Government Contractor Compliance & Regulatory Update

Tag Archives: Department of Labor

Department of Labor Issues Proposed Rule Implementing Executive Order Requiring Federal Contractors To Provide Employees Paid Sick Leave

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Department of Labor
On February 24, 2016, the U.S. Department of Labor released a proposed rule to implement President Obama’s September 7, 2015 Executive Order requiring federal contractors to provide paid sick leave to employees.  The rule is scheduled to be published in the Federal Register on February 25, 2016. Our original blog post on the executive order … Continue Reading

New Pay Transparency Rules Go Into Effect January 11, 2016 – OFCCP Offers Webinar To Explain New Obligations

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Department of Labor, Discrimination, OFCCP
On January 11, 2016, the final rule implementing Executive Order 13665 (the “Order”) goes into effect. The Order prohibits federal contractors from firing or otherwise disciplining employees or job applicants for discussing their pay or the pay of their co-workers.  Our previous blog post outlining the final rule’s requirements can be found here. Today (January … Continue Reading

DOL Settles Systemic Hiring and Pay Discrimination Claim With Government Contractor For Close to $2 Million

By Guy Brenner and Alex Weinstein on Posted in Compensation, Department of Labor, Discrimination, OFCCP
On November 19, 2015, the U.S. Department of Labor (“DOL”) Office of Federal Contract Compliance Programs (“OFCCP”) announced that it reached a settlement with nine locations of a government contractor “to remedy systemic hiring and pay discrimination violations.”  The contractor in question provides uniform and facility services products to private businesses and the federal government. The … Continue Reading

U.S. Department of Labor Publishes Final Rule Implementing Pay Transparency Executive Order

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Department of Labor, Discrimination, OFCCP
Today (September 10, 2015), the Department of Labor issued its final rule, implementing Executive Order 13665  (the “Order”), which prohibits federal contractors from firing or otherwise disciplining employees or job applicants for discussing their pay or the pay of their co-workers.  The final rule goes into effect on January 11, 2016. The final rule comes … Continue Reading

BREAKING: Obama Administration Issues Executive Order Requiring Federal Contractors To Provide Employees Paid Sick Leave

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Department of Labor, Federal Acquisitions
On September 7, 2015, the President issued the Establishing Paid Sick Leave for Federal Contractors Executive Order (the “Order”) requiring federal contractors to provide up to 56 hours (7 days) of paid sick leave per year to their employees on new contracts entered into after January 1, 2017.  The White House anticipates that the Order … Continue Reading

The American Bar Association Joins Growing Chorus Of Groups Raising Concerns About Fair Pay And Safe Workplaces Regulations

By Connie Bertram and Guy Brenner on Posted in Federal Acquisitions, OFCCP
On August 26, 2015, the Section of Public Contract Law of the American Bar Association (“ABA”) submitted public comments to the General Services Administration (“GSA”) and the U.S. Department of Labor (“DOL”) on their proposed regulations and guidance implementing the Fair Pay and Safe Workplaces Executive Order (the “Order”). In its eighteen-page letter, the ABA raises … Continue Reading

For The Second Time, DOL And FAR Council Extend Notice and Comment Period For Guidance And Regulations Implementing The Fair Pay And Safe Workplaces Executive Order

By Connie Bertram and Guy Brenner on Posted in Department of Labor, Federal Acquisitions, OFCCP
Today (August 5, 2015), the U.S. Department of Labor (“DOL”) published an announcement in the Federal Register informing the public that both it and the FAR Council have extended the notice and comment period for the proposed guidance and regulations implementing the Fair Pay and Safe Workplaces Executive Order (the “Order”). The public now has … Continue Reading

OFCCP Publishes New Outreach and Education Poster

By Connie Bertram and Alex Weinstein on Posted in Department of Labor, Discrimination, OFCCP
On August 3, 2015, the Office of Federal Contractor Compliance Programs (“OFCCP”) published a new poster. According to OFCCP, the Outreach and Education poster is the result of “feedback received during stakeholder listening sessions.” OFCCP explains that the aim of the poster is to “increase public awareness of OFCCP and its mission,” as well as … Continue Reading

Members of Congress Request Withdrawal Of Proposed Guidance And Regulations For Fair Pay And Safe Workplaces Executive Order

By Connie Bertram and Guy Brenner on Posted in Department of Labor, Federal Acquisitions, OFCCP
On July 15, 2015, eight members of Congress sent a letter to the U.S. Secretary of Labor and the Administrator for the Office of Federal Procurement Policy, requesting that the proposed guidance and regulations for the Fair Pay and Safe Workplaces Executive Order (the “Order”) be withdrawn. This letter comes just days after the Department … Continue Reading

OFCCP Seeks Final Approval Of Its Pay Transparency Regulations From OMB

By Alex Weinstein and Connie Bertram on Posted in Department of Labor, Federal Acquisitions, OFCCP
OFCCP recently sent its proposed final regulations implementing Executive Order 13665 (the “Order”) to the Office of Management and Budget (“OMB”) for final approval. The Order, among other things, mandates that federal contractors disclose additional compensation information to employees and permit employees openly to discuss compensation without retribution. The Order directed the U.S. Department of … Continue Reading

