Government Contractor Compliance & Regulatory Update

Tag Archives: federal contractors

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

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

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

According to a report in the New York Times, the White House is currently considering an Executive Order (“EO”) requiring federal contractors to provide paid sick leave to their employees. According to the report, the “Executive Order Establishing Paid Sick Leave For Contractors,” if issued, would mandate that some federal contractors provide their employees up … 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

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

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

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that the proposed guidance and regulations for the Fair Pay and Safe Workplaces Executive Order (the “Order”) be withdrawn.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

OFCCP Seeks Final Approval Of Its Pay Transparency Regulations From OMB

OFCCP recently sent its proposed final regulations implementing Executive Order 13665 (the “Order”) to the Office of Management and Budget (“OMB”) for final approval. The Order, among other things, mandates that federal contractors disclose additional compensation information to employees and permit employees openly to discuss compensation without retribution. The Order directed the U.S. Department of … Continue Reading

Senators Push For President Obama To Issue Executive Order Providing Federal Contractor Preference To “Model Employers”

On May 15, 2015, a group of Democratic Senators sent a letter to President Obama, urging him to provide incentives to federal contractors to become what they call “model employers.” According to the letter, model employers are contractors who provide “a living wage, offer fair healthcare and retirement benefits, grant paid leave for sickness and … 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

DOL Announces Five-Year OFCCP Moratorium For TRICARE Providers

Secretary of Labor Thomas E. Perez announced last month that the Office of Federal Contract Compliance Programs (OFCCP) will issue a directive establishing a five-year moratorium on enforcement of affirmative action obligations for TRICARE providers.  In his March 11, 2014 letter to the leadership of the House Committee on Education and the Workforce, Secretary Perez … Continue Reading

President Takes Executive Action Over Pay Equity By Federal Government Contractors

Today, in connection with “Equal Pay Day” ceremonies at the White House, President Obama issued an Executive Order and a Presidential Memorandum aimed at ensuring that employees of Federal government contractors and subcontractors are not discriminated against with regard to compensation on the basis of race, color, religion, sex, or national origin. The Presidential Memorandum … Continue Reading

Obama Requests Increased OFCCP Funding in FY 2015 Budget

On March 4, 2014, Secretary of Labor Thomas Perez released OFCCP’s FY 2015 budget request, which includes a request for over $107 million in funding for OFCCP’s operations.  This amount represents a $3 million increase over 2014, including funding for an additional 10 full-time equivalent employees. Significant in the FY 2015 budget is a request … Continue Reading

White House Announces Additional Executive Orders For Federal Government Contractors

President Obama is expected to sign two executive orders that will impose additional compliance obligations on federal government contractors.  The first order will reportedly bar federal contractors from retaliating against employees for discussing pay issues with co-workers.  The President is also expected to sign a second executive order directing the Department of Labor to promulgate … Continue Reading

OFCCP Adds New Resources to Disability and Veterans Community Resources Directory

Last month, the Office of Federal Contract Compliance Programs (OFCCP) created the Disability and Veterans Community Resources Directory.  The goal of the Directory is to assist contractors in locating community and other resources for recruiting veterans and individuals with disabilities.  The Directory contains a non-exhaustive list of groups and organizations that are available to provide … Continue Reading

District Court Rejects Challenge to Section 503 Final Rule

On Friday, March 21, 2014, Federal District Judge Emmet Sullivan ruled in favor of the Office of Federal Contractor Compliance Programs’ (“OFCCP”) recent rule implementing Section 503 of the Rehabilitation Act, denying a challenge by the Associated Builders and Contractors trade organization (“ABC”).  As a result, OFCCP’s Rule—“Affirmative Action and Nondiscrimination Obligations of Contractors and … Continue Reading

Congress To Hold Hearing On OFCCP Jurisdiction

On Thursday March 13, 2014 at 10:00 a.m., the Subcommittee on Workforce Protections will hold a hearing on the Protecting Health Care Providers from Increased Administrative Burdens Act (H.R. 3633).  H.R. 3633 is a response by the House of Representatives to recent efforts by the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) … 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

Department of Defense and General Services Administration Make Cybersecurity Recommendations for Contractors

On January 23, 2014, the Department of Defense and General Services Administration issued a final report making recommendations for the development of cybersecurity standards in the acquisition and contracting process.  The report, entitled “Improving Cybersecurity and Resilience Through Acquisition,” seeks “to recommend how cyber risk management and acquisition process in the Federal government can be … Continue Reading

OFCCP Has Issued Announcement Letters

OFCCP has issued the most recent set of Corporate Scheduling Announcement Letters (CSALs).  A CSAL provides notice to an establishment that OFCCP has selected it for a compliance evaluation.  OFCCP has announced that, rather than send CSALs to contractor’s headquarters, they will be sent to the individual establishments that will be audited.  Federal contractors should … Continue Reading

OFCCP Publishes FAQs Addressing Implementation of the New VEVRAA and Section 503 Final Rules

On December 17, 2013, the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) published additional 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. As discussed in prior Government Contractor Compliance & Regulatory Update posts on August 27, … Continue Reading

Post-Shutdown Issues Facing Government Contractors Who Employ Foreign Nationals in the United States

Connie N. Bertram, co-head of Proskauer’s DC Labor and Employment practice and co-head of the Government Contractor Compliance and Relations Group, was interviewed by Human Resource Executive regarding the impact of the government shutdown on government contractors.  Ms. Bertram highlighted the dilemma facing contractors who received a stop-work order and who employ foreign nationals in … Continue Reading

Preparing for Future Government Shutdowns

Connie N. Bertram, co-head of Proskauer’s DC Labor and Employment practice and co-head of the Government Regulatory Compliance and Relations Group, was interviewed by Metropolitan Corporate Counsel regarding the impact of the government shutdown on government contractors and the steps contractors should take in preparation for another possible government shutdown and debt default.  Ms. Bertram … Continue Reading

Navigating Post-Shutdown Employment Law Issues For Government Contractors

After more than two weeks, the federal government shutdown finally ended late in the evening on October 16, 2013.  Although the end of the shutdown is great news for federal employees and government contractors, the last three weeks have forced many government contractors to take emergency steps as a result of the economic impact caused … Continue Reading

More Practical Employment Law Issues Facing Government Contractors As The Federal Government Shutdown Continues

The federal government shutdown is now entering its third week.  Although there are some hopeful signs here in Washington that an agreement that will allow the federal government to reopen will be reached, it is unclear when a deal will be forged.  This political tug-of-war has left many government contractors in limbo.  Already facing stop-work … Continue Reading

OFCCP Suspends Operations During Government Shutdown

The Office of Federal Contract Compliance Programs (“OFCCP”) suspended its operations on October 1, 2013 as part of the Federal government shutdown.  Under the Department of Labor’s (“DOL”) appropriations contingency plan, OFCCP will furlough all of its employees during the shutdown.   Federal contractors and subcontractors will not receive communications or correspondence from OFCCP staff during … Continue Reading
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