Government Contractor Compliance & Regulatory Update

Tag Archives: Office of Federal Contract Compliance Programs

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

OFCCP Proposes New FAAP Directive

By Guy Brenner and Alex Weinstein on Posted in Affirmative Action Plan (AAP), OFCCP
The Office of Federal Contractor Compliance Programs (“OFCCP”) is seeking approval to change its Functional Affirmative Action Program  (“FAAP”) requirements. The proposed directive, for which comments are due by November 13, 2018, proposes sweeping changes to the current FAAP directive, with the stated aim of encouraging contractors to use FAAPs.… 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

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 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

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

OFCCP Announces Settlement Regarding Hiring Discrimination

By Connie Bertram, Daniel Davis and Emilie Adams on Posted in Discrimination, OFCCP
The Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) recently announced that it reached a settlement with federal contractor Parson Brinckerhoff (“Parsons”) regarding claims of hiring discrimination based on race and ethnicity. During a scheduled compliance review, OFCCP determined that Parsons engaged in hiring discrimination between 2010 and 2012 that affected 247 Hispanic, … Continue Reading

OFCCP Withdraws Claim Regarding TRICARE Jurisdiction

By Daniel Davis on Posted in OFCCP
Last week, the Office of Federal Contract Compliance Programs (OFCCP) dismissed OFCCP’s 2008 complaint against Florida Hospital of Orlando.  In its Order of Dismissal, the Administrative Law Judge (ALJ) reported that OFCCP notified its office on March 28, 2014 of its intent to withdraw the agency’s long-running enforcement proceeding against Florida Hospital.  The ALJ granted … Continue Reading

Obama Requests Increased OFCCP Funding in FY 2015 Budget

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

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 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

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

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

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

Summary of OFCCP’s Public Briefing on the Rescission of the 2006 Compensation Guidance and New Investigation Protocols

By Connie Bertram on Posted in Discrimination, OFCCP
On Monday, March 11, 2013, OFCCP held a web seminar on its recent rescission of two 2006 guidance documents on pay discrimination and its new directive on pay discrimination.  The rescission and new directive were issued on February 26, 2013, and were effective as of February 28, 2013.  OFCCP discussed the new investigative procedures that … Continue Reading

OFCCP Announces 2013 Agenda

By Katharine Parker on Posted in OFCCP
On December 21, 2012, the Office of Federal Contracts Compliance Programs (“OFCCP”) published its 2013 regulatory goals in the Unified Agenda of Regulatory and Deregulatory Actions (“Unified Agenda”), as required by Executive Order. The Unified Agenda signals that OFCCP intends to aggressively implement new rules and regulations affecting federal contractors and subcontractors in the upcoming … Continue Reading
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