading

GAO Releases Detailed Report Criticizing The OFCCP

Posted in Department of Labor, OFCCP

The Government Accountability Office (“GAO”) has released a report critical of the Office of Federal Contractor Compliance Programs (“OFCCP”) and making suggestions for improvement.  The report followed the GAO’s investigation into the OFCCP’s practices, including conducting interviews with 27 industry groups and 24 government contractors.

BREAKING: DOL Publishes Final Rule Requiring Federal Contractors To Provide Paid Sick Leave To Employees

Posted in Department of Labor, Labor Law

Today, the U.S. Department of Labor (“DOL”) published its final rule implementing Executive Order 13706 (the “Final Rule”), which requires certain federal contractors and subcontractors to provide paid sick leave to their employees.  Our previous blog posts on this development can be found here and here.

Rule Governing Paid Sick Leave for Federal Contractors Completes OMB Review Process

Posted in Department of Labor, Federal Acquisitions

As reported today in Politico, the rule effectuating Executive Order 13706 (the “Order”), which requires certain federal contractors and subcontractors to provide their workers up to seven days of paid sick leave annually, has completed the Office of Management and Budget (“OMB”) review process.  Our previous blog posts on the subject can be found here… Continue Reading

Federal Contractor Minimum Wage Increase Announced – Changes Effective January 1, 2017

Posted in Compensation, Department of Labor

Yesterday, the Department of Labor announced an increase in the minimum wage that certain federal contractors must pay to employees.  This comes as part of a planned incremental increase in the federal contractor minimum wage implemented by President Obama’s 2014 Executive Order (the “Order”). As discussed in our previous blog post on the Order, the… Continue Reading

Department of Labor Announces “Preassessment” Program For Government Contractors

Posted in Department of Labor, Federal Acquisitions, Labor Law

Loyal readers of this blog are well aware of the Fair Pay and Safe Workplaces Executive Order and corresponding regulations which go into effect next month.  Those looking to learn more about the topic can access our recent webinar and blog post on the “Blacklisting” regulations and what contractors should be doing now to prepare… Continue Reading

Proskauer Hosts Webinar On New “Blacklisting” Regulations

Posted in Department of Labor, Federal Acquisitions, Labor Law

On September 13, 2016, Proskauer Partners Connie Bertram and Guy Brenner hosted “The Final Blacklisting Regulations:  What Contractors Need to Know” webinar as a follow-up to our blog post “FAR Council Issues Final Rule and DOL Issues Final Guidance on Fair Pay and Safe Workplace”.  For those who were unable to attend the webinar, it… Continue Reading

BREAKING NEWS:  FAR Council Issues Final Rule and DOL Issues Final Guidance on Fair Pay and Safe Workplaces (“Blacklisting”) Executive Order, Effective October 25, 2016

Posted in Department of Labor, Federal Acquisitions, Labor Law

Today, the Federal Acquisition Regulations Council (“FAR Council”) and the U.S. Department of Labor (“DOL”) issued its Final Rule and Guidance implementing the Fair Pay and Safe Workplaces Executive Order (the “Order”), commonly referred to as the “blacklisting” rule.  In total, the Final Rule, Guidance, and accompanying commentary totaled nearly 900 pages, responding to nearly… Continue Reading

BREAKING: FAR Council Publishes Final Rule On Fair Pay and Safe Workplaces (“Blacklisting”) Executive Order

Posted in Federal Acquisitions, Labor Law

Today, the Federal Acquisition Regulation Council (“FAR Council”) published the final rule regarding the Fair Pay and Safe Workplaces Executive Order (the “Order”), better known as the “blacklisting” rule.  The Order imposes a host of new obligations on government contractors with more than $500,000 in government contracts, including an obligation to report various labor law… Continue Reading

Obama Administration Publishes Spring Agency Rule List Highlighting Key Dates For Final Publication of Controversial Regulations

Posted in Department of Labor

The Obama administration has released its Spring Agency Rule List.  The list provides updates on the priorities of the Obama administration as it relates to pending rules and regulations.  The agenda notes that the Obama administration aims to issue the Final Rule implementing the Fair Pay and Safe Workplaces Executive Order (the “Order”) by August… Continue Reading

Fair Pay And Safe Workplaces Regulations Sent To OMB For Approval

Posted in Department of Labor, Federal Acquisitions, OFCCP

On May 4, 2016, the Office of Management and Budget (“OMB”) received proposed final regulations for the implementation of President Obama’s controversial Fair Pay and Safe Workplaces Executive Order (the “Order”).  The Order, often referred to as the “blacklisting regulation,” imposes additional disclosure and compliance obligations on federal government contractors with contracts valued at $500,000… Continue Reading

