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.
Department of Labor
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 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…
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…
OFCCP Director Jenny Yang Reported to Be Leaving Agency
According to reports, OFCCP Director Jenny R. Yang is expected to leave her position this week. Director Yang became OFCCP Director on January 20, 2021. At this time, it is not known who will replace her.
During her term, Director Yang has overseen several OFCCP developments, including:
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OFCCP to Reconsider Use of EEO -1 Component 2 Data
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…
DOL Issues Proposed Rule on Raising Minimum Wage to $15 per Hour for Federal Contractor Employees
Quick Hit
On July 21, 2021, the Department of Labor (“DOL”) announced a proposed rule (the “Proposed Rule”) to implement President Biden’s Executive Order (the “Order”) requiring an increase of the minimum wage for certain employees of covered federal contractors and subcontractors to $15.00 per hour – except for tipped…
Department of Labor Issues Final Rule “Clarifying” The Religious Entity Exemption
Quick Hit:
On December 7, 2020, the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) issued its final rule enhancing the religious exemption for federal government contractors already contained in its regulations (the “Rule”). The Rule, through the addition of definitions, adds detail to and arguably expands the…
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…
Craig Leen Formally Named Director of OFCCP
The Office of Federal Contractor Compliance Programs (“OFCCP”) has announced that Craig Leen has officially been named the Director of the Office of Federal Contractor Compliance Programs (“OFCCP”). Director Leen has served as Acting Director since the summer when then-Director Ondray Harris suddenly resigned. Since Director Leen began serving…