With President Trump’s second administration set to begin on January 20, 2025, federal contractors and subcontractors are anxiously awaiting what he might do with respect to the Office of Federal Contract Compliance Programs (“OFCCP”) and the employment obligations imposed on federal government contractors. While the Trump transition team has not
Federal Contractors
FAR Council Withdraws Proposed Contractor Pay Inquiry and Transparency Rule
Effective as of January 8, 2025, the FAR Council has withdrawn a proposed rule that would have limited federal contractors from seeking and considering information about job applicants’ compensation history and required contractors to disclose salary ranges in job postings.
The announcement states that “in light of the limited time…
Potential Government Shutdown – What Every Federal Contractor Needs to Know
We appear to be on the precipice of another federal government shutdown. Absent a political compromise, the federal government’s funding will run out on December 21, 2024. During previous government shutdowns, government agencies and departments issued stop-work orders, grinding work on government projects and contracts to a halt. Contractors were…
OFCCP Releases List of Contractors Selected For Audit – Is Your Company On It?
On November 20, 2024, OFCCP announced a new Corporate Scheduling Announcement List (CSAL) for supply and service contractors. The new list consists of 2,000 federal contractors and subcontractors selected for a Compliance Evaluation, Corporate Management Compliance Evaluation, Functional Affirmative Action Program Evaluation, or University Evaluation.
The list merely notifies contractors…
Texas District Court Issues Preliminary Injunction Halting OFCCP Administrative Proceeding
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. …
FAR Council Proposes Rule Requiring Contractors to Identify Subcontractors and Report Subcontractors’ Executive Compensation Information
On May 24, 2024, the Federal Acquisition Regulation (“FAR”) Council published a Notice and request for comments for 9000-0177, Reporting Executive Compensation and First-tier Subcontract Awards.
If approved, the new FAR will require contractors to: (1) publicly report certain information on their first tier subcontractors; and (2) report compensation information…
OFCCP Releases 2024 VEVRAA Hiring Benchmark
The Office of Federal Contract Compliance Programs (“OFCCP”) has released its 2024 Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) benchmark. Effective March 31, 2024, the new benchmark is 5.2%, a slight decrease from 2023’s 5.4% benchmark. This is OFCCP’s ninth reduction of the benchmark, which has steadily declined since its…
Biden Administration Proposes New Pay Inquiry and Transparency Requirements For Contractors
On January 29, 2024, the 15th anniversary of the enactment of the Lilly Ledbetter Fair Pay Act, the Biden Administration announced that it would be taking new actions to implement the Executive Order on Advancing Economy, Efficiency, and Effectiveness in Federal Contracting by Promoting Pay Equity and Transparency issued…
Court Orders Release of Contractor EEO-1 Reports
UPDATE: On February 15, 2024, the DOL appealed the lower court’s decision ordering the release of the 2016–2020 Type 2 Consolidated EEO-1 Reports to the Ninth Circuit. The court has temporarily stayed the release of the Reports as a result of the DOL’s appeal.
Original post: On December 22, 2023…
White House Issues First Artificial Intelligence Executive Order: AI Guidance for Federal Contractors Forthcoming
On October 30, 2023, President Biden issued an “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (the “EO”), the first executive order directly addressing artificial intelligence.
Of particular interest to federal government contractors, the EO provides that within 365 days of publication…