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Minimum Wage for Federal Contractors Increased Effective January 1, 2018

Effective January 1, 2018, the minimum wage for federal contractors working on or in connection with contracts covered by Executive Order 13658 will be $10.35/ hour.  The announcement was made via posting in the federal register on September 15, 2017.  The wage rate for tipped employees will also increase to $7.25/hour. This is the third increase … 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

Veteran Hiring Benchmark Reduced – Again

OFCCP has released its revised VEVRAA hiring benchmark for 2017.  The agency has lowered the benchmark to 6.7 percent, down from the previous 6.9 percent mark. As was the case last year, the agency provided guidance for contractors to implement the new benchmark stating: Contractors who adopted the previous year’s national benchmark of 6.9 percent after … Continue Reading

Update: Acosta Confirmation Hearing Pushed Back

The confirmation hearing for new Secretary of Labor nominee, Alexander Acosta, has been pushed back until March 22 to allow him to travel to Nashville with the President.  Its anticipated once the hearing moves forward, the Health, Education, Labor and Pensions Committee, will vote within on Acosta’s confirmation within the following week.  Stay tuned for new developments.… Continue Reading

Confirmation Hearing Set for Secretary of Labor Nominee

The confirmation hearing for President Trump’s second Secretary of Labor nominee, Alex Acosta, has been set for March 15. Acosta was nominated after President Trump’s initial nominee, Andrew Puzder withdrew from consideration following growing controversy. While nothing prevents Acosta’s confirmation hearing from being postponed, as Puzder’s was several times before his eventual withdrawal, there does … Continue Reading

OFCCP Report Card: GAO Release Report of Its Review of the Agency

This week the General Accounting Office (GAO) issued a report to the House of Representatives Committee on Education and the Workforce on its recent audit of OFCCP.  The report reviews (1) how the Agency conducts audits; and, (2) the Agency’s outreach assistance and guidance efforts.  The 56-page report – titled “Strengthening Oversight Could Improve Federal Contractor … Continue Reading

Wyoming Governor Signs Veteran Preference Law

Veterans are continuing to receive support in their quest for employment with Wyoming being the latest state to join the ranks of those permitting a preference to be granted based on veteran status, including spouses of disabled or deceased veterans.  The law will go into effect July 1, 2016. Governor Matt Mead’s signing of the new law coincides … 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

Another EEO-1 Filing Rule Change

As we previously reported, the annual EEO-1 Reporting portal has opened and along with it some changes to the reporting requirements.  Probably the most impactful change is the new requirement that companies may no longer file more than one EEO-1 report for the same address if the North American Industrial Classification System Code (NAICS) is the same … Continue Reading

Veteran Hiring and Veteran Preferences Gaining Steam

This past March, Labor Secretary Thomas Perez issued a News Release announcing the overall unemployment rate for all veterans has dropped for the fourth consecutive year – this is great news. In an effort to assist in the employment of veterans, covered federal contractors are required to set a protected veteran hiring benchmark as part … Continue Reading

It’s Been Six Months Since OFCCP Issued its Revised Scheduling Letter – What Have We Learned?

Since introducing its new scheduling letter in late 2014, OFCCP has made many important changes to enforcement in audits.  From ramped up enforcement of the Agency’s VEVRAA and Section 503 regulations to new and very different ways to investigate pay systems for discrimination, the Agency has fundamentally changed how it conducts compliance reviews.  And it’s … Continue Reading

OFCCP Extends the Comment Period for its Sex Discrimination NPRM

In light of this week’s Supreme Court decision in Young v. United Parcel Service addressing the issue of accommodations and pregnancy discrimination, OFCCP has extended the public comment period for the Agency’s Sex Discrimination Regulation Notice of Proposed Rulemaking.  The public comment period now closes April 14, 2015. By extending the comment period by two … Continue Reading

OFCCP Provides LGBT Resources for Contractors

In response to requests following publication of the final regulations implementing President Obama’s recent Executive Order addressing non-discrimination and affirmative action on the basis of sexual orientation and gender identity, OFCCP has published a directory of resources to assist federal contractors  “around issues relating to creating an inclusive workplace of lesbian, gay, bisexual, and transgender … Continue Reading

OFCCP Releases New Directive on Gender Identity and Sex Discrimination

As Secretary of Labor Thomas Perez recently announced, OFCCP has updated its guidance to “make clear that discrimination on the basis of transgender status is discrimination based on sex” under Title VII and existing case law.  By e-mail Director Patricia Shiu announced the release of Directive 2014-02, the purpose of which is to “clarify that … Continue Reading

OFCCP’s Focus on “Steering” Discrimination Gains Steam

As OFCCP tries to find new ways to attack the “pay gap,” the Agency is focused increasingly on novel and creative methods to uncover alleged pay discrimination.  These “outside the box” investigations look beyond simply pay decisions (starting salary and pay adjustments) and instead examine employee selection processes – such as hiring decisions – and … Continue Reading

Secretary Perez Blogs about Forthcoming Transgender Guidance

As we reported recently, President Obama intends to issue an Executive Order prohibiting sexual orientation and gender identity discrimination by federal contractors.  Also in support of LGBT Pride Month, Secretary of Labor Thomas Perez recently blogged that the DOL is “updating enforcement protocols and anti-discrimination guidance to clarify that [the DOL] provides the full protection … Continue Reading

UPDATE: Minimum Wage NPRM Published in Federal Register

As an update to our post last week, the Department of Labor’s Notice of Proposed Rulemaking establishing a minimum wage for federal contractors has now been formally published in the Federal Register.  With this publication, the 30-day public comment period starts to run, making the deadline to submit comments July 17, 2014. Comments can be submitted … Continue Reading

Breaking News: Department of Labor Announces Minimum Wage Rule

The Department of Labor released today its Notice of Proposed Rule Making to raise the minimum wage for federal workers to $10.10 an hour.  The proposed rule implements Executive Order 13658, which was announced by the President on February 12, 2014. Once the proposed rule is officially published in the Federal Register the public will have … Continue Reading

Impact (So Far) of New Veterans and Disability Regulations in Compliance Reviews

Last week during The OFCCP Institute’s Annual Summit, Consuela Pinto from the Department of Labor’s Solicitor’s Office, in addition to speaking on other topics, touched on the impact of OFCCP’s new veteran and disability regulations thus far. Ms. Pinto confirmed OFCCP has not processed any violations based on audits involving application of the new regulations. … Continue Reading

VEVRAA and Section 503 Discussion with SWARM Officials

As we mentioned earlier, at the SWARM Regional Conference this afternoon, Regional Director Melissa Speer and Deputy Director Aida Collins, answered questions from conference attendees about implementation of the new veteran and disability regulations. During the Q&A session, Melissa and Aida graciously took questions from the crowd about real-world implementation scenarios.  For those questions they … Continue Reading

New Minimum Wage for Employees of Federal Contractors FAQs

As we updated you last week, President Obama has signed an Executive Order increasing the minimum wage for employees of federal contractors to $10.10 an hour.  After reading the the Order many employers still have questions surrounding the impact of the President’s executive action.  We have prepared some FAQs to help answer these questions. The President … Continue Reading

More Government Shutdown Ramifications – How to Comply with E-Verify Requirements for New Hires

Government contractors in the process of hiring new employees may be the first to experience ramifications from the government shutdown.  The E-Verify system is “unavailable due to a government shutdown” as described when employers go to log into their E-Verify accounts.  So, what should employers do to comply with the E-Verify requirements during the shutdown?  The JL Immigration … Continue Reading
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