Government Contractor Compliance & Regulatory Update

Tag Archives: federal contractors

DOL Issues Proposed Rule on Raising Minimum Wage to $15 per Hour for Federal Contractor Employees

By Guy Brenner and Abigail Rosenblum on Posted in Department of Labor
Quick Hit On July 21, 2021, the Department of Labor (“DOL”) announced a proposed rule (the “Proposed Rule”) to implement President Biden’s Executive Order (the “Order”) requiring an increase of the minimum wage for certain employees of covered federal contractors and subcontractors to $15.00 per hour – except for tipped workers who must be paid … Continue Reading

BREAKING: The Government Shutdown Is Officially Here – What Does It Mean For Federal Contractors?

By Guy Brenner and Alex Weinstein on Posted in Federal Contractors
As of midnight on December 21, 2018, portions of the government have been shut down until Congress is able to pass a spending bill. Due to ongoing political fights surrounding the border wall, it remains unclear when the government will be fully operational again. In addition to the 400,000 government workers the Washington Post anticipates … Continue Reading

OFCCP Rescinds Active Case Enforcement Procedures

By Guy Brenner and Alex Weinstein on Posted in Federal Contractors, OFCCP
Quick Hit:  Office of Federal Contractor Compliance Programs (“OFCCP”) has issued Directive 2019-01 (the “Directive”), which rescinds Directive 2011-01 which established OFCCP’s now-defunct Active Case Enforcement or “ACE” policy.  Through ACE, OFCCP conducted fewer but more intensive compliance evaluations of government contractors.  In issuing the Directive, OFCCP is formally ending ACE, while adopting an approach … Continue Reading

OFCCP Introduces New Directive Enhancing Compliance Guidance Programs For Contractors

By Guy Brenner and Alex Weinstein on Posted in Federal Contractors, OFCCP
Quick Hit:  The Office of Federal Contractor Compliance Programs (“OFCCP”) issued Directive 2019-03 (the “Directive”), which announces two steps the agency will take to enhance compliance assistance for contractors.  OFCCP will now make “certain Help Desk inquires and responses dynamically available and searchable as a self‐service option on OFCCP’s website.”  OFCCP will also begin using … Continue Reading

2017 EEO-1 Reports Now Available For Submission

By Alex Weinstein, Connie Bertram and Guy Brenner on Posted in EEOC, Federal Contractors
Yesterday, the 2017 EEO-1 Survey became available.  Government contractors or subcontractors with 50 or more employees and a contract/subcontract of $50,000 or more must file EEO-1 reports by March 31, 2018.  Please read our post on Law and the Workplace for more details on this year’s reporting requirements.… Continue Reading

POTENTIAL GOVERNMENT SHUTDOWN – What Every Government Contractor Needs To Know

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Department of Labor, Federal Contractors, Labor Law
Once again, a government shutdown seems inevitable.  During previous government shutdowns, government agencies and departments issued stop-work orders, grinding work on government projects and contracts to a halt.  Contractors were then faced with the difficult task of remaining in compliance with their obligations to their employees while work and funding for those contracts has ceased. … Continue Reading

OFCCP Settles Hiring Discrimination Case with LandCare USA, LLC

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Federal Contractors, OFCCP
The Austin, Texas location of LandCare USA, LLC (the “Company”), a company providing landscaping services, recently entered into a conciliation agreement with the Office of Federal Contractor Compliance Programs (“OFCCP”) to settle claims that the Company had discriminated in its hiring of females, and non-Hispanic applicants in its Laborer job group.  The Company has agreed … Continue Reading

OFCCP Appoints New Director (Not Craig Leen)

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Department of Labor, Federal Contractors, OFCCP
Two weeks after reports emerged that a new director of the Office of Federal Contractor Compliance Programs (“OFCCP”) had been appointed, according to the OFCCP’s website, Ondray T. Harris has been appointed as the next director of the OFCCP.  The OFCCP’s website lists former Acting Director Thomas Dowd as the Deputy Director of the agency, … Continue Reading

Reports: Craig Leen’s Appointment As OFCCP Director Remains Uncertain

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Department of Labor, Federal Contractors, OFCCP
As we previously reported, various media outlets reported earlier this month that Coral Gables City Attorney, Craig Leen, would be appointed Director of the Office of Federal Contractor Compliance Programs (“OFCCP”).  These reports came amid silence by the Trump administration as to the anticipated appointment. Since our last post, the confusion over Mr. Leen’s role … Continue Reading

OFCCP Issues Compliance Relief to Federal Contractors in Wake of Devastating Hurricanes

By Connie Bertram and Alex Weinstein on Posted in Affirmative Action Plan (AAP), Federal Contractors, OFCCP
In the wake of the devastating series of hurricanes throughout the United States, the Office of Federal Contractor Compliance Programs (“OFCCP”) has provided compliance exemptions to federal contractors providing hurricane relief.  OFCCP has issued three National Interest Exemptions:  one for Hurricane Harvey; one for Hurricane Irma; and one for Hurricane Maria. The notices provide contractors … Continue Reading

Federal Contractor Minimum Wage Increase Announced – Changes Effective January 1, 2018

By Connie Bertram and Alex Weinstein on Posted in Compensation, Federal Contractors
On September 15, 2017, the Department of Labor announced an increase in the minimum wage that certain federal contractors must pay to employees.  This comes as part of a planned incremental increase in the federal contractor minimum wage implemented by President Obama’s 2014 Executive Order (the “Order”). As discussed in a previous blog post on … Continue Reading

BREAKING: Blacklisting Rule Is Officially and Completely Dead

By Guy Brenner and Alex Weinstein on Posted in Federal Acquisitions, Federal Contractors
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 … Continue Reading

