As expected, the Safer Federal Workforce Task Force issued the Guidance contractors have been anticipating to implement President Biden’s September 9, 2021 Executive Order 14042: Ensuring Adequate COVID Safety Protocols for Federal Contractors (“Order”). The 14-page document includes definitions, description of the specifics requirements contractors must undertake and by when, and a list of
Laura A. Mitchell is a Principal in the Denver, Colorado, office of Jackson Lewis P.C. She is a member of the firm’s Affirmative Action and OFCCP Defense practice group as well as the firm’s Pay Equity Resource Group. She is also on the leadership team for the firm’s Government Contractor Industry Group.
Her practice is focused on representing government and non-government contractors in OFCCP matters, preparing for and defending OFCCP audits, and counseling employers on issues stemming from OFCCP regulations. Ms. Mitchell personally oversees the development of hundreds of AAPs each year and is intimately involved in the defense of numerous OFCCP audits. She also spends significant time counseling companies in connection with conducting pay equity analyses as well as government contractor employment obligations.
Ms. Mitchell is the editor and a principal contributor of The Affirmative Action Law Advisor blog and frequently presents on pay equity, affirmative action compliance, OFCCP enforcement trends, and government contractor obligations.
$11.25 Minimum Wage Effective January 1, 2022 for Federal Contractors Subject to Obama-Era Executive Order
In the flurry of activity surrounding President Biden’s Executive Order 14042 – Ensuring Adequate COVID Safety Protocols for Federal Contractors, federal contractors are also awaiting approval of regulations to implement President Biden’s Executive Order raising the minimum wage for some federal contractor employees to $15 per hour.
In the meantime, the provisions of former President
Safer Federal Workforce Taskforce Issues Broad FAQ with Implications for Federal Contractors and On-Site Employees
Yesterday, the Safer Workforce Taskforce (Task Force) publicized a slew of new FAQs with one set containing surprising information regarding federal contractors. To be clear, this is not the guidance contractors are waiting for with respect to implementation of President Biden’s Executive Order 14042 – Ensuring Adequate COVID Safety Protocols for Federal Contractors. With that
President Biden Signs Executive Order Announcing Plan For A COVID-19 Vaccination Requirement For Federal Contractor Employees
During a press conference Thursday afternoon, President Biden announced a broad plan that will include as-yet undefined guidance to require federal contractors to “provide adequate COVID-19 safeguards to their workers performing on or in connection with a Federal Government contract or contract-like instrument.” While the President’s remarks and the Administration’s corresponding plan suggest a vaccine
Updated Census Data Ready for Use for January 1, 2022 AAPs and Beyond
On the eve of the Labor Day weekend, OFCCP notified federal contractors of the availability of updated census data for use in determining the AAP availability of women and minorities: Equal Employment Opportunity Tabulation (EEO Tab). While the data is not 2020 census data, it is based on 2014 through 2018 American Community Survey
OFCCP Doubles-Down on Commitment to Review Construction Contractor Compliance with New CSAL
September is starting off in a hurry with a flurry of activity from OFCCP. In addition to notices involving pay data and AAP verification, OFCCP also issued a new federal construction contractor Courtesy Scheduling Announcement List (CSAL) identifying an additional 400 construction compliance reviews. Simultaneously, OFCCP disclosed its Methodology for Developing the CSAL.
OFCCP Moves Forward Towards AAP Verification
Among the many “hot” topics for federal contractors, OFCCP’s intention for AAP verification and/or certification ranks among the top. In September 2020, OFCCP published a notice seeking comment on the possibility of an annual AAP certification and verification process. Towards that end, the Agency also sought Office of Management and Budget (OMB) approval for an
OFCCP To Revisit Possibility of Using EEO-1 Pay Data for Enforcement
In November 2019, OFCCP announced it would not “request, accept or use” Component 2 pay data submitted by employers as part of EEOC’s previous pay data collection reporting obligation. OFCCP’s notice followed on the heels of EEOC’s notice that it would not be seeking renewal of approval to collect pay data beyond 2017 and 2018.
UPDATE: EEO-1 Reporting Deadline Extended Until October 25, 2021
The EEOC has announced on its EEO-1 Data Collection website that it has, again, extended the deadline for filing EEO-1 Reports this year—this time to October 25. Employers still rushing to finalize and upload their 2019 and 2020 EEO-1 reports by the prior August 23 deadline will certainly welcome this extra breathing room.
But EEOC’s
That’s A Wrap: OFCCP Regional Director Panel Closes Out the 2021 NILG National Conference
The final day of the 2021 NILG National Conference ended on a high note with presentations from, and panel discussions with, OFCCP Regional Directors Melissa Speer (SWARM), Aida Collins (SE), Michele Hodge (MidAtlantic) and Diana Sen (NE). The four women represented the six OFCCP regions, speaking on behalf of Jane Suhr (Pacific) and Carmen Navarro