Government Contractor Compliance & Regulatory Update

Tag Archives: federal contractor

U.S. House Committee on Appropriations Votes to Defund Revised Form EEO-1 Requiring Disclosure of Pay Data

By Alex Weinstein and Connie Bertram on Posted in Compensation, Discrimination, EEOC, Federal Contractors
On July 13, 2017, the House Committee on Appropriations voted to defund efforts to implement the Equal Employment Opportunity Commission’s (“EEOC”) revised Form EEO-1.  If the Appropriations Bill is ultimately passed, it will severely limit the EEOC’s ability to implement its revised EEO-1.… Continue Reading

Contractors with Access to Classified Information Now Subject to Heightened Reporting Requirements

By Connie Bertram and Ryan Hutzler on Posted in Federal Contractors
Effective June 12, 2017, executive branch agency employees, contractors and subcontractors who have access to classified information or hold sensitive positions must report personal trips abroad as well as a wide range of foreign contacts. This new security directive, “Reporting Requirements for Personnel With Access to Classified Information or Who Hold a Sensitive Position,” was … Continue Reading

Effective January 1, 2017: New Federal Contractor Paycheck Transparency, Independent Contractor Notice, and Paid Sick Leave Obligations

By Alex Weinstein and Guy Brenner on Posted in Department of Labor, Federal Acquisitions, Federal Contractors, OFCCP
On January 1, 2017, new federal contract paycheck transparency, independent contractor notification, and paid sick leave requirements go into effect.  Below we summarize the key elements of these new regulatory requirements.… Continue Reading

BREAKING: FEDERAL JUDGE ENJOINS IMPLEMENTATION OF PART OF FAIR PAY AND SAFE WORKPLACES (“BLACKLISTING”) EXECUTIVE ORDER, REGULATIONS, AND GUIDANCE

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Department of Labor, Federal Acquisitions, Federal Contractors, Labor Law
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 … Continue Reading

Proskauer Attends And Presents At The Industry Liaison Group’s National Conference

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Labor Law, OFCCP
From August 3-5, the Industry Liaison Group, a community of government contractors and members of the government contractor community, held its National Conference in Charlotte, North Carolina. The event featured various speakers on a multitude of topics, including pay equity and achieving equality in the workplace. Proskauer attorneys Connie Bertram, Guy Brenner, and Alex Weinstein … Continue Reading

DOL Issues Guidance Regarding Interaction Between Affordable Care Act And Fringe Benefit Requirements Under Service Contract, Davis Bacon And Related Acts

By Connie Bertram, Daniel Davis and Alex Weinstein on Posted in Compensation, Department of Labor
The Davis Bacon Act and the Davis Bacon Related Acts (collectively “DBRA”) and the Service Contract Act (“SCA”) impose additional obligations related to fringe benefits and wages on covered contractors.  With the passing of the Affordable Care Act (“ACA”), there have been lingering questions as to how the mandate that Applicable Large Employers (“ALE”) provide … 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

Confidentiality Agreements of Federal Contractor Employees – Changes To The Federal Acquisition Regulations Are Coming Soon

By Alex Weinstein and Connie Bertram on Posted in Federal Acquisitions
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

19 Democratic Senators Urge DOL To Implement Fair Pay And Safe Workplaces Executive Order

By Connie Bertram and Alex Weinstein on Posted in Department of Labor, Federal Acquisitions
On July 31, 2014, President Obama signed the Fair Pay and Safe Workplaces Executive Order (the “Order”), which imposes additional disclosure and compliance obligations on federal government contractors with contracts valued at $500,000 or more. Among other things, the Order will require contractors to disclose violations of numerous labor, employment, wage payment and safety laws … Continue Reading

White House Announces Additional Executive Orders For Federal Government Contractors

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

OFCCP Adds New Resources to Disability and Veterans Community Resources Directory

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

District Court Rejects Challenge to Section 503 Final Rule

By Andrew Aitchison on Posted in Disability, OFCCP
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

OFCCP Seeks Comments On Discrimination Complaint Form

By Daniel Davis and Connie Bertram on Posted in Discrimination, Employment Law, OFCCP
OFCCP is seeking public comment its form for individual complaints of discrimination and retaliation.  An employee or applicant of a federal contractor may file a complaint of discrimination or retaliation with the OFCCP.  The OFCCP has a form for such complaints, designated Form CC-4.  The two-page form seeks identifying information about the complainant, a description … 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

Post-Shutdown Issues Facing Government Contractors Who Employ Foreign Nationals in the United States

By Connie Bertram on Posted in Compensation, Employment Law, OFCCP
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

Preparing for Future Government Shutdowns

By Connie Bertram on Posted in Employment Law, Labor Law, OFCCP
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

More 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, OFCCP
On October 15, 2013, Proskauer issued an additional 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

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

Availability of Retroactive Compensation to Contractors Post-Government Shutdown

By Connie Bertram on Posted in Compensation, Federal Acquisitions
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

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

Energy Company Settles OFCCP Racial Bias Allegations

By Connie Bertram on Posted in Department of Labor, Discrimination, OFCCP
On September 27, 2013, Baltimore Gas & Electric Company (“BGE”) announced that it entered into a conciliation agreement with the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) to settle claims of racial bias in its hiring practices.  OFCCP did not announce the settlement prior to suspending operations due to the government shutdown. … Continue Reading

Interim Rules on Whistleblower Protection for Contractor Employees Issued by DOD, GSA and NASA

By Connie Bertram on Posted in Employment Law, Federal Acquisitions, Security, Whistleblower
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

FAR Provision on Human Trafficking Proposed

By Connie Bertram on Posted in Employment Law, Federal Acquisitions
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

Responsibility of an Employer to Act Upon Threats From or By an Employee

By Connie Bertram on Posted in Employment Law, Security
Connie N. Bertram, Co-Chair of the Government Contractor Compliance Group, was quoted in an article in the Washington Post discussing the Navy Yard shootings.  Ms. Bertram reminded contractors of the obligation to notify the government of threatening and violent conduct by employees with security clearances.  She also emphasized that contractors have an independent right under … Continue Reading
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