On October 30, 2024, the District Court for the Southern District of Texas preliminarily enjoined the Department of Labor (“DOL”), the Secretary of Labor, the Office of Federal Contract Compliance Programs (“OFCCP”), and the presiding Administrative Law Judge (“ALJ”) from proceeding with an administrative case against ABM Industry Groups, LLC.
OFCCP Publishes Notice of NEW FOIA Request and Provides Opportunity for Contractors to Object to Release of Their 2021 EEO-1 Type 2 Reports
On October 28, 2024, the Office of Federal Contract Compliance Programs (“OFCCP”) published a notice in the Federal Register informing federal contractors that the agency has received two new Freedom of Information Act (“FOIA”) requests from the University of Utah and a non-profit organization named “As You Sow” (the “Requests”).
OFCCP Issues Directive Updating Expedited Conciliation Procedures
On July 26, 2024, OFCCP published Directive 2024-01: Expedited Conciliation Procedures (the “Directive”). The Directive is intended to “outline updated procedures for an expedited conciliation option, giving contractors and the agency flexibility in the resolution of violations.”
Background
Directive 2024-01 rescinds and replaces DIR 2019-02, Early Resolution Procedures, which established
FAR Council Proposes Rule Requiring Contractors to Identify Subcontractors and Report Subcontractors’ Executive Compensation Information
On May 24, 2024, the Federal Acquisition Regulation (“FAR”) Council published a Notice and request for comments for 9000-0177, Reporting Executive Compensation and First-tier Subcontract Awards.
If approved, the new FAR will require contractors to: (1) publicly report certain information on their first tier subcontractors; and (2) report compensation information
Reminder: Deadline for Contractors to Certify AAP Compliance is July 1, 2024
As we previously reported, federal contractors and subcontractors (“Contractors”) have until July 1, 2024 to certify the status of their Affirmative Action Programs (“AAPs”) with the OFCCP Contractor Portal. Specifically, covered Contractors are asked to certify, on an annual basis, whether they have met their obligation “to develop
OFCCP Issues Its 2024 Audit List – Was Your Company On It?
On June 7, 2024, OFCCP released its latest Corporate Scheduling Announcement List (CSAL). The list identifies 500 supply and service contractors and subcontractors selected for a Compliance Review (Establishment Review), Corporate Management Compliance Evaluation, Functional Affirmative Action Program Review, or University Review. Note that the list merely notifies contractors that
OFCCP Releases 2024 VEVRAA Hiring Benchmark
The Office of Federal Contract Compliance Programs (“OFCCP”) has released its 2024 Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) benchmark. Effective March 31, 2024, the new benchmark is 5.2%, a slight decrease from 2023’s 5.4% benchmark. This is OFCCP’s ninth reduction of the benchmark, which has steadily declined since its
DOL Announces Contractor Portal Will Open For AAP Certification On April 1
On March 25, 2024, the U.S. Department of Labor (“DOL”) announced that its Contractor Portal will open to receive Affirmative Action Program (“AAP”) certification submissions on April 1, 2024. Certifications must be made by July 1, 2024.
Since launching the Contractor Portal in 2022, OFCCP has required covered federal contractors
Biden Administration Proposes New Pay Inquiry and Transparency Requirements For Contractors
On January 29, 2024, the 15th anniversary of the enactment of the Lilly Ledbetter Fair Pay Act, the Biden Administration announced that it would be taking new actions to implement the Executive Order on Advancing Economy, Efficiency, and Effectiveness in Federal Contracting by Promoting Pay Equity and Transparency issued
Court Orders Release of Contractor EEO-1 Reports
UPDATE: On February 15, 2024, the DOL appealed the lower court’s decision ordering the release of the 2016–2020 Type 2 Consolidated EEO-1 Reports to the Ninth Circuit. The court has temporarily stayed the release of the Reports as a result of the DOL’s appeal.
Original post: On December 22, 2023