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
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 VEVRAA FAQs address questions regarding data collection analysis and the term “jobs filled,” self-identification at the pre-offer and
Obama Administration Announces Expansion of Executive Order 11246 to Protect LGBT Workers of Federal Government Contractors
Today, the White House announced that President Obama will issue an executive order that bans federal contractors from discriminating on the basis of sexual orientation and gender identity. According to White House staff, the executive order will build upon existing protections that “generally prohibit federal contractors and subcontractors from discriminating
OFCCP Expected to Issue Pay Data Tool and Retaliation Proposed Rules Later this Year
According to the Labor Department’s semiannual regulatory agenda, released on May 23, 2014, the Office of Federal Contract Compliance Programs (OFCCP) plans to issue proposed rules regarding federal contractor compensation practices later this year. The rules are intended to create more transparency and combat pay discrimination in accordance with Executive
First Circuit Rules on Scope of FCA First-to-File Rule in U.S. v. Bristol Myers Squibb, Inc.
The First Circuit ruled last week that an earlier-filed False Claims Act complaint will preclude a later-filed complaint if it arises out of the same underlying facts, even if the allegations are not identical.
The case concerns claims by two relators asserting claims against Bristol-Myers Squibb, Inc. (“BMS”) and Sanofi-Aventis
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
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 for an additional $1.1 million dedicated to strengthening efforts to eliminate pay discrimination affecting women. The 10 additional employees requested in the budget are intended to support this effort. OFCCP’s augmented focus on pay equity in FY 2015 continues OFCCP’s focus on compensation issues, including the issuance of a recent Directive concerning compensation analyses and audits and a notice of rulemaking concerning a new compensation data collection tool.
Other highlights include:
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
Government Recommends Supreme Court NOT Hear Takeda Case
The U.S. Solicitor General has asked the Supreme Court not to hear an appeal in a False Claims Act (“FCA”) case against Takeda North America Pharmaceuticals, Inc. The Fourth Circuit had dismissed the case because the plaintiff failed to plead the allegations of fraud with particularity.
Specifically, the government stated
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