Renewed OFCCP Voluntary Self-Identification of Disability Form Now Available

By Connie Bertram, Guy Brenner and Ryan Hutzler on Posted in Federal Contractors, OFCCP
Earlier today, the Office of Federal Contract Compliance Programs (OFCCP) announced that the Office of Management and Budget renewed the voluntary self-identification form for individuals with disabilities for an additional three years. This renewed Voluntary Self-Identification of Disability form is exactly the same as the prior form, except that it has a new expiration date … Continue Reading

EFFECTIVE TODAY: FAR Barring Certain Contractor Confidentiality Agreements

By Guy Brenner and Alex Weinstein on Posted in Federal Acquisitions
Today (January 19, 2017), the Employee Internal Confidentiality Agreements or Statements Federal Acquisition Regulation (the “Rule”) goes into effect.  The Rule prohibits the government from contracting with companies that require employees or subcontractors to sign “internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or … Continue Reading

Challenge To The Fair Pay And Safe Workplaces (“Blacklisting”) Rule To Be Heard On October 21, 2016

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

New Interim Rule Prohibits Federal Contractors From Retaliating Against Employees Who Discuss Compensation With Colleagues

By Guy Brenner and Ryan Hutzler on Posted in Compensation, Federal Contractors, OFCCP
On September 30, 2016, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration issued an interim rule titled “Non-Retaliation for Disclosure of Compensation Information.” The interim rule implements Executive Order 13665 (the “Order”).  The Order, which President Obama signed on April 8, 2014, prohibits federal contractors from retaliating against employees who … Continue Reading

BREAKING: DOL Publishes Final Rule Requiring Federal Contractors To Provide Paid Sick Leave To Employees

By Alex Weinstein, Connie Bertram and Guy Brenner on Posted in Department of Labor, Labor Law
Today, the U.S. Department of Labor (“DOL”) published its final rule implementing Executive Order 13706 (the “Final Rule”), which requires certain federal contractors and subcontractors to provide paid sick leave to their employees.  Our previous blog posts on this development can be found here and here.… Continue Reading

Rule Governing Paid Sick Leave for Federal Contractors Completes OMB Review Process

By Alex Weinstein and Guy Brenner on Posted in Department of Labor, Federal Acquisitions
As reported today in Politico, the rule effectuating Executive Order 13706 (the “Order”), which requires certain federal contractors and subcontractors to provide their workers up to seven days of paid sick leave annually, has completed the Office of Management and Budget (“OMB”) review process.  Our previous blog posts on the subject can be found here … Continue Reading

Department of Labor Announces “Preassessment” Program For Government Contractors

By Connie Bertram and Guy Brenner on Posted in Department of Labor, Federal Acquisitions, Labor Law
Loyal readers of this blog are well aware of the Fair Pay and Safe Workplaces Executive Order and corresponding regulations which go into effect next month.  Those looking to learn more about the topic can access our recent webinar and blog post on the “Blacklisting” regulations and what contractors should be doing now to prepare … Continue Reading

Proskauer Hosts Webinar On New “Blacklisting” Regulations

By Connie Bertram and Guy Brenner on Posted in Department of Labor, Federal Acquisitions, Labor Law
On September 13, 2016, Proskauer Partners Connie Bertram and Guy Brenner hosted “The Final Blacklisting Regulations:  What Contractors Need to Know” webinar as a follow-up to our blog post “FAR Council Issues Final Rule and DOL Issues Final Guidance on Fair Pay and Safe Workplace”.  For those who were unable to attend the webinar, it … Continue Reading

BREAKING NEWS:  FAR Council Issues Final Rule and DOL Issues Final Guidance on Fair Pay and Safe Workplaces (“Blacklisting”) Executive Order, Effective October 25, 2016

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Department of Labor, Federal Acquisitions, Labor Law
Today, the Federal Acquisition Regulations Council (“FAR Council”) and the U.S. Department of Labor (“DOL”) issued its Final Rule and Guidance implementing the Fair Pay and Safe Workplaces Executive Order (the “Order”), commonly referred to as the “blacklisting” rule.  In total, the Final Rule, Guidance, and accompanying commentary totaled nearly 900 pages, responding to nearly … Continue Reading

New Sex Discrimination Guidelines Take Effect August 15, 2016

By Connie Bertram and Amy Blackwood on Posted in Discrimination, OFCCP
We have previously written about the updated sex discrimination guidelines recently published by OFCCP. Among other mandates, the guidelines require federal government contractors to provide paternity leave on an equal basis to maternity leave.  The guidelines also prohibit discrimination based on gender identity and sex-based stereotypes, such as whether an individual dresses in conformity with … Continue Reading

NLRB Takes Steps To Facilitate Sharing Of Federal Contractor Labor Law Violations In Anticipation Of The Final Fair Pay And Safe Workplaces (a.k.a “Blacklisting”) Rules

By Connie Bertram, Guy Brenner and Alex Weinstein on Posted in Labor Law, OFCCP
In a July 1, 2016 memorandum (OM 16-23), the Office of the General Counsel for the National Labor Relations Board (“NLRB”) announced that it was beginning to take steps to comply with the Fair Pay and Safe Workplaces Executive Order (the “Order”) – the regulations for which have not yet been finalized.  The Order imposes … Continue Reading

OFCCP Settles Sex Discrimination Claims With Mental Health Provider

By Guy Brenner and Alex Weinstein on Posted in Discrimination, OFCCP
The Office of Federal Contractor Compliance Programs (“OFCCP”) recently settled a case involving allegations of gender discrimination with federal contractor, Integris Mental Health (“Integris”).  As part of the settlement, OFCCP and Integris entered into a conciliation agreement, governing the terms of the settlement. OFCCP found that Integris “discriminated against female applicants for occasional, part-time Mental … Continue Reading
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