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
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 abuse to investigative agencies. The … Continue Reading
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 history. In lieu of banning … Continue Reading
By Connie Bertram and Andrew Aitchison on Posted in OFCCP
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 … Continue Reading
By Connie Bertram and Daniel Davis on Posted in OFCCP
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 Department of Labor to promulgate … Continue Reading
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 … Continue Reading
By Amy Blackwood and Connie Bertram on Posted in Disability,OFCCP
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 that are available to provide … Continue Reading
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 Nondiscrimination Obligations of Contractors and … Continue Reading
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 & Regulatory Update posts on August 27, … Continue Reading
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 to check the Government Contractor Compliance … Continue Reading
Connie N. Bertram, co-head of Proskauer’s DC Labor and Employment practice and co-head of the Government Contractor Compliance and Relations Group, was interviewed by Human Resource Executive regarding the impact of the government shutdown on government contractors. Ms. Bertram highlighted the dilemma facing contractors who received a stop-work order and who employ foreign nationals in … Continue Reading
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
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 subscribe to the RSS feed for … Continue Reading
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 the shutdown may not receive compensation beyond … Continue Reading
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.… Continue Reading
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 … Continue Reading
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 … Continue Reading
On May 15, 2013, the Office of Federal Contract Compliance Programs (“OFCCP”) announced that covered federal contractors will have until January 1, 2014 to start using 2010 Census data for determining availability when preparing annual affirmative action plans. Contractors may continue to use the “old” census data (the Census 2000 Special EEO File) for plan … Continue Reading
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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