DOL And FAR Council Extend Notice and Comment Period For Guidance And Regulations Implementing The Fair Pay And Safe Workplaces Executive Order

By Connie Bertram and Guy Brenner on Posted in Federal Acquisitions, OFCCP
On July 14, 2015 the U.S. Department of Labor (“DOL”) announced that both it and the FAR Council have extended the notice and comment period for the proposed guidance and regulations implementing the Fair Pay and Safe Workplaces Executive Order (the “Order”). The public now has through August 11, 2015 to comment on the proposed … Continue Reading

DOL Files Discrimination Suit Against Baltimore-Based Federal Contractor

By Connie Bertram and Alex Weinstein on Posted in Discrimination, OFCCP
The U.S. Department of Labor (“DOL”) Office of Federal Contract Compliance Programs (“OFCCP”) has filed a lawsuit before the Office of Administrative Law Judges against WMS Solutions LLC (“WMS”) alleging violations of Executive Order 11246. Executive Order 11246 prohibits discrimination in employment by federal contractors on the basis of race, color, sex, religion, sexual orientation, … Continue Reading

The New OFCCP Sexual Orientation And Gender Identity Protections Are Now In Effect

By Alex Weinstein and Connie Bertram on Posted in Department of Labor, Discrimination, Employment Law, Federal Acquisitions, OFCCP
Yesterday, Executive Order (“EO”) 11246, as amended by EO 13762, officially went into effect, representing the first time in the federal sector that sexual orientation and gender identity have been expressly protected. On July 21, 2014, President Obama issued EO 13762, which amended EO 11246 to prohibit federal contractors from discriminating against employees on the … Continue Reading

DOL Proposes Rule Requiring Contractors to Report Aggregate Veterans Information

By Andrew Aitchison on Posted in Labor Law
The Department of Labor (“DOL”) issued a Notice of Proposed Rulemaking (“NPRM”) on Friday which would change reporting requirements for federal contractors under the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”).  Under the proposed rule, covered contractors would be required to report information about protected veteran employees “in the aggregate” instead of for each protected … Continue Reading

DOL Seeks Remand Of District Court Case Regarding OFCCP’s Data Gathering Authority

By Daniel Davis on Posted in Affirmative Action, Department of Labor, Employment Law, OFCCP
Earlier this week the Department of Labor moved to remand Frito-Lay’s lawsuit seeking to block the production of employment data in connection with an OFCCP investigation into discrimination at its Dallas facility.  Frito-Lay, Inc. v. Department of Labor, 3:12-cv-01747 (N.D. Tex. 2012).  The resolution of this case may impact the scope of OFCCP’s authority to … Continue Reading

OFCCP Publishes FAQs Addressing Implementation of the New VEVRAA and Section 503 Final Rules

By Connie Bertram on Posted in Affirmative Action Plan (AAP), Department of Labor, Employment Law, OFCCP
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

More Practical Employment Law Issues Facing Government Contractors As The Federal Government Shutdown Continues

By Connie Bertram on Posted in Compensation, Department of Labor, OFCCP
The federal government shutdown is now entering its third week.  Although there are some hopeful signs here in Washington that an agreement that will allow the federal government to reopen will be reached, it is unclear when a deal will be forged.  This political tug-of-war has left many government contractors in limbo.  Already facing stop-work … Continue Reading

Practical Employment Law Issues Facing Government Contractors in the Wake of the Federal Government Shutdown

By Connie Bertram on Posted in Department of Labor, Employment Law, Federal Acquisitions, OFCCP
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

OFCCP Announced a Series of Consent Decrees Impacting Contractors Prior to the Government Shutdown

By Connie Bertram on Posted in Compensation, Department of Labor, Discrimination, OFCCP
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

House Committee Seeks Information from OFCCP on Veterans and Individuals with Disabilities

By Daniel Davis on Posted in Disability, OFCCP
On September 19, 2013, two members of the House of Representatives’ Education and Workforce Committee sent a letter to Department of Labor Secretary Thomas Perez seeking additional information regarding the regulations recently adopted by the Office of Federal Contract Compliance Programs (“OFCCP”) regarding individuals with disabilities and protected veterans.  As previously discussed, those regulations impose … Continue Reading

DOL Seeks To Defend Its Data Gathering Authority

By Daniel Davis on Posted in Department of Labor, Employment Law, OFCCP
Last week, the Department of Labor moved to dismiss Frito-Lay’s lawsuit (Frito-Lay, Inc. v. Department of Labor, 3:12-cv-01747 (N.D. Tex. 2012)) seeking to block the production of employment data for an OFCCP investigation into discrimination at its Dallas facility.  The case is an important test of the scope of OFCCP’s authority to request documents from government … Continue Reading
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