Government Contractor Compliance & Regulatory Update

Category Archives: OFCCP

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OFCCP Acting Director Leen Announces New Contractor Certification Program

By Connie Bertram and Guy Brenner on Posted in OFCCP
At his closing remarks at the National Industry Liaison Group’s 2018 annual conference, Acting OFCCP Director Craig Leen announced that the OFCCP is working on a contractor certification program. Although light on details, Acting Director Leen forecast a system where contractors that did not certify compliance with their affirmative action obligations would be targeted for … Continue Reading

Breaking News: OFCCP Issues New Directive Instructing Staff to Respect Contractors’ Religious Beliefs in Enforcing Executive Order 11246

By Connie Bertram and Guy Brenner on Posted in OFCCP
On August 10, 2018, OFCCP Acting Director Craig Leen issued Directive 2018-03  (the “Directive”), the purpose of which is to “incorporate recent developments in the law regarding religion-exercising organizations and individuals.” Most of the Directive addresses OFCCP’s regulations regarding protection from discrimination on the basis of religion and recent Executive Orders and court decisions that … Continue Reading

Breaking News: OFCCP Issues New Directive Ordering Focused Compliance Evaluations

By Connie Bertram and Guy Brenner on Posted in OFCCP
As we previously reported , Acting OFCCP Director Craig Leen, made news at the National Industry Liaison Group annual conference last week when he announced that OFCCP would begin focused reviews of contractors. Just one week later, on August 10, 2018, OFCCP issued Directive 2018-04  (the “Directive”), directing that a portion of future scheduling lists include … Continue Reading

Breaking News From The ILG Conference: OFCCP To Bring Back Focused Section 503 Reviews

By Connie Bertram and Guy Brenner on Posted in OFCCP
On August 2, 2018, during an impassioned speech at the National Industry Liaison Group’s annual conference in Anaheim, California, OFCCP Acting Director Craig Leen announced that the agency will bring back “focused reviews” looking at contractors’ Section 503 compliance. He made his remarks during the “Leading Practices in Disability Inclusion” break out session at the … Continue Reading

OFCCP Issues “What Contractors Can Expect” Guidance

By Connie Bertram and Guy Brenner on Posted in OFCCP
On August 2, 2018, OFCCP issued a new publication entitled “What Contractors Can Expect .” The publication coincided with OFCCP Acting Director Craig Leen’s well-received presentation at the National Industry Liason Group’s national conference in Anaheim, California, where Proskauer partners Connie Bertram and Guy Brenner are in attendance. OFCCP had promised the “What Contractors Can Expect” … Continue Reading

OFCCP Director Resigns

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in OFCCP
Ondray T. Harris, Director of the Office of Federal Contractor Compliance Programs (“OFCCP”), resigned on July 27, 2018. No public explanation for his resignation has been provided, which came only eight months after he assumed the position. Reports indicate that Craig Leen, Senior Advisor to the OFCCP, will step into the role as Acting Director … Continue Reading

OFCCP Announces 2018 Veteran Hiring Benchmark

By Connie Bertram, Guy Brenner and Emilie Adams on Posted in OFCCP, Veterans
On March 30, 2018, the Office of Federal Contract Compliance Programs (“OFCCP”) released its 2018 Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) Benchmark. Effective March 31, 2018, the new benchmark is 6.4%, slightly lower than the previous year’s 6.7% benchmark. This is OFCCP’s fourth reduction of the benchmark, which has steadily declined since its inception in 2014. The … Continue Reading

OFCCP Announces New Compliance Evaluation Experience Survey

By Connie Bertram, Guy Brenner and Emilie Adams on Posted in OFCCP
This week, the Office of Federal Contract Compliance Programs (“OFCCP”) announced that it will be sending a survey to federal contractors in an effort to “continue improving communication, transparency, and timeliness during [its] compliance evaluations.” OFCCP’s survey appears to be the latest effort by the agency to establish a more cooperative relationship with the government … Continue Reading

Humana Settles Pay Bias Claims for $2.5 Million

By Connie Bertram, Guy Brenner and Emilie Adams on Posted in Compensation, OFCCP
Earlier this week, the Office of Federal Contract Compliance Programs (“OFCCP”) announced that it entered into a conciliation agreement with Humana Inc. (“Humana”) to resolve allegations that Humana paid hundreds of women at its Louisville, Kentucky headquarters less than their male coworkers. OFCCP asserts that in 2011 and 2012, Humana paid 753 women in consulting, … 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

