Government Contractor Compliance & Regulatory Update

Category Archives: Labor Law

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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

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

Governor Cuomo Signs Executive Order Requiring State Contractors To Report Job Title And Pay Data

By Guy Brenner and Ryan Hutzler on Posted in Employment Law, Labor Law
On January 9, 2017, New York Governor Andrew Cuomo signed an Executive Order that requires state contractors to disclose, in addition to data on gender, race, and ethnicity that is already required, job title and salary data for all of their employees working on state contracts (or their entire workforce if those working on state … Continue Reading

BREAKING: FEDERAL JUDGE ENJOINS IMPLEMENTATION OF PART OF FAIR PAY AND SAFE WORKPLACES (“BLACKLISTING”) EXECUTIVE ORDER, REGULATIONS, AND GUIDANCE

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Department of Labor, Federal Acquisitions, Federal Contractors, Labor Law
On October 24, 2016, just one day prior to effective date of the Regulations and Guidance implementing the Fair Pay and Safe Workplaces Executive Order (collectively the “Rule”), Judge Marcia Crone of the U.S. District Court for the Eastern District of Texas enjoined the implementation of almost every provision of the Rule.  Specifically, Judge Crone … Continue Reading

Challenge To The Fair Pay And Safe Workplaces (“Blacklisting”) Rule To Be Heard On October 21, 2016

By Guy Brenner and Alex Weinstein on Posted in Department of Labor, Federal Acquisitions, Federal Contractors, Labor Law
On October 7, 2016, the first lawsuit challenging the Fair Pay and Safe Workplaces Executive Order (the “Order”) and its Final Rule and Guidance (collectively the “Rule”) was filed in the U.S. District Court for the Eastern District of Texas.  The lawsuit, seeks a preliminary injunction preventing implementation of the Rule, declaratory judgment declaring the … Continue Reading

BREAKING: DOL Publishes Final Rule Requiring Federal Contractors To Provide Paid Sick Leave To Employees

By Alex Weinstein, Connie Bertram and Guy Brenner on Posted in Department of Labor, Labor Law
Today, the U.S. Department of Labor (“DOL”) published its final rule implementing Executive Order 13706 (the “Final Rule”), which requires certain federal contractors and subcontractors to provide paid sick leave to their employees.  Our previous blog posts on this development can be found here and here.… Continue Reading

Department of Labor Announces “Preassessment” Program For Government Contractors

By Connie Bertram and Guy Brenner on Posted in Department of Labor, Federal Acquisitions, Labor Law
Loyal readers of this blog are well aware of the Fair Pay and Safe Workplaces Executive Order and corresponding regulations which go into effect next month.  Those looking to learn more about the topic can access our recent webinar and blog post on the “Blacklisting” regulations and what contractors should be doing now to prepare … Continue Reading

Proskauer Hosts Webinar On New “Blacklisting” Regulations

By Connie Bertram and Guy Brenner on Posted in Department of Labor, Federal Acquisitions, Labor Law
On September 13, 2016, Proskauer Partners Connie Bertram and Guy Brenner hosted “The Final Blacklisting Regulations:  What Contractors Need to Know” webinar as a follow-up to our blog post “FAR Council Issues Final Rule and DOL Issues Final Guidance on Fair Pay and Safe Workplace”.  For those who were unable to attend the webinar, it … Continue Reading

BREAKING NEWS:  FAR Council Issues Final Rule and DOL Issues Final Guidance on Fair Pay and Safe Workplaces (“Blacklisting”) Executive Order, Effective October 25, 2016

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Department of Labor, Federal Acquisitions, Labor Law
Today, the Federal Acquisition Regulations Council (“FAR Council”) and the U.S. Department of Labor (“DOL”) issued its Final Rule and Guidance implementing the Fair Pay and Safe Workplaces Executive Order (the “Order”), commonly referred to as the “blacklisting” rule.  In total, the Final Rule, Guidance, and accompanying commentary totaled nearly 900 pages, responding to nearly … Continue Reading

BREAKING: FAR Council Publishes Final Rule On Fair Pay and Safe Workplaces (“Blacklisting”) Executive Order

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Federal Acquisitions, Labor Law
Today, the Federal Acquisition Regulation Council (“FAR Council”) published the final rule regarding the Fair Pay and Safe Workplaces Executive Order (the “Order”), better known as the “blacklisting” rule.  The Order imposes a host of new obligations on government contractors with more than $500,000 in government contracts, including an obligation to report various labor law … Continue Reading

