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
compensation
More Practical Employment Law Issues Facing Government Contractors in the Wake of the Federal Government Shutdown
…
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…
Availability of Retroactive Compensation to Contractors Post-Government Shutdown
Connie N. Bertram, Co-Chair of the Government Contractor Compliance Group, was quoted in an article in the Washington Post yesterday discussing the compensation of employees of contractors impacted by the government shutdown. Ms. Bertram explained that employees of government contractors who have been furloughed as a consequence of…
OFCCP Announced a Series of Consent Decrees Impacting Contractors Prior to the Government Shutdown
Medtronic, Inc. and Medtronic Interventional Vascular, Inc.
A Department of Labor Administrative Law Judge (“ALJ”) approved a consent decree on September 16, 2013 between the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) and Medtronic, Inc. (“Medtronic”) to settle claims of national origin discrimination in pay.
Research Confirms OFCCP Compensation Settlements and Conciliations on the Rise
Research published by the Center for Corporate Equality (CCE), a Washington, D.C. research organization, reveals that the number of OFCCP audits resulting in a conciliation agreement has risen sharply under the Obama administration.
CCE compiled information from the Labor Department’s enforcement database as well as documents obtained through Freedom of Information. Their research revealed that, during the Bush administration, only approximately 8 percent of all OFCCP audits ended in a conciliation agreement. By contrast, the average during the Obama administration so far is close to 21 percent. Findings of discrimination overall did not increase significantly during this period. Between 2004 and 2008, the second term of Bush’s administration, 1.58 percent of all compliance evaluations resulted in a finding of discrimination, compared to 2.27 percent under the Obama administration so far—a rise of just 0.7 percent.
Proskauer Presents Webinar On Recent Compensation Developments
Today, Proskauer partners Larry Lorber, Connie Bertram and Leslie Silverman presented a webinar entitled “The OFCCP’s New Compensation Standards: What Does It Mean For Federal Contractors And For Pay Equity Claims Before The EEOC And Federal Courts?” The webinar reviewed the OFCCP’s recent Directive 307 adopting new standards for compensation reviews. It also analyzed both the OFCCP’s and EEOC’s strategies for analyzing compensation issues. Proskauer provided practice guidance to employers to assess their compensation systems in light of these agencies’ renewed emphasis on compensation. To access the program, please continue reading.
New Pay Discrimination Directive Issued by OFCCP
On February 26, 2013, OFCCP announced the rescission of two guidance documents on pay discrimination issued in 2006: Interpreting Nondiscrimination Requirements of Executive Order 11246 With Respect to Systemic Compensation Discrimination (“Compensation Standards”) and Voluntary Guidelines for Self-Evaluation of Compensation Practices for Compliance With Nondiscrimination Requirements of Executive Order 11246 With Respect to Systemic Compensation Discrimination (“Voluntary Guidelines”). The rescissions took effect on February 28, 2013. OFCCP also issued Directive 307, Procedures for Reviewing Contractor Compensation Systems and Practices, (“Directive 307” or “Directive”), effective February 28, 2013, which describes the procedures that OFCCP will use when conducting compensation investigations.