Proskauer Publishes Article on Federal Tax Bill’s #MeToo Provision

By Connie Bertram and Emilie Adams on Posted in OFCCP
Connie Bertram and Emilie Adams published an article in the February issue of OFCCP Digest titled “Federal Tax Bill Offers a Nod to the #MeToo Movement.”  The article focuses on a provision in the recently-passed Tax Cuts and Jobs Act that addresses corporate settlements involving claims of sexual harassment and abuse.  The provision prohibits companies … Continue Reading

Trump Administration Proposes Cuts To OFCCP Budget

By Connie Bertram, Guy Brenner and Emilie Adams on Posted in OFCCP
On February 12, 2018, the Trump Administration released its proposed fiscal year 2019 budget. As it did last year, the budget proposes significant cuts to the funds allocated to OFCCP. The proposed budget allocates to OFCCP just over $91 million, a decrease of nearly $12.7 million (or 12.5%). The budget also seeks to cut OFCCP’s … Continue Reading

Proskauer Publishes Article on State Salary History Bans

By Connie Bertram and Emilie Adams on Posted in OFCCP
Connie Bertram and Emilie Adams published an article in the November/December issue of OFCCP Digest titled “States and Localities Step into the Breach on Pay Equity: New and Proposed Prohibitions on the Disclosure of Salary History.” The article focuses on recent laws passed by states and localities prohibiting employers from asking job applicants about their … 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

Reports: New OFCCP Director Appointed

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Department of Labor, OFCCP
According to multiple sources, on November 13, 2017, Craig E. Leen, was appointed the new Director of the Office of Federal Contractor Compliance Programs (“OFCCP”).  Mr. Leen has been the City Attorney for Coral Gables, Florida since 2011.  He has also served as an adjunct professor of law for universities in Florida.  If the published … Continue Reading

OFCCP Files Its First Complaint Against A Federal Contractor During the Trump Administration

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in OFCCP
On October 10, 2017, the U.S. Office of Federal Contractor Compliance Programs (“OFCCP”) filed its first Complaint against a federal contractor since President Trump took office. The Complaint alleges that contractor Advance 2000 Inc. (the “Contractor”) violated a June 2015 conciliation agreement with OFCCP by failing to submit required progress reports and failing to respond to … Continue Reading

OFCCP Issues Compliance Relief to Federal Contractors in Wake of Devastating Hurricanes

By Connie Bertram and Alex Weinstein on Posted in Affirmative Action Plan (AAP), Federal Contractors, OFCCP
In the wake of the devastating series of hurricanes throughout the United States, the Office of Federal Contractor Compliance Programs (“OFCCP”) has provided compliance exemptions to federal contractors providing hurricane relief.  OFCCP has issued three National Interest Exemptions:  one for Hurricane Harvey; one for Hurricane Irma; and one for Hurricane Maria. The notices provide contractors … Continue Reading

OFCCP Holds First of Three Compliance Assistance Town Hall Meetings

By Guy Brenner on Posted in OFCCP
As we previously reported, the OFCCP announced in August that it would hold three “compliance assistance” town hall meetings. The first was held on September 19, 2017, at the Department of Labor’s Headquarters in Washington, D.C. Proskauer was at the meeting, which was attended by government contractor representatives from many different sectors of the economy, as … Continue Reading

Department Of Labor Challenges ALJ’s Decision On Google’s Obligation To Respond To OFCCP Data Requests

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Discrimination, OFCCP
In July, we reported that an Administrative Law Judge (“ALJ”) had ruled on OFCCP’s dispute with Google over the tech giant’s refusal to turn over certain documents in connection with a routine audit of Google’s headquarters. In his Recommended Decision and Order, the ALJ narrowed the scope of what OFCCP could request from Google without … Continue Reading

Trump Administration Signals Delay in Merger of EEOC and OFCCP

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in EEOC, OFCCP
As we previously reported, President Trump, as part of his Fiscal Year 2018 Budget request, proposed a merger of the Office of Federal Contractor Compliance Programs (“OFCCP”) and the Equal Employment Opportunity Commission (“EEOC”) to “promote greater efficiency and effectiveness.”  In an August 24, 2017 letter, Acting Director of the OFCCP, Thomas Dowd, signaled a … Continue Reading
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