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Government Contractor Compliance & Regulatory Update

Tag Archives: OFCCP

OFCCP Proposes Rule Regarding Pay Transparency for Federal Contractors

Posted in Compensation, OFCCP

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

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

Posted in Discrimination, Employment Law, OFCCP

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

OFCCP Announces Settlement Regarding Hiring Discrimination

Posted in Discrimination, OFCCP

The Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) recently announced that it reached a settlement with federal contractor Parson Brinckerhoff (“Parsons”) regarding claims of hiring discrimination based on race and ethnicity. During a scheduled compliance review, OFCCP determined that Parsons engaged in hiring discrimination between 2010 and 2012 that affected 247 Hispanic,… Continue Reading

OFCCP Hosts Executive Order 13665 and Presidential Memorandum “Listening Session”

Posted in OFCCP

On April 29th, 2014, the OFCCP hosted a “Listening Session” to solicit comments from the government contractor community regarding suggested implementing regulations for Executive Order 13665 (“EO 13665”) and a new Presidential Memorandum, which were signed by President Obama on April 8, 2014. EO 13665 prohibits discrimination and retaliation against employees who discuss their compensation… Continue Reading

DOL Announces Five-Year OFCCP Moratorium For TRICARE Providers

Posted in OFCCP

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

OFCCP Withdraws Claim Regarding TRICARE Jurisdiction

Posted in OFCCP

Last week, the Office of Federal Contract Compliance Programs (OFCCP) dismissed OFCCP’s 2008 complaint against Florida Hospital of Orlando.  In its Order of Dismissal, the Administrative Law Judge (ALJ) reported that OFCCP notified its office on March 28, 2014 of its intent to withdraw the agency’s long-running enforcement proceeding against Florida Hospital.  The ALJ granted… Continue Reading

Obama Requests Increased OFCCP Funding in FY 2015 Budget

Posted in OFCCP

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

Posted in OFCCP

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

Posted in Disability, OFCCP

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

OFCCP Updates FAQs On Section 503 And Veterans’ Regulations

Posted in Affirmative Action, Affirmative Action Plan (AAP), Department of Labor, Disability, Discrimination, Employment Law, OFCCP, Veterans

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

District Court Rejects Challenge to Section 503 Final Rule

Posted in Disability, OFCCP

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

OFCCP Launches New Database to Help Contractors Identify Candidates with Disabilities and Protected Veterans and Facilitate Relationships with Organizations

Posted in Labor Law, OFCCP

On March 13, 2014, the Office of Federal Contract Compliance Programs (OFCCP) launched a new database (1) to help contractors find qualified workers with disabilities and veterans, and (2) to assist contractors in establishing relationships with national organizations and local community groups that have access to these workers. Contractors can visit OFCCP’s Disability and Veterans… Continue Reading

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

Posted in Disability, Employment Law, OFCCP, Veterans

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

Congress To Hold Hearing On OFCCP Jurisdiction

Posted in OFCCP

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

OFCCP Updates Website With Resources For Section 503 Compliance

Posted in Disability, Labor Law, OFCCP

OFCCP recently updated its website with additional information for contractors to assist with their compliance with the final rule issued under Section 503 of the Rehabilitation Act.  The information addresses recruiting individuals with disabilities, encouraging self-disclosure of disabilities, and information about assistive technology.  OFCCP also recently updated other parts of its website as discussed in… Continue Reading

OFCCP Updates FAQs On Section 503 And Veterans’ Regulations

Posted in OFCCP

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 FAQs address a range of questions that have arisen since the OFCCP first announced the final rules in August 2013.  Most of the new requirements… Continue Reading

OFCCP Seeks Comments On Discrimination Complaint Form

Posted in Discrimination, Employment Law, OFCCP

OFCCP is seeking public comment its form for individual complaints of discrimination and retaliation.  An employee or applicant of a federal contractor may file a complaint of discrimination or retaliation with the OFCCP.  The OFCCP has a form for such complaints, designated Form CC-4.  The two-page form seeks identifying information about the complainant, a description… Continue Reading

OFCCP Has Issued Announcement Letters

Posted in OFCCP

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

OMB Approves Section 503 Voluntary Self-Identification Form

Posted in Employment Law, OFCCP

On January 22, 2014, after several months of review, the Office of Management and Budget (“OMB”) finally approved the voluntary self-identification form required by the Section 503 Final Rule that becomes effective on March 24, 2014. The Office of Federal Contract Compliance Program (“OFCCP”) designed the self-identification form to alleviate contractor concerns that collecting disability… Continue Reading

DOL Seeks Remand Of District Court Case Regarding OFCCP’s Data Gathering Authority

Posted in Affirmative Action, Department of Labor, Employment Law, OFCCP

Earlier this week the Department of Labor moved to remand Frito-Lay’s lawsuit seeking to block the production of employment data in connection with an OFCCP investigation into discrimination at its Dallas facility.  Frito-Lay, Inc. v. Department of Labor, 3:12-cv-01747 (N.D. Tex. 2012).  The resolution of this case may impact the scope of OFCCP’s authority to… Continue Reading

Proskauer Offers Webinar on Key 2013 Developments

Posted in Employment Law, OFCCP

Proskauer recently made available a webinar on the key developments in labor and employment for the Washington DC area in 2013.  The webinar includes a discussion of the OFCCP’s final rules implementing the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) and Section 503 of the Rehabilitation Act regarding individuals with disabilities.  This webinar is part… Continue Reading

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

Posted in Affirmative Action Plan (AAP), Department of Labor, Employment Law, OFCCP

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

Veterans Day Edition: The Federal Government’s Emphasis on Training and Hiring Veterans

Posted in Employment Law, OFCCP

In honor of Veterans Day, this alert addresses contractors’ obligations with respect to veterans.  As readers of this blog are aware, on August 27, 2013, the Office of Federal Contract Compliance Programs released its final rule affecting federal contractor obligations under the Vietnam Era Veterans’ Readjustment Assistance Act.  Among other obligations, the final rule establishes… Continue Reading

Preparing for Future Government Shutdowns

Posted in Employment Law, Labor Law, OFCCP

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