OFCCP announced on September 1, 2021 that it plans to rescind a November 2019 notice regarding EEO-1 Component 2 data. EEO-1 Component 2 data was required to be submitted in 2019, and consists of aggregated employee wage and hours worked data, categorized by EEO-1 classification, race, ethnicity, and sex. The
Compensation
OFCCP Will Not Use EEO-1 Component 2 Data In Audits
On November 22, 2019, OFCCP announced it will not “request, accept, or use” EEO-1 Component 2 pay and hours worked data from government contractors in connection with audits (or otherwise).
OFCCP explained that it will not request or use the data because it is “collected in a format that is…
Humana Settles Pay Bias Claims for $2.5 Million
Earlier this week, the Office of Federal Contract Compliance Programs (“OFCCP”) announced that it entered into a conciliation agreement with Humana Inc. (“Humana”) to resolve allegations that Humana paid hundreds of women at its Louisville, Kentucky headquarters less than their male coworkers.
OFCCP asserts that in 2011 and 2012, Humana…
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…
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.
New Interim Rule Prohibits Federal Contractors From Retaliating Against Employees Who Discuss Compensation With Colleagues
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.
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…
DOL Issues Guidance Regarding Interaction Between Affordable Care Act And Fringe Benefit Requirements Under Service Contract, Davis Bacon And Related Acts
The Davis Bacon Act and the Davis Bacon Related Acts (collectively “DBRA”) and the Service Contract Act (“SCA”) impose additional obligations related to fringe benefits and wages on covered contractors. With the passing of the Affordable Care Act (“ACA”), there have been lingering questions as to how the mandate that…
DOL Settles Systemic Hiring and Pay Discrimination Claim With Government Contractor For Close to $2 Million
On November 19, 2015, the U.S. Department of Labor (“DOL”) Office of Federal Contract Compliance Programs (“OFCCP”) announced that it reached a settlement with nine locations of a government contractor “to remedy systemic hiring and pay discrimination violations.” The contractor in question provides uniform and facility services products to private…
Senators Push For President Obama To Issue Executive Order Providing Federal Contractor Preference To “Model Employers”
On May 15, 2015, a group of Democratic Senators sent a letter to President Obama, urging him to provide incentives to federal contractors to become what they call “model employers.” According to the letter, model employers are contractors who provide “a living wage, offer fair healthcare and retirement benefits, grant…