Archives: Regulatory Update

Subscribe to Regulatory Update RSS Feed

VETS-4212 Filing Deadline Extended

VETS has announced a 45-day extension to the 2017 VETS-4212 filing deadline.  The deadline has been extended from September 30, 2017 to November 15, 2017.  In a post on it’s website, VETS stated NOTICE: In order to accommodate the needs of those impacted by Hurricanes Harvey and Irma, Federal contractors who file their VETS-4212 Reports by … Continue Reading

Additional Information for 2017 EEO-1 Reporting

Following the announcement placing the EEO-1 pay data requirement on indefinite hold, the EEO-1 Joint Reporting Committee has clarified open questions regarding the details for 2017 EEO-1 Reports.  In an e-mail sent to report filers, the Committee clarified: The deadline to file EEO-1 reports for 2017 is March 31, 2018; The Reports must be based on a payroll period in … Continue Reading

Update on OFCCP/EEOC Merger

In a recent letter responding to an inquiry regarding the proposed merger between OFCCP and EEOC, Acting OFCCP Director Tom Dowd detailed the regulatory requirements to undertake a merger, which would take effect in 2019.  He also suggested interim alternatives exist to achieve the efficiencies intended by the merger, implying the proposed merger is unlikely to occur. Director Dowd’s letter … Continue Reading

BREAKING NEWS: Pay Data Reporting Obligation Postponed Indefinitely

We have learned the Office of Information Regulatory Affairs (OIRA) has decided to postpone indefinitely effectiveness of the newly created pay data reporting component of the annual EEO-1 report.  In a letter addressed to Acting EEOC Chair, Victoria Lipnic, OIRA explained it has stayed the effectiveness of the new obligation to take time to review data collection … Continue Reading

OFCCP Announces Dates for Contractor Town Hall Meetings

Following up on Interim Director Tom Dowd’s recent commitment for more agency transparency and communication, OFCCP has announced three upcoming town hall meetings.  In its announcement, OFCCP stated the purpose of the town halls were to obtain contractor views and learn about contractor experiences implementing and managing nondiscrimination and equal employment opportunity requirements to allow OFCCP “”to enhance … Continue Reading

Important Clarification Received Regarding 2018 VETS-4212 Filings

It’s that time of year again to start preparing for the annual required VETS-4212 filing. Nothing will change for this year (2017) reporting cycle.  Starting August 1, 2017, contractors will be able to file their 2017 reports through the reporting portal.  Note, anything filed before August 1, 2017 will be recorded as part of the 2016 filing cycle. … Continue Reading

Breaking News: EEOC/OFCCP Proposed Merger Resulting in Unexpected Allies

As we speculated yesterday, the White House’s proposed budget for fiscal year 2018 proposes to merge the Office of Federal Contract Compliance Programs (OFCCP) with the Equal Employment Opportunity Commission (EEOC). In the proposed budget, released this morning, the OFCCP would see its budget reduced from $105 million to approximately $88 million and have its … Continue Reading

Is a Merger of OFCCP and EEOC on the Horizon?

In February 2017, we speculated whether the Trump Administration would eliminate the OFCCP as a possible cost-cutting measure.  The discussion has continued since that time, and has, in the past weeks gathered more interest. The latest on the topic of the Office of Federal Contract Compliance Programs’ (OFCCP) fate stems from a recommendation by the Heritage … Continue Reading

Trump Signs Religious Liberty Executive Order

During a ceremony in the Rose Garden, President Trump signed a much-anticipated “Religious Liberty” executive order.   The Executive Order states it is the policy of the executive branch to vigorously enforce Federal law’s robust protections for religious freedom. The relatively short Executive Order also recognizes that the United States Constitution enshrines and protects the fundamental … Continue Reading

