Government Contractor Compliance & Regulatory Update

Category Archives: Department of Labor

Subscribe to Department of Labor RSS Feed

DOL ALJ Orders Government Contractor To Produce Documents To OFCCP

On October 23, 2015, a Department of Labor (“DOL”) administrative law judge (“ALJ”) ordered a government contractor, Convergys Customer Management Group, Inc. (“Convergys”), to submit its affirmative action program along with supporting data to DOL’s Office of Federal Contract Compliance Programs (“OFCCP”) in connection with a desk audit. In so doing, the ALJ rejected Convergys’ … Continue Reading

U.S. Department of Labor Publishes Final Rule Implementing Pay Transparency Executive Order

Today (September 10, 2015), the Department of Labor issued its final rule, implementing Executive Order 13665  (the “Order”), which prohibits federal contractors from firing or otherwise disciplining employees or job applicants for discussing their pay or the pay of their co-workers.  The final rule goes into effect on January 11, 2016. The final rule comes … Continue Reading

BREAKING: Obama Administration Issues Executive Order Requiring Federal Contractors To Provide Employees Paid Sick Leave

On September 7, 2015, the President issued the Establishing Paid Sick Leave for Federal Contractors Executive Order (the “Order”) requiring federal contractors to provide up to 56 hours (7 days) of paid sick leave per year to their employees on new contracts entered into after January 1, 2017.  The White House anticipates that the Order … Continue Reading

BREAKING: Obama Administration Considering Executive Order Requiring Federal Contractors To Provide Employees Paid Sick Leave

According to a report in the New York Times, the White House is currently considering an Executive Order (“EO”) requiring federal contractors to provide paid sick leave to their employees. According to the report, the “Executive Order Establishing Paid Sick Leave For Contractors,” if issued, would mandate that some federal contractors provide their employees up … Continue Reading

For The Second Time, DOL And FAR Council Extend Notice and Comment Period For Guidance And Regulations Implementing The Fair Pay And Safe Workplaces Executive Order

Today (August 5, 2015), the U.S. Department of Labor (“DOL”) published an announcement in the Federal Register informing the public that both it and the FAR Council have extended the notice and comment period for the proposed guidance and regulations implementing the Fair Pay and Safe Workplaces Executive Order (the “Order”). The public now has … Continue Reading

OFCCP Publishes New Outreach and Education Poster

On August 3, 2015, the Office of Federal Contractor Compliance Programs (“OFCCP”) published a new poster. According to OFCCP, the Outreach and Education poster is the result of “feedback received during stakeholder listening sessions.” OFCCP explains that the aim of the poster is to “increase public awareness of OFCCP and its mission,” as well as … Continue Reading

Members of Congress Request Withdrawal Of Proposed Guidance And Regulations For Fair Pay And Safe Workplaces Executive Order

On July 15, 2015, eight members of Congress sent a letter to the U.S. Secretary of Labor and the Administrator for the Office of Federal Procurement Policy, requesting that the proposed guidance and regulations for the Fair Pay and Safe Workplaces Executive Order (the “Order”) be withdrawn. This letter comes just days after the Department … Continue Reading

OFCCP Seeks Final Approval Of Its Pay Transparency Regulations From OMB

OFCCP recently sent its proposed final regulations implementing Executive Order 13665 (the “Order”) to the Office of Management and Budget (“OMB”) for final approval. The Order, among other things, mandates that federal contractors disclose additional compensation information to employees and permit employees openly to discuss compensation without retribution. The Order directed the U.S. Department of … Continue Reading

Proposed Guidance and Regulations For The Fair Pay And Safe Workplaces Executive Order Released Yesterday

Yesterday, the U.S. Department of Labor (“DOL”) issued a press release announcing the publication for notice and comment of its proposed guidance and the FAR Council’s proposed regulations regarding the Fair Pay and Safe Workplaces Executive Order (the “Order”). On July 31, 2014, President Obama signed the Order, which imposes additional disclosure and compliance obligations … Continue Reading

Petition Urges DOL To Target Contractual Clauses Discouraging Whistleblowing

The Government Accountability Project (GAP) and Zuckerman Law recently petitioned the U.S. Department of Labor (“DOL”) to issue rules and guidance prohibiting “de facto” gag clauses in settlement and severance agreements that dissuade whistleblowers from engaging in protected activities.… Continue Reading

The New OFCCP Sexual Orientation And Gender Identity Protections Are Now In Effect

Yesterday, Executive Order (“EO”) 11246, as amended by EO 13762, officially went into effect, representing the first time in the federal sector that sexual orientation and gender identity have been expressly protected. On July 21, 2014, President Obama issued EO 13762, which amended EO 11246 to prohibit federal contractors from discriminating against employees on the … Continue Reading

