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 contracts cannot be identified). The Order, “Ensuring Pay Equity By State Contractors,” compels state contractors to disclose this data for all state contracts, agreements, and procurements issued and executed on or after June 1, 2017.
Confidentiality Agreements of Federal Contractor Employees – Changes To The Federal Acquisition Regulations Are Coming Soon
Confidentiality agreements for employees of federal contractors are increasingly coming under scrutiny by federal agencies. In late 2014, as part of the Consolidated and Further Continuing Appropriations Act (the “Act”), Congress prohibited the appropriation of federal funds to government contractors whose confidentiality policies restrict employees from reporting fraud, waste, or
Tampa Council Says No to “Ban the Box” Law for City Contractors, Seeks Alternative Legislation
Last Thursday, Tampa’s City Council declined to pass a law that would have “banned the box” for city contractors. “Ban the box” refers to a movement at the state and local levels of government to remove the check box from job applications that ask whether the candidate has a criminal
Obama Requests Increased OFCCP Funding in FY 2015 Budget
On March 4, 2014, Secretary of Labor Thomas Perez released OFCCP’s FY 2015 budget request, which includes a request for over $107 million in funding for OFCCP’s operations. This amount represents a $3 million increase over 2014, including funding for an additional 10 full-time equivalent employees.
Significant in the FY 2015 budget is a request for an additional $1.1 million dedicated to strengthening efforts to eliminate pay discrimination affecting women. The 10 additional employees requested in the budget are intended to support this effort. OFCCP’s augmented focus on pay equity in FY 2015 continues OFCCP’s focus on compensation issues, including the issuance of a recent Directive concerning compensation analyses and audits and a notice of rulemaking concerning a new compensation data collection tool.
Other highlights include:
White House Announces Additional Executive Orders For Federal Government Contractors
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
DOD Issues Proposed Rule Extending Limitations on Contractor Employee Personal Conflicts of Interest
The Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) have issued a proposed rule amending the Federal Acquisition Regulations (FAR) to extend the limitations on contractor employee personal conflicts of interest. The proposed rule will extend those limitations to the performance of all functions that are closely associated with inherently governmental functions and contracts for personal services. Functions closely associated with inherently governmental functions include services that involve or relate to budget preparation, feasibility studies, and the evaluation of another contractor’s performance. They also include contractors providing assistance in the development of statements of work or participating in any activities or functions that could lead to the assumption that they are agency employees or representatives.
OFCCP Adds New Resources to Disability and Veterans Community Resources Directory
Last month, the Office of Federal Contract Compliance Programs (OFCCP) created the Disability and Veterans Community Resources Directory. The goal of the Directory is to assist contractors in locating community and other resources for recruiting veterans and individuals with disabilities. The Directory contains a non-exhaustive list of groups and organizations
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