Archives: Enforcement Update

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What’s on OFCCP’s Agenda?

The short answer to this question is not much, or so it seems. Part of the reason for this is likely the fact we are still awaiting selection of a new OFCCP Director.  Deputy OFCCP Director Thomas M. Dowd currently continues in the position of Acting Director and we’ve not heard any news regarding DOL … Continue Reading

Audit Letters Are In The Mail

As an update to last month’s report that OFCCP has put 800 establishments on notice of upcoming audits, we have learned that as of Friday, March 17, 2017, OFCCP has started sending out letters actually initiating audits. Unlike the courtesy scheduling announcement letters (CSALs) which provide advance notice of an audit, the Scheduling Letters put … Continue Reading

Senate Votes to “Disapprove” Blacklisting Regulation

By a narrow margin of 49-48, the Senate has voted to “disapprove” President Obama’s much challenged Executive Order 13673: Fair Pay and Safe Workplaces, which required the mandatory reporting of labor violations for contractors going through the contract procurement process.  Relying on the power granted it by the Congressional Review Act, Congress has all be sealed the … Continue Reading

Update: Additional information on CSALs

As a follow up to our post yesterday, there is additional information available regarding OFCCP’s recent mailing out of courtesy scheduling announcement letters. After a hiatus for the past few years, OFCCP has officially confirmed it has once again sent out CSALs. dated February 17th.  Here are some additional details regarding this wave of notices: OFCCP is characterizing … Continue Reading

BREAKING NEWS: Advance OFCCP Audit Notification Letters Sent Out

It has come to our attention that OFCCP has sent out Courtesy Scheduling Announcement Letters providing contractors with advance notice of upcoming OFCCP audits.  Signed by interim Director Tom Dowd, dated February 17, 2017 and addressed generically to Human Resources Director, the letters provide warning that the establishment listed has been selected for an impending OFCCP compliance … Continue Reading

Disability Self-ID form approved for another 3 years

As some of you may have noticed, the current OMB approval for the required disability self-identification form expired January 31, 2017.  On the eve of its expiration, OMB approved the form for another three years – until  January 31, 2020. An updated version of the form (in multiple languages) can be found here.  According to OFCCP’s … Continue Reading

President Trump Preserves LGBT Executive Order

The New York Times reported this week President Trump will preserve intact President Obama’s LGBT order (Executive Order 13672) protecting applicants and employees from discrimination on the basis of sexual orientation and gender identity.  As published by the Times, a White House statement provides: President Trump continues to be respectful and supportive of L.G.B.T.Q. rights, just … Continue Reading

Breaking News: Portions of Fair Pay and Safe Workplaces Executive Order Blocked

In a much anticipated, last minute ruling, a U.S. District Court Judge has ordered a nationwide preliminary injunction blocking the labor law violation disclosure requirements and restriction on use of arbitration agreements portions of the Fair Pay and Safe Workplaces Final Rule and Guidance (“Final Rule”), which were set to take effect today. The pay transparency … Continue Reading

First Lawsuit Challenging Fair Pay & Safe Workplaces Obligations Filed

As anticipated, the first lawsuit challenging the legality of the Fair Pay & Safe Workplaces executive order and final rules is now on the books. Filed by the Associated Builders and Contractors, a construction trade group, and the National Association of Security Companies, the complaint contains six counts which allege the Obama administration, the FAR Council and … Continue Reading

Breaking News: Final Pay Data Reporting Report and Paid Sick Leave Regulations Released

On the eve of the end of its fiscal year, the U.S. Department of Labor has released final rules for new EEO-1 Pay Data reporting obligations as well as paid sick leave regulations for federal contractors. EEO-1 Pay Data Reporting As highly anticipated, and a day before the deadline for the 2016 EEO-1 reporting period, EEOC … Continue Reading

