Government Contractor Compliance & Regulatory Update

Category Archives: Employment Law

Subscribe to Employment Law RSS Feed

OPM to Federalize Background Checks in Wake of Snowden Scandal/Navy Yard Shooting

On February 6, 2014, the Office of Personnel Management (OPM) announced that the agency will federalize the “quality review process” of its background investigations.  OPM had previously engaged federal contractors to conduct agency background investigations, including the quality review procedures and back office support. … Continue Reading

OFCCP Seeks Comments On Discrimination Complaint Form

OFCCP is seeking public comment its form for individual complaints of discrimination and retaliation.  An employee or applicant of a federal contractor may file a complaint of discrimination or retaliation with the OFCCP.  The OFCCP has a form for such complaints, designated Form CC-4.  The two-page form seeks identifying information about the complainant, a description … Continue Reading

President Obama Expected To Increase Minimum Wage For Federal Contractor Employees

President Obama is expected to announce at his State of the Union address that he will issue an executive order to increase the minimum wage for employees of federal contractors to $10.10 an hour.  The anticipated executive order is consistent with broader efforts to increase the federal minimum wage.  In late 2013, the President and … Continue Reading

OMB Approves Section 503 Voluntary Self-Identification Form

On January 22, 2014, after several months of review, the Office of Management and Budget (“OMB”) finally approved the voluntary self-identification form required by the Section 503 Final Rule that becomes effective on March 24, 2014. The Office of Federal Contract Compliance Program (“OFCCP”) designed the self-identification form to alleviate contractor concerns that collecting disability … 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

Proskauer Offers Webinar on Key 2013 Developments

Proskauer recently made available a webinar on the key developments in labor and employment for the Washington DC area in 2013.  The webinar includes a discussion of the OFCCP’s final rules implementing the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) and Section 503 of the Rehabilitation Act regarding individuals with disabilities.  This webinar is part … 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

Veterans Day Edition: The Federal Government’s Emphasis on Training and Hiring Veterans

In honor of Veterans Day, this alert addresses contractors’ obligations with respect to veterans.  As readers of this blog are aware, on August 27, 2013, the Office of Federal Contract Compliance Programs released its final rule affecting federal contractor obligations under the Vietnam Era Veterans’ Readjustment Assistance Act.  Among other obligations, the final rule establishes … Continue Reading

Joint Standards Proposed for Assessing Diversity Policies and Practices of Dodd-Frank Covered Entities

On November 5, 2013, Proskauer issued a Client Alert providing an analysis of the jointly-proposed standards for assessing the diversity policies and practices of entities subject to the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.  Attached is a link to the Client Alert.  Please be sure to check the Government Contractor Compliance … Continue Reading

Post-Shutdown Issues Facing Government Contractors Who Employ Foreign Nationals in the United States

Connie N. Bertram, co-head of Proskauer’s DC Labor and Employment practice and co-head of the Government Contractor Compliance and Relations Group, was interviewed by Human Resource Executive regarding the impact of the government shutdown on government contractors.  Ms. Bertram highlighted the dilemma facing contractors who received a stop-work order and who employ foreign nationals in … Continue Reading

Preparing for Future Government Shutdowns

Connie N. Bertram, co-head of Proskauer’s DC Labor and Employment practice and co-head of the Government Regulatory Compliance and Relations Group, was interviewed by Metropolitan Corporate Counsel regarding the impact of the government shutdown on government contractors and the steps contractors should take in preparation for another possible government shutdown and debt default.  Ms. Bertram … Continue Reading

Navigating Post-Shutdown Employment Law Issues For Government Contractors

After more than two weeks, the federal government shutdown finally ended late in the evening on October 16, 2013.  Although the end of the shutdown is great news for federal employees and government contractors, the last three weeks have forced many government contractors to take emergency steps as a result of the economic impact caused … 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

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

On October 4, 2013, Proskauer issued a 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

Interim Rules on Whistleblower Protection for Contractor Employees Issued by DOD, GSA and NASA

On September 27, 2013, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration announced interim rules in the Federal Acquisition Regulations (“FAR”) and Defense Federal Acquisition Regulations Supplement (“DFAR”) outlining enhancements to whistleblower protections for contractor employees (the “Program”).  The interim rules implement Section 828 of the National Defense Authorization Act … Continue Reading

FAR Provision on Human Trafficking Proposed

On September 26, 2013, the Department of Defense, General Services Administration and the National Aeronautics and Space Administration published a proposed rule in the Federal Register seeking to amend the Federal Acquisition Regulation (“FAR”) to implement recent mandates aimed at stemming human trafficking.  In addition to codifying the current zero-tolerance policy against human trafficking, FAR … Continue Reading

Responsibility of an Employer to Act Upon Threats From or By an Employee

Connie N. Bertram, Co-Chair of the Government Contractor Compliance Group, was quoted in an article in the Washington Post discussing the Navy Yard shootings.  Ms. Bertram reminded contractors of the obligation to notify the government of threatening and violent conduct by employees with security clearances.  She also emphasized that contractors have an independent right under … Continue Reading

Practical Employment Law Issues Facing Government Contractors In The Wake Of The Federal Government Shutdown

On October 1, 2013, the federal government shut down for the first time in seventeen years.  The last government shutdowns in 1995 and 1996 lasted a total of 28 days.  Government contractors are already feeling the bite of the shutdown.  Within hours of the shutdown, government agencies and departments issued stop work orders, grinding work … Continue Reading

Expanded Whistleblower Provisions Applicable To Federal Contractors And Subcontractors Take Effect

Yesterday a significant expansion of whistleblower protections for employees of federal contractors and subcontractors took effect.  The National Defense Authorization Act for 2013 (“NDAA”) extended whistleblower protections to an employee of a “contractor, subcontractor, or grantee” who makes a claim of gross mismanagement, gross waste, abuse of authority, a substantial and specific danger to public … Continue Reading

Supreme Court Issues Important Affirmative Action And Employment Law Decisions

This week the Supreme Court issued three decisions that may significantly impact federal contractors and other employers: In Fisher v. University of Texas, No. 11-345 (U.S. June 24, 2013), the Supreme Court held that a university admissions program using racial categories must survive “strict scrutiny” review.  In other words, a university must show that no … Continue Reading

Second Circuit Reaffirms Preemptive Scope Of The Davis-Bacon Act

Last week the Second Circuit issued an opinion reaffirming that the Davis-Bacon Act preempts state law claims by workers to enforce prevailing wage rates as third-party beneficiaries to a contract.  Congress enacted the Davis-Bacon Act during the Great Depression to provide minimum wages for laborers working under federal construction contracts.  The Act requires contractors to … Continue Reading

Employment Non-Discrimination Act Introduced Again

The Employment Non-Discrimination Act (“ENDA”) was introduced on April 25 as S-815.  A companion bill HR 1755 was introduced in the House.  The legislation prohibits employment discrimination on the basis of sexual orientation.  Notwithstanding 39 Senate sponsors or co-sponsors, passage will be difficult.  Similar measures have been introduced in almost every Congress since 1994.  The … Continue Reading

NLRB’s General Counsel’s Division of Advice Issues Helpful Guidance on Banner Health Ban on Blanket Confidentiality Rules in Workplace Investigations

As Proskauer previously reported here, in Banner Health System d/b/a Banner Estrella Medical Center, 358 NLRB No. 93 (July 30, 2012), the National Labor Relations Board (“NLRB”) reviewed an employer’s blanket policy of requiring witnesses to maintain confidentiality during workplace investigations.  The Board found that such a policy chilled the right of employees to engage … Continue Reading
LexBlog