Ryan Hutzler

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Effective June 12, 2017, executive branch agency employees, contractors and subcontractors who have access to classified information or hold sensitive positions must report personal trips abroad as well as a wide range of foreign contacts. This new security directive, “Reporting Requirements for Personnel With Access to Classified Information or Who Hold a Sensitive Position,” was issued by the Office of the Director of National Intelligence and establishes fundamental reporting requirements while still allowing agency heads to impose additional reporting requirements in accordance with their respective authorities.

On May 23, 2017, the Trump Administration released its proposed fiscal year 2018 budget. Not surprisingly, the budget proposes significant changes for the Office of Federal Contract Compliance Programs (“OFCCP”).  In the Department of Labor’s budget proposal, the Administration has laid the groundwork to merge the OFCCP into the Equal Employment Opportunity Commission (“EEOC”) by the end of fiscal year 2018.  The merger is touted as intended to promote “greater policy coordination, management efficiency, and cost-effectiveness.”  According to the Administration, maintaining OFCCP as a separate agency “does not take full advantage of the opportunities to improve employment civil rights protection.”  It is worth noting that although the merger is the focal point of the OFCCP budget proposal, it appears to have little support outside of the Administration. Indeed, opposition to the proposal is shared by both business groups and workers’ rights advocates.

Earlier today, the Office of Federal Contract Compliance Programs (OFCCP) announced that the Office of Management and Budget renewed the voluntary self-identification form for individuals with disabilities for an additional three years. This renewed Voluntary Self-Identification of Disability form is exactly the same as the prior form, except that it…

On January 9, 2017, New York Governor Andrew Cuomo signed an Executive Order that requires state contractors to disclose, in addition to data on gender, race, and ethnicity that is already required, job title and salary data for all of their employees working on state contracts (or their entire workforce if those working on state contracts cannot be identified). The Order, “Ensuring Pay Equity By State Contractors,” compels state contractors to disclose this data for all state contracts, agreements, and procurements issued and executed on or after June 1, 2017.

With Patricia Shiu stepping down as Director of the Office of Federal Contractor Compliance Programs (“OFCCP”) on November 6, 2016, Thomas M. Dowd has been named OFCCP’s Acting Director, effective November 7, 2016.  He will serve until the new Trump Administration’s Secretary of Labor names a permanent director.

Mr. Dowd…

On September 30, 2016, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration issued an interim rule titled “Non-Retaliation for Disclosure of Compensation Information.” The interim rule implements Executive Order 13665 (the “Order”).  The Order, which President Obama signed on April 8, 2014, prohibits federal contractors from retaliating against employees who discuss their compensation.  Our prior blog posts on the Order can be found here and here.  The OFCCP published regulations implementing the Order on September 11, 2015.  Our blog post on those regulations can be found here.