Government Contractor Compliance & Regulatory Update
Alex Weinstein

Alex Weinstein

Associate

As a Labor & Employment associate, Alex Weinstein represents employers in all aspects of employment litigation and counseling. One of Alex’s primary practice areas involves advising federal government contractors and subcontractors on unique employment, affirmative action and other compliance issues that arise in the government contracts sphere. Some examples of his work include developing and implementing policies and programs; conducting internal audits and investigations; preparing affirmative action plans; advising contractors and subcontractors with respect to all aspects of Office of Federal Contract Compliance Programs (OFCCP), Service Contract Act (SCA) and Davis-Bacon Act compliance; and defending clients during OFCCP and Department of Labor audits and enforcement proceedings.

Alex’s practice also includes defending companies in both federal and state courts in various industries. His litigation practice has included class and collective actions, general labor and employment, executive disputes, whistleblower claims, government contractor compliance, employee mobility disputes and wage and hour litigation. He also advises clients on all aspects of employment law, including wage and hour practices, whistleblowers, trade secret and confidential information protection in relation to the Defend Trade Secrets Act of 2016, leave policies, reductions in force, labor relations, flu vaccination policies and FMLA and ADA compliance and administration.

Subscribe to all posts by Alex Weinstein

OFCCP Director Resigns

Ondray T. Harris, Director of the Office of Federal Contractor Compliance Programs (“OFCCP”), resigned on July 27, 2018. No public explanation for his resignation has been provided, which came only eight months after he assumed the position. Reports indicate that Craig Leen, Senior Advisor to the OFCCP, will step into the role as Acting Director … Continue Reading

POTENTIAL GOVERNMENT SHUTDOWN – What Every Government Contractor Needs To Know

Once again, a government shutdown seems inevitable.  During previous government shutdowns, government agencies and departments issued stop-work orders, grinding work on government projects and contracts to a halt.  Contractors were then faced with the difficult task of remaining in compliance with their obligations to their employees while work and funding for those contracts has ceased. … Continue Reading

OFCCP Settles Hiring Discrimination Case with LandCare USA, LLC

The Austin, Texas location of LandCare USA, LLC (the “Company”), a company providing landscaping services, recently entered into a conciliation agreement with the Office of Federal Contractor Compliance Programs (“OFCCP”) to settle claims that the Company had discriminated in its hiring of females, and non-Hispanic applicants in its Laborer job group.  The Company has agreed … Continue Reading

OFCCP Appoints New Director (Not Craig Leen)

Two weeks after reports emerged that a new director of the Office of Federal Contractor Compliance Programs (“OFCCP”) had been appointed, according to the OFCCP’s website, Ondray T. Harris has been appointed as the next director of the OFCCP.  The OFCCP’s website lists former Acting Director Thomas Dowd as the Deputy Director of the agency, … Continue Reading

Reports: Craig Leen’s Appointment As OFCCP Director Remains Uncertain

As we previously reported, various media outlets reported earlier this month that Coral Gables City Attorney, Craig Leen, would be appointed Director of the Office of Federal Contractor Compliance Programs (“OFCCP”).  These reports came amid silence by the Trump administration as to the anticipated appointment. Since our last post, the confusion over Mr. Leen’s role … Continue Reading

Reports: New OFCCP Director Appointed

According to multiple sources, on November 13, 2017, Craig E. Leen, was appointed the new Director of the Office of Federal Contractor Compliance Programs (“OFCCP”).  Mr. Leen has been the City Attorney for Coral Gables, Florida since 2011.  He has also served as an adjunct professor of law for universities in Florida.  If the published … Continue Reading

OFCCP Files Its First Complaint Against A Federal Contractor During the Trump Administration

On October 10, 2017, the U.S. Office of Federal Contractor Compliance Programs (“OFCCP”) filed its first Complaint against a federal contractor since President Trump took office. The Complaint alleges that contractor Advance 2000 Inc. (the “Contractor”) violated a June 2015 conciliation agreement with OFCCP by failing to submit required progress reports and failing to respond to … Continue Reading

OFCCP Issues Compliance Relief to Federal Contractors in Wake of Devastating Hurricanes

In the wake of the devastating series of hurricanes throughout the United States, the Office of Federal Contractor Compliance Programs (“OFCCP”) has provided compliance exemptions to federal contractors providing hurricane relief.  OFCCP has issued three National Interest Exemptions:  one for Hurricane Harvey; one for Hurricane Irma; and one for Hurricane Maria. The notices provide contractors … Continue Reading

Federal Contractor Minimum Wage Increase Announced – Changes Effective January 1, 2018

On September 15, 2017, 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 a previous blog post on … Continue Reading

Department Of Labor Challenges ALJ’s Decision On Google’s Obligation To Respond To OFCCP Data Requests

In July, we reported that an Administrative Law Judge (“ALJ”) had ruled on OFCCP’s dispute with Google over the tech giant’s refusal to turn over certain documents in connection with a routine audit of Google’s headquarters. In his Recommended Decision and Order, the ALJ narrowed the scope of what OFCCP could request from Google without … Continue Reading

Trump Administration Signals Delay in Merger of EEOC and OFCCP

As we previously reported, President Trump, as part of his Fiscal Year 2018 Budget request, proposed a merger of the Office of Federal Contractor Compliance Programs (“OFCCP”) and the Equal Employment Opportunity Commission (“EEOC”) to “promote greater efficiency and effectiveness.”  In an August 24, 2017 letter, Acting Director of the OFCCP, Thomas Dowd, signaled a … Continue Reading

U.S. House Committee on Appropriations Votes to Defund Revised Form EEO-1 Requiring Disclosure of Pay Data

On July 13, 2017, the House Committee on Appropriations voted to defund efforts to implement the Equal Employment Opportunity Commission’s (“EEOC”) revised Form EEO-1.  If the Appropriations Bill is ultimately passed, it will severely limit the EEOC’s ability to implement its revised EEO-1.… Continue Reading

Google Prevails, In Part (And For Now), In Compensation Data Dispute With OFCCP

On July 14, 2017, an Administrative Law Judge (“ALJ”) for the Department of Labor issued a Recommended Decision and Order (the “Opinion”) in the case brought by the Office of Federal Contractor Compliance Programs (“OFCCP”) against Google over Google’s refusal to turn over certain employee data as part of a compliance audit.  The ALJ’s thorough … Continue Reading

BREAKING: Blacklisting Rule Is Officially and Completely Dead

Yesterday (March 27, 2017), President Trump signed into law a Congressional Joint Resolution of Disapproval (the “Resolution”), revoking the rules implementing the controversial Fair Pay and Safe Workplaces Executive Order, better known as the Blacklisting Rule.  The same day, President Trump issued a new Executive Order – The “Presidential Executive Order on the Revocation of … Continue Reading

EFFECTIVE TODAY: FAR Barring Certain Contractor Confidentiality Agreements

Today (January 19, 2017), the Employee Internal Confidentiality Agreements or Statements Federal Acquisition Regulation (the “Rule”) goes into effect.  The Rule prohibits the government from contracting with companies that require employees or subcontractors to sign “internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or … Continue Reading

Effective January 1, 2017: New Federal Contractor Paycheck Transparency, Independent Contractor Notice, and Paid Sick Leave Obligations

On January 1, 2017, new federal contract paycheck transparency, independent contractor notification, and paid sick leave requirements go into effect.  Below we summarize the key elements of these new regulatory requirements.… Continue Reading

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

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

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

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.… Continue Reading

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

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.… Continue Reading

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

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

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
LexBlog