While much of the focus on President Trump’s recent Executive Order on Ending Illegal Discrimination and Restoring Merit-Based Opportunity (the “EO”) has been on its elimination of race and sex-based affirmative action requirements for federal contractors, another provides carries even greater potential implications. The EO also introduces new contractual obligations
Michael Schloss: New OFCCP Acting Director and Deputy Director of Policy
According to the National Office Directory for OFCCP, Michael Schloss has been named as the new Acting Director and Deputy Director of Policy of the Office of Federal Contract Compliance Programs (“OFCCP”). Michele Hodge, who previous served as Acting Director, is now listed as Deputy Director. The agency has
Breaking: President Trump Rescinds Executive Order 11246
On January 21, 2025, President Trump issued a broad executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”), which among other things, rescinds Executive Order (“EO”) 11246. EO 11246 is the underpinning for government contractor race and sex affirmative action program requirements. The order also
What’s Next for OFCCP Under The Second Trump Term?
With President Trump’s second administration set to begin on January 20, 2025, federal contractors and subcontractors are anxiously awaiting what he might do with respect to the Office of Federal Contract Compliance Programs (“OFCCP”) and the employment obligations imposed on federal government contractors. While the Trump transition team has not
White House Issues First Artificial Intelligence Executive Order: AI Guidance for Federal Contractors Forthcoming
On October 30, 2023, President Biden issued an “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (the “EO”), the first executive order directly addressing artificial intelligence.
Of particular interest to federal government contractors, the EO provides that within 365 days of publication
OFCCP Announces Response to Revocation of Executive Order Limiting Diversity Trainings
As we previously reported, shortly after taking office, President Biden revoked the controversial Combatting Race and Sex Stereotyping Executive Order (the “Order”) as part of a new Executive Order focusing on “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government.” The new Order notes that “[i]t
BREAKING: Blacklisting Rule Is Officially and Completely Dead
Yesterday (March 27, 2017), President Trump signed into law a Congressional Joint Resolution of Disapproval (the “Resolution”), revoking the rules implementing the controversial Fair Pay and Safe Workplaces Executive Order, better known as the Blacklisting Rule. The same day, President Trump issued a new Executive Order – The “Presidential Executive Order on the Revocation of Federal Contracting Executive Orders” – officially revoking the Fair Pay and Safe Workplaces Executive Order.
Governor Cuomo Signs Executive Order Requiring State Contractors To Report Job Title And Pay Data
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.
BREAKING: FEDERAL JUDGE ENJOINS IMPLEMENTATION OF PART OF FAIR PAY AND SAFE WORKPLACES (“BLACKLISTING”) EXECUTIVE ORDER, REGULATIONS, AND GUIDANCE
On October 24, 2016, just one day prior to effective date of the Regulations and Guidance implementing the Fair Pay and Safe Workplaces Executive Order (collectively the “Rule”), Judge Marcia Crone of the U.S. District Court for the Eastern District of Texas enjoined the implementation of almost every provision of the Rule. Specifically, Judge Crone enjoined the implementation of the Rule’s new labor law violation reporting requirements and the Rule’s arbitration agreement restrictions. Judge Crone declined to enjoin the paycheck transparency provisions, which go into effect on January 1, 2017.
Challenge To The Fair Pay And Safe Workplaces (“Blacklisting”) Rule To Be Heard On October 21, 2016
On October 7, 2016, the first lawsuit challenging the Fair Pay and Safe Workplaces Executive Order (the “Order”) and its Final Rule and Guidance (collectively the “Rule”) was filed in the U.S. District Court for the Eastern District of Texas. The lawsuit, seeks a preliminary injunction preventing implementation of the Rule, declaratory judgment declaring the Rule invalid, and an order vacating the Rule. A hearing on the plaintiffs’ motion for preliminary injunction will be heard by District Judge Marcia Crone on October 21, 2016.