Impact of “Hire American” Executive Order on Federal Contractor Staffing

At a ceremony in Wisconsin this week, President Trump signed yet another executive order, this one entitled, “Buy American and Hire American.” What does this mean for federal contractors?  It’s not exactly clear at this point, but as our colleagues have previously discussed, the “hire American” portion of the President’s latest Executive Order is focused on revamping the H-1B … Continue Reading

It’s Official: Blacklisting Executive Order Revoked

As anticipated, President Trump has put an end to Executive Order 13673 – Fair Pay & Safe Workplaces, also known as the “blacklisting” executive order.  As expected, the President signed legislation disapproving of the Executive Order pursuant to the Congressional Review Act.  He also issued an Executive Order officially revoking the initial authorizing Executive Order signed by … Continue Reading

OFCCP Revises Pay Transparency Nondiscrimination Provision

Pursuant to President Obama’s pay transparency executive order (Executive Order 13665), which amended Executive Order 11246, federal contractors must incorporate the OFCCP-prescribed Pay Transparency Nondiscrimination Provision (PTNP) in employee handbooks (or implement a stand-alone policy) and post it for applicants and employees.  OFCCP recently revised the required provision to include a cite to the regulation (41 C.F.R. … Continue Reading

Trump Administration Sending Mixed Signals about Support of LGBT of Rights

In addition to issues involving the environment, immigration, and national security, the Trump Administration has been in the headlines recently for its stance on matters impacting the LGBT community. As we reported in a late-January, after close deliberation with daughter Ivanka, and son-in-law Jared Kushner, President Trump expressed support for LGBT rights and vowed to leave intact … 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

Federal Contractors Not the Only Ones with Disability Goals

Federal agencies soon will be required to engage in affirmative outreach for individuals with disabilities. The final rule issued by EEOC on December 30, 2016, will require federal agencies to take steps to increase the number of its employees that are individuals with disabilities beginning in January 2018. This is similar to the affirmative action obligations in … Continue Reading

Will OFCCP bring back Courtesy Scheduling Announcement Letters in 2017?

Happy New Year! As we ring in 2017 and prepare for affirmative action and OFCCP compliance in a Trump administration, many contractors are wondering whether 2017 will bring an OFCCP audit their way. Some may remember in years past around this time OFCCP would send out Courtesy Scheduling Announcement Letters (CSALs) providing advance notification to contractors of … 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

Complimentary Webinar: It Pays to Be Sick – Discussion of Executive Order 13706

The final regulations for Executive Order 13706 (“Paid Sick Leave for Workers on Federal Contracts”) were published September 30, 2016.  Under the Executive Order and final regulations, paid sick leave obligations will begin with new solicitations and contracts beginning January 1, 2017. Join my colleagues Patricia Pryor and Leslie Stout-Tabackman on October 20, 2016 for a … 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

Complimentary Webinar: Fair Pay and Safe Workplaces Final Rule

As we previously announced, the U.S. Department of Labor (“DOL”) and the Federal Acquisition Regulatory (“FAR”) Council have published the highly-anticipated final guidance and regulations implementing President Barack Obama’s “Fair Pay and Safe Workplaces” Executive Order (E.O. 13673), often called the “Blacklisting” or “Bad Actors” Executive Order. This rule will present significant challenges and have … Continue Reading

Fair Pay & Safe Workplaces Final Rule and Guidance Highlights

As we reported yesterday, the FAR Council and U.S. Department of Labor have published final regulations and guidance implementing Executive Order 13673.  In connection with the much awaited publication, the Department of Labor has created a detailed webpage with FAQs and other informative pages regarding implementation of the final rules. A few of the highlights from … Continue Reading

Fair Pay & Safe Workplaces Final Rule Released

The Department of Labor and FAR Council have released, for publication tomorrow, final guidance and regulations implementing Executive Order 13673: Fair Pay & Safe Workplaces (also colloquially referred to as the Blacklisting Executive Order.) We are in the process of digesting the almost 900 pages of regulations, as well as an amendment to the Executive Order … Continue Reading
LexBlog