19 Democratic Senators Urge DOL To Implement Fair Pay And Safe Workplaces Executive Order

On July 31, 2014, President Obama signed the Fair Pay and Safe Workplaces Executive Order (the “Order”), which imposes additional disclosure and compliance obligations on federal government contractors with contracts valued at $500,000 or more. Among other things, the Order will require contractors to disclose violations of numerous labor, employment, wage payment and safety laws … Continue Reading

DOL Issues Final Rule Implementing Executive Order 13672’s Prohibition on Discrimination Based on Sexual Orientation and Gender Identity

Yesterday, the Department of Labor announced a Final Rule prohibiting discrimination based on sexual orientation and gender identity by federal contractors and subcontractors.  The Rule, which implements Executive Order 13672 signed by President Obama in July 2014, will be effective 120 days from the date of publication in the Federal Register. If, as anticipated, the … Continue Reading

Contractor Working On Federally-Funded Solar Project Settles Davis-Bacon Act Claims for $1.9 Million

On October 23, the Department of Labor reported that Proimtu Mmi-Nv LLC, a Nevada-based company, agreed to pay $1.9 million in back wages and fringe benefits as the result of a DOL investigation of its compliance with the Davis-Bacon Act.  Proimtu performs work at the Crescent Dunes Solar Energy Project in Tonopah, Nevada, a federally-funded … Continue Reading

DOL Releases Final Rule Raising Minimum Wage For Employees Working On Covered Federal Contracts

On October 1, the Department of Labor (“DOL”) announced its final rule raising the minimum wage for employees working on covered federal government contracts from $7.25 an hour to $10.10 an hour.  The final rule implements Executive Order 13658, which was issued by President Obama last February. The final rule applies to a wide range … Continue Reading

Connie Bertram Interviewed About Executive Order on Labor Violations

Proskauer recently reported on President Obama’s recent executive order requiring contractors to report various employment and labor law violations and requiring those violations to be considered in the government’s decisions to award contracts to and retain contractors. Connie Bertram, Co-Chair of Proskauer’s Government Regulatory Compliance and Relations Group, was recently interviewed about the executive order … Continue Reading

OFCCP Announces Rulemaking Priorities

Last month, the Office of Federal Contract Compliance Programs (OFCCP) released its 2014 Spring Regulatory Agenda, identifying four new rules on which the agency is currently working. The Agenda is consistent with recent efforts by President Obama to further his pay equity agenda.  OFCCP intends to propose by August a rule requiring federal contractors and … Continue Reading

DOL Defends Posting Requirements Against Challenge From Contractors

This week the Department of Labor (DOL) defended its rule requiring federal contractors to post notices informing employees of their right to unionize.  The National Association of Manufacturers (NAM) and the Virginia Manufacturers Association have brought a challenge to the rule in federal court based upon statutory and First Amendment grounds. In its opposition to … Continue Reading

OFCCP Updates FAQs On Section 503 And Veterans’ Regulations

OFCCP recently updated its Frequently Asked Questions (“FAQs”) on the implementation of the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) and Section 503 of the Rehabilitation Act final rules.  The most recent FAQs address questions regarding the availability of the “EEO is the Law” poster, the ability to use human resource information systems as the … Continue Reading

DOL Seeks Remand Of District Court Case Regarding OFCCP’s Data Gathering Authority

Earlier this week the Department of Labor moved to remand Frito-Lay’s lawsuit seeking to block the production of employment data in connection with an OFCCP investigation into discrimination at its Dallas facility.  Frito-Lay, Inc. v. Department of Labor, 3:12-cv-01747 (N.D. Tex. 2012).  The resolution of this case may impact the scope of OFCCP’s authority to … Continue Reading

OFCCP Publishes FAQs Addressing Implementation of the New VEVRAA and Section 503 Final Rules

On December 17, 2013, the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) published additional Frequently Asked Questions (“FAQs”) on the implementation of the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) and Section 503 of the Rehabilitation Act final rules. As discussed in prior Government Contractor Compliance & Regulatory Update posts on August 27, … Continue Reading

More Practical Employment Law Issues Facing Government Contractors in the Wake of the Federal Government Shutdown

On October 15, 2013, Proskauer issued an additional Client Alert providing guidance to federal contractors regarding key legal questions that have arisen as a result of the government shutdown.  Attached is a link to the Client Alert.  Please be sure to check the Government Contractor Compliance & Regulatory Update or subscribe to the RSS feed for … Continue Reading
LexBlog