President Obama is expected to sign two executive orders that will impose additional compliance obligations on federal government contractors. The first order will reportedly bar federal contractors from retaliating against employees for discussing pay issues with co-workers. The President is also expected to sign a second executive order directing the
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District Court Rejects Challenge to Section 503 Final Rule
On Friday, March 21, 2014, Federal District Judge Emmet Sullivan ruled in favor of the Office of Federal Contractor Compliance Programs’ (“OFCCP”) recent rule implementing Section 503 of the Rehabilitation Act, denying a challenge by the Associated Builders and Contractors trade organization (“ABC”). As a result, OFCCP’s Rule—“Affirmative Action and…
OFCCP Publishes FAQs Addressing Implementation of the New VEVRAA and Section 503 Final Rules
On December 17, 2013, the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) published additional Frequently Asked Questions (“FAQs”) on the implementation of the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) and Section 503 of the Rehabilitation Act final rules.
As discussed in prior Government Contractor Compliance &…
Joint Standards Proposed for Assessing Diversity Policies and Practices of Dodd-Frank Covered Entities
On November 5, 2013, Proskauer issued a Client Alert providing an analysis of the jointly-proposed standards for assessing the diversity policies and practices of entities subject to the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. Attached is a link to the Client Alert. Please be sure…
More Practical Employment Law Issues Facing Government Contractors in the Wake of the Federal Government Shutdown
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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…
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.
Interim Rules on Whistleblower Protection for Contractor Employees Issued by DOD, GSA and NASA
On September 27, 2013, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration announced interim rules in the Federal Acquisition Regulations (“FAR”) and Defense Federal Acquisition Regulations Supplement (“DFAR”) outlining enhancements to whistleblower protections for contractor employees (the “Program”). The interim rules implement Section 828 of the National Defense Authorization Act (“NDAA”) for Fiscal Year 2013, which went into effect on July 1, 2013. The interim rules create a four-year pilot program for executive agencies subject to the Public Contracts section of the United States Code (“Title 41 agencies”) and make extensive changes to whistleblower protection for agencies subject to the Armed Forces section of the United States Code (“Title 10 agencies”). The interim rules also create a whistleblower exemption for portions of the intelligence community subject to the National Security Act of 1947 (“Title 50 agencies.”)
FAR Provision on Human Trafficking Proposed
On September 26, 2013, the Department of Defense, General Services Administration and the National Aeronautics and Space Administration published a proposed rule in the Federal Register seeking to amend the Federal Acquisition Regulation (“FAR”) to implement recent mandates aimed at stemming human trafficking. In addition to codifying the current zero-tolerance policy against human trafficking, FAR subpart 22.17 would impose additional requirements on all Government contractors and subcontractors for ensuring awareness, compliance and enforcement of this policy.
Health Insurer Settles OFCCP Retaliation Allegations for $372,000
A health insurance provider in Massachusetts has agreed to pay $372,739 to resolve an Office of Federal Contract Compliance Programs (OFCCP) investigation into claims of discrimination and retaliation. The insurer denies the allegations, stating that insufficient recordkeeping is to blame.