Proskauer Attends And Presents At The Industry Liaison Group’s National Conference

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Labor Law, OFCCP
From August 3-5, the Industry Liaison Group, a community of government contractors and members of the government contractor community, held its National Conference in Charlotte, North Carolina. The event featured various speakers on a multitude of topics, including pay equity and achieving equality in the workplace. Proskauer attorneys Connie Bertram, Guy Brenner, and Alex Weinstein … Continue Reading

NLRB Takes Steps To Facilitate Sharing Of Federal Contractor Labor Law Violations In Anticipation Of The Final Fair Pay And Safe Workplaces (a.k.a “Blacklisting”) Rules

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Labor Law, OFCCP
In a July 1, 2016 memorandum (OM 16-23), the Office of the General Counsel for the National Labor Relations Board (“NLRB”) announced that it was beginning to take steps to comply with the Fair Pay and Safe Workplaces Executive Order (the “Order”) – the regulations for which have not yet been finalized.  The Order imposes … Continue Reading

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

By Connie Bertram and Guy Brenner on Posted in Department of Labor, Labor Law
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

Connie Bertram Interviewed About Executive Order on Labor Violations

By Connie Bertram, Daniel Davis and Andrew Aitchison on Posted in Department of Labor, Discrimination, Employment Law, Labor Law
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 Launches New Database to Help Contractors Identify Candidates with Disabilities and Protected Veterans and Facilitate Relationships with Organizations

By Connie Bertram on Posted in Labor Law, OFCCP
On March 13, 2014, the Office of Federal Contract Compliance Programs (OFCCP) launched a new database (1) to help contractors find qualified workers with disabilities and veterans, and (2) to assist contractors in establishing relationships with national organizations and local community groups that have access to these workers. Contractors can visit OFCCP’s Disability and Veterans … Continue Reading

OFCCP Updates Website With Resources For Section 503 Compliance

By Daniel Davis on Posted in Disability, Labor Law, OFCCP
OFCCP recently updated its website with additional information for contractors to assist with their compliance with the final rule issued under Section 503 of the Rehabilitation Act.  The information addresses recruiting individuals with disabilities, encouraging self-disclosure of disabilities, and information about assistive technology.  OFCCP also recently updated other parts of its website as discussed in … Continue Reading

DOL Proposes Rule Requiring Contractors to Report Aggregate Veterans Information

By Andrew Aitchison on Posted in Labor Law
The Department of Labor (“DOL”) issued a Notice of Proposed Rulemaking (“NPRM”) on Friday which would change reporting requirements for federal contractors under the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”).  Under the proposed rule, covered contractors would be required to report information about protected veteran employees “in the aggregate” instead of for each protected … Continue Reading

Preparing for Future Government Shutdowns

By Connie Bertram on Posted in Employment Law, Labor Law, OFCCP
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

Bill Reintroduced that Would Give Department of Labor Authority to Manage Payments of Back Wages

By Proskauer Rose on Posted in Department of Labor, Labor Law
The Streamlining Claims Processing for Federal Contractor Employees Act (H.R. 2747) was reintroduced to the House of Representatives by Rep. Tim Walberg (R – MI) on Friday, July 19th, 2013.  If enacted, the bill would consolidate enforcement and administrative claim processing under the Davis-Bacon Act and the Contract Work Hours and Safety Standards Act with … Continue Reading

Expanded Whistleblower Provisions Applicable To Federal Contractors And Subcontractors Take Effect

By Connie Bertram and Daniel Davis on Posted in Employment Law, Labor Law, Whistleblower
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

By Connie Bertram and Daniel Davis on Posted in Affirmative Action, Discrimination, Employment Law, Labor Law
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

By Daniel Davis on Posted in Department of Labor, Employment Law, Labor Law
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

Three California Contractors Fined a Total of $1.8 Million For Willful Violation of CA Wage, Apprenticeship Laws

By Proskauer Rose on Posted in Labor Law
As reported in the Bloomberg BNA Daily Labor Report, three contractors were found by the California Labor Commissioner to have “willfully” violated state wage and apprenticeship laws.  The contractors were ordered to pay over $1.8 million in back wages, apprenticeship funds, fines and penalties. The Labor Commissioner’s office, also known as the Division of Labor … Continue Reading
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