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

Posted in Compensation, Department of Labor

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

Department of Labor Issues Proposed Rule Implementing Executive Order Requiring Federal Contractors To Provide Employees Paid Sick Leave

Posted in Department of Labor

On February 24, 2016, the U.S. Department of Labor released a proposed rule to implement President Obama’s September 7, 2015 Executive Order requiring federal contractors to provide paid sick leave to employees.  The rule is scheduled to be published in the Federal Register on February 25, 2016. Our original blog post on the executive order… Continue Reading

New Pay Transparency Rules Go Into Effect January 11, 2016 – OFCCP Offers Webinar To Explain New Obligations

Posted in Department of Labor, Discrimination, OFCCP

On January 11, 2016, the final rule implementing Executive Order 13665 (the “Order”) goes into effect. The Order prohibits federal contractors from firing or otherwise disciplining employees or job applicants for discussing their pay or the pay of their co-workers.  Our previous blog post outlining the final rule’s requirements can be found here. Today (January… Continue Reading

DOL Settles Systemic Hiring and Pay Discrimination Claim With Government Contractor For Close to $2 Million

Posted in Compensation, Department of Labor, Discrimination, OFCCP

On November 19, 2015, the U.S. Department of Labor (“DOL”) Office of Federal Contract Compliance Programs (“OFCCP”) announced that it reached a settlement with nine locations of a government contractor “to remedy systemic hiring and pay discrimination violations.”  The contractor in question provides uniform and facility services products to private businesses and the federal government. The… Continue Reading

U.S. Department of Labor Publishes Final Rule Implementing Pay Transparency Executive Order

Posted in Department of Labor, Discrimination, OFCCP

Today (September 10, 2015), the Department of Labor issued its final rule, implementing Executive Order 13665  (the “Order”), which prohibits federal contractors from firing or otherwise disciplining employees or job applicants for discussing their pay or the pay of their co-workers.  The final rule goes into effect on January 11, 2016. The final rule comes… Continue Reading

BREAKING: Obama Administration Issues Executive Order Requiring Federal Contractors To Provide Employees Paid Sick Leave

Posted in Department of Labor, Federal Acquisitions

On September 7, 2015, the President issued the Establishing Paid Sick Leave for Federal Contractors Executive Order (the “Order”) requiring federal contractors to provide up to 56 hours (7 days) of paid sick leave per year to their employees on new contracts entered into after January 1, 2017.  The White House anticipates that the Order… Continue Reading

The American Bar Association Joins Growing Chorus Of Groups Raising Concerns About Fair Pay And Safe Workplaces Regulations

Posted in Federal Acquisitions, OFCCP

On August 26, 2015, the Section of Public Contract Law of the American Bar Association (“ABA”) submitted public comments to the General Services Administration (“GSA”) and the U.S. Department of Labor (“DOL”) on their proposed regulations and guidance implementing the Fair Pay and Safe Workplaces Executive Order (the “Order”). In its eighteen-page letter, the ABA raises… Continue Reading

For The Second Time, DOL And FAR Council Extend Notice and Comment Period For Guidance And Regulations Implementing The Fair Pay And Safe Workplaces Executive Order

Posted in Department of Labor, Federal Acquisitions, OFCCP

Today (August 5, 2015), the U.S. Department of Labor (“DOL”) published an announcement in the Federal Register informing the public that both it and the FAR Council have extended the notice and comment period for the proposed guidance and regulations implementing the Fair Pay and Safe Workplaces Executive Order (the “Order”). The public now has… Continue Reading

OFCCP Publishes New Outreach and Education Poster

Posted in Department of Labor, Discrimination, OFCCP

On August 3, 2015, the Office of Federal Contractor Compliance Programs (“OFCCP”) published a new poster. According to OFCCP, the Outreach and Education poster is the result of “feedback received during stakeholder listening sessions.” OFCCP explains that the aim of the poster is to “increase public awareness of OFCCP and its mission,” as well as… Continue Reading

Members of Congress Request Withdrawal Of Proposed Guidance And Regulations For Fair Pay And Safe Workplaces Executive Order

Posted in Department of Labor, Federal Acquisitions, OFCCP

On July 15, 2015, eight members of Congress sent a letter to the U.S. Secretary of Labor and the Administrator for the Office of Federal Procurement Policy, requesting that the proposed guidance and regulations for the Fair Pay and Safe Workplaces Executive Order (the “Order”) be withdrawn. This letter comes just days after the Department… Continue Reading