Government Contractor Compliance & Regulatory Update

Category Archives: Federal Contractors

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Task Force Signals Flexibility On Contractor Vaccination Mandate In New FAQs

By Guy Brenner and Megan Childs on Posted in Coronavirus, Federal Contractors
Federal government contractors and subcontractors have been scrambling for weeks to try to digest and implement the COVID-19 safety measures issued by the Safer Federal Workforce Task Force (the “Task Force”) in the wake of the Biden Administration’s Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors.  Our prior analysis of the Task … Continue Reading

Task Force Issues Additional FAQs on Vaccinations for Contractors

By Guy Brenner and Megan Childs on Posted in Coronavirus, Federal Contractors
The Safer Federal Workforce Task Force (the “Task Force”) has released additional frequently asked questions and answers (“FAQs”) regarding its Guidance for Federal Contractors and Subcontractors on implementing COVID-19 safety measures in accordance with Executive Order 14042. Our prior posts on the Guidance and previously-issued FAQs can be found here and here. A summary of … Continue Reading

FAR Council Issues Contractor Vaccination Contract Clause and Guidance

By Guy Brenner and Megan Childs on Posted in Coronavirus, Federal Contractors
As previously reported, the Biden Administration issued Executive Order 14042 (“the Order”) last month.  The Order requires, in part, that the Federal Acquisition Regulatory Council (“the FAR Council”) amend the Federal Acquisition Regulation (“FAR”) to include a clause specifying that contractors and subcontractors shall “comply with all guidance for contractor or subcontractor workplace locations published … Continue Reading

Additional Contractor Vaccination Mandate Guidance Issued

By Guy Brenner and Megan Childs on Posted in Coronavirus, Federal Contractors
The Safer Federal Workforce Task Force has released a set of frequently asked questions and answers (“FAQs”) regarding the Guidance for Federal Contractors and Subcontractors (the “Guidance”) it issued last week.  Our comprehensive summary of the Guidance is available here. The new FAQs largely repackage the information provided in the Guidance.  However, they do provide … Continue Reading

Potential Government Shutdown – What Every Federal Contractor Needs to Know

By Guy Brenner and Allan Bloom on Posted in Federal Contractors
We appear to be on the precipice of a federal government shutdown.  Absent a political compromise, the federal government’s funding will run out on September 30, 2021, and the White House has instructed federal agencies to prepare for a possible shutdown.  During previous government shutdowns, government agencies and departments issued stop-work orders, grinding work on … Continue Reading

Vaccination Guidance Issued For Federal Contractors and Subcontractors

By Guy Brenner and Megan Childs on Posted in Coronavirus, Federal Contractors
On September 24, 2021, the Safer Federal Workforce Task Force (the “Task Force”) issued Guidance for Federal Contractors and Subcontractors (the “Guidance”), advising covered federal contractors and subcontractors of their new COVID-19 safety requirements.  The Guidance, which still must be approved by the Office of Management and Budget, fleshes out the requirements set forth in … Continue Reading

OFCCP Moves One Step Closer To AAP Verification

By Guy Brenner and Ariel Brotman on Posted in Affirmative Action Plan (AAP), Federal Contractors, OFCCP
In a step toward implementation of OFCCP’s Affirmative Action Program (“AAP”) Verification Initiative, the Office of Management and Budget (OMB) approved an Affirmative Action Program Verification Interface (AAP-VI) that OFCCP developed for federal contractors to submit AAPs. Although the verification program has not yet launched, and details are scarce, the OFCCP already has an AAP-VI … Continue Reading

Federal Government Issues New Guidance on Vaccination Requirements for Contractors

By Guy Brenner and Megan Childs on Posted in Federal Contractors
As previously reported, the Biden Administration issued an executive order on September 9, 2021 setting forth new COVID-19 safety protocols for certain federal contractors (the “Executive Order”). The Safer Federal Workforce Task Force (the “Task Force”) is tasked with developing the COVID-19 safety requirements that covered contractors and subcontractors will be required to follow. The … Continue Reading

New Census Data Available for Development of AAPs

By Guy Brenner and Megan Childs on Posted in Affirmative Action Plan (AAP), Census Bureau, Federal Contractors, OFCCP
On September 3, 2021, OFCCP issued a notice requiring federal contractors to use the recently released 2014-2018 Equal Employment Opportunity Tabulation (“2018 EEO Tab”) to develop any Affirmative Action Programs (“AAPs”) that commence on or after January 1, 2022. The 2018 EEO Tab was released earlier this year by the U.S. Census Bureau. It replaces … Continue Reading

OFCCP to Reconsider Use of EEO -1 Component 2 Data

By Guy Brenner and Megan Childs on Posted in Compensation, Department of Labor, Discrimination, Employment Law, Federal Contractors, OFCCP
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 2019 notice provided OFCCP would … Continue Reading

President Biden Requires Contractor Employees Be Fully Vaccinated (or Face Regular Testing)

By Guy Brenner and Abigail Rosenblum on Posted in Federal Contractors
On July 29, 2021, President Biden announced that “to help protect workers and their communities,” all employees of federal contractors working onsite at government facilities will be asked to “attest to their vaccination status.”  Those who do not attest to being fully vaccinated will be required to:  (1) wear a mask on the job; (2) … Continue Reading

President Biden Issues Executive Order Increasing Minimum Wage for Federal Contractor Employees to $15/Hour

By Guy Brenner and Jessica Guarracino on Posted in Federal Contractors
On April 27, 2021, President Biden issued an Executive Order that will increase the minimum wage for certain employees of covered federal contractors and subcontractors to $15.00 per hour, with annual increases beginning in 2023 to account for inflation.  The Executive Order builds upon President Obama’s 2014 Executive Order requiring federal contractors to pay employees … Continue Reading

OFCCP Will Not Use EEO-1 Component 2 Data In Audits

By Guy Brenner and Caroline Guensberg on Posted in Compensation, Department of Labor, Discrimination, EEOC, Employment Law, federal contractor, Federal Contractors, Labor Law, OFCCP
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 highly aggregated” and, therefore, is … Continue Reading

BREAKING: The Government Shutdown Is Officially Here – What Does It Mean For Federal Contractors?