EEOC To Publish Update to EEO-1 Pay Data Reporting Proposal

EEOC has released, for publication tomorrow, an update with changes to its proposed EEO-1 pay data collection report.  Once published in the federal register, the public will have 30 days to submit comments.  This update takes into consideration public comments received on the Agency’s initially proposed pay data collection tool.  As it did previously, Jackson … Continue Reading

OFCCP Releases Updated Sex Discrimination Rule

As anticipated, OFCCP has released its new Sex Discrimination Rules – replacing the outdated Sex Discrimination Guidelines that have been in place since the 1970s.  The release coincides with the White House’s United State of Women Summit being held today in Washington D.C.. The new rule will go into effect on August 15, 2016 and addresses … Continue Reading

EEOC Increases Penalties for Employment Law Posting Violations

The EEOC has announced an increase to the monetary fine for employers who fail to post the proper Title VII postings.  The penalty is now $525 per violation, a 150% increase from the previous $210 fine.  Pursuant to Title VII, the Americans with Disability Act and the Genetic Information Nondiscrimination Act (GINA), employers are required to post … Continue Reading

Final Revised Overtime Rule Released by Department of Labor

The U.S Department of Labor’s Wage and Hour Division has finalized its much anticipated revisions to the rules governing overtime compensation. The revisions, in part, increase the income level of those who are exempt from overtime pay to $47,476, almost doubling the prior threshold, allowing a greater number of employees to qualify for overtime pay. According … Continue Reading

OFCCP Publishes Finalized Updated FAAP Directive

OFCCP has received approval from OMB for revisions to the Agency’s Functional Affirmative Action Program (FAAP) directive.  The revised Directive 305 went into effect on April 28, 2016.  In response to public comments received, OFCCP made modifications to its proposed revised directive, as reflected in the supporting statement filed with OMB. OFCCP last updated its FAAP … Continue Reading

Pay Data Reporting Proposal Published in Federal Register

As we reported last week, EEOC has proposed an amendment to the annual EEO-1 form for the collection of employee pay data.  The proposed amendment has now been officially published in the Federal Register and is available for public comment.  The deadline to submit comments is April 1, 2016. Pursuant to regulation, there will also be … Continue Reading

Federal Contractors and Job Seekers: A Checklist Of Career Website Requirements

OFCCP’s Pay Transparency regulations recently went into effect and with it came new information dissemination obligations for contractors with respect to job seekers. OFCCP recently held a webinar in which they discussed these obligations. In addition, the agency recently updated its website to include a section specifically addressing employer obligations surrounding posting of the Pay … Continue Reading

OFCCP Publishes New FAQs on Veterans Infographic

In August 2015, OFCCP released an infographic designed to assist veterans understand whether or not they were covered under the protections of the Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) for affirmative action purposes.  The infographic spawned recent discussions surrounding the implications and interpretations of OFCCP’s definition of a protected veteran. Today, OFCCP published FAQs … Continue Reading

OFCCP Announces Systemic Hiring Discrimination Settlements

This week OFCCP announced a pair of settlements in cases alleging systemic hiring discrimination.  The payment of back wages to, and commitment to hire allege victims, were part of the settlements in both cases.  In the most recent settlement, OFCCP alleged a contractor with $35 million in federal contracts denied jobs to 145 female applicants for … Continue Reading

Minimum Wage for Federal Contractors to Increase to $10.15 in 2016

On February 12, 2014 President Obama signed Executive Order 13658 establishing a minimum wage for federal contractors.  Effective January 1, 2015, the minimum hourly wage for workers performing work on covered contracts was $10.10.  The Executive Order gave the Secretary of Labor the authority to determine the hourly rate for subsequent years. With this authority, … Continue Reading

National Labor Relations Board (NLRB) Sets A New Standard for Determining Joint Employer

Last week in a divide opinion the National Labor Relations Board decided the case of Browning-Ferris Industries of California, Inc., in which the Board announced a new standard for determining joint employer status under the National Labor Relations Act.  The Board’s decision significantly broadens the definition of “employer” under the Act to include unrelated companies that might … Continue Reading
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