By Guy Brenner and Alex Weinstein on Posted in Federal Contractors
As of midnight on December 21, 2018, portions of the government have been shut down until Congress is able to pass a spending bill. Due to ongoing political fights surrounding the border wall, it remains unclear when the government will be fully operational again. In addition to the 400,000 government workers the Washington Post anticipates … Continue Reading

POTENTIAL PARTIAL GOVERNMENT SHUTDOWN – What Government Contractors Need To Know

By Guy Brenner and Alex Weinstein on Posted in Federal Contractors, OFCCP
A partial government shutdown may soon be upon us.  According to the Washington Post, “[t]he White House and a number of federal agencies have started advanced preparations for a partial government shutdown, as President Trump and congressional Democrats appear unlikely to resolve their fight over a border wall before some government funding lapses at week’s … Continue Reading

OFCCP Rescinds Active Case Enforcement Procedures

By Guy Brenner and Alex Weinstein on Posted in Federal Contractors, OFCCP
Quick Hit:  Office of Federal Contractor Compliance Programs (“OFCCP”) has issued Directive 2019-01 (the “Directive”), which rescinds Directive 2011-01 which established OFCCP’s now-defunct Active Case Enforcement or “ACE” policy.  Through ACE, OFCCP conducted fewer but more intensive compliance evaluations of government contractors.  In issuing the Directive, OFCCP is formally ending ACE, while adopting an approach … Continue Reading

OFCCP Introduces New Directive Enhancing Compliance Guidance Programs For Contractors

By Guy Brenner and Alex Weinstein on Posted in Federal Contractors, OFCCP
Quick Hit:  The Office of Federal Contractor Compliance Programs (“OFCCP”) issued Directive 2019-03 (the “Directive”), which announces two steps the agency will take to enhance compliance assistance for contractors.  OFCCP will now make “certain Help Desk inquires and responses dynamically available and searchable as a self‐service option on OFCCP’s website.”  OFCCP will also begin using … Continue Reading

OFCCP ISSUES FIRST DIRECTIVE UNDER TRUMP ADMINISTRATION

By Connie Bertram, Guy Brenner and Emilie Adams on Posted in Federal Contractors, OFCCP
Since the beginning of the Trump Administration, federal contractors have been waiting to see what changes the new administration would make to the Office of Federal Contract Compliance Programs (“OFCCP”). Thus far, the greatest change has been more style than substance, with OFCCP officials expressing a desire to have a better relationship with the government … Continue Reading

2017 EEO-1 Reports Now Available For Submission

By Alex Weinstein, Connie Bertram and Guy Brenner on Posted in EEOC, Federal Contractors
Yesterday, the 2017 EEO-1 Survey became available.  Government contractors or subcontractors with 50 or more employees and a contract/subcontract of $50,000 or more must file EEO-1 reports by March 31, 2018.  Please read our post on Law and the Workplace for more details on this year’s reporting requirements.… Continue Reading

POTENTIAL GOVERNMENT SHUTDOWN – What Every Government Contractor Needs To Know

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Department of Labor, Federal Contractors, Labor Law
Once again, a government shutdown seems inevitable.  During previous government shutdowns, government agencies and departments issued stop-work orders, grinding work on government projects and contracts to a halt.  Contractors were then faced with the difficult task of remaining in compliance with their obligations to their employees while work and funding for those contracts has ceased. … Continue Reading

OFCCP Settles Hiring Discrimination Case with LandCare USA, LLC

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Federal Contractors, OFCCP
The Austin, Texas location of LandCare USA, LLC (the “Company”), a company providing landscaping services, recently entered into a conciliation agreement with the Office of Federal Contractor Compliance Programs (“OFCCP”) to settle claims that the Company had discriminated in its hiring of females, and non-Hispanic applicants in its Laborer job group.  The Company has agreed … Continue Reading

OFCCP Appoints New Director (Not Craig Leen)

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Department of Labor, Federal Contractors, OFCCP
Two weeks after reports emerged that a new director of the Office of Federal Contractor Compliance Programs (“OFCCP”) had been appointed, according to the OFCCP’s website, Ondray T. Harris has been appointed as the next director of the OFCCP.  The OFCCP’s website lists former Acting Director Thomas Dowd as the Deputy Director of the agency, … Continue Reading

Reports: Craig Leen’s Appointment As OFCCP Director Remains Uncertain

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Department of Labor, Federal Contractors, OFCCP
As we previously reported, various media outlets reported earlier this month that Coral Gables City Attorney, Craig Leen, would be appointed Director of the Office of Federal Contractor Compliance Programs (“OFCCP”).  These reports came amid silence by the Trump administration as to the anticipated appointment. Since our last post, the confusion over Mr. Leen’s role … Continue Reading
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