As we recently reported, OFCCP is evaluating affirmative action obligations for TRICARE providers and expects to publish rulemaking on this front next year. In connection with this, to allow time for the rulemaking process, as well as to allow time for any potential related legislative action, OFCCP announced it has extended the enforcement moratorium for TRICARE … Continue Reading
Bloomberg Law is reporting OFCCP may soon rescind the controversial Directive 307, which has been in place since early 2013, and sets out the Agency’s current methodology for analyzing pay. In its place, Bloomberg reports OFCCP will direct compliance officers to review compensation based on pay groupings established by the contractor. If the directive is rescinded and … Continue Reading
by Laura A. Mitchell and Christopher T. Patrick Under the leadership of new OFCCP Director Ondray Harris, the Agency has issued its first policy directive of 2018. Directive 2018-01, effective February 27, addresses an area of concern discussed at length during the Agency’s listening sessions earlier this year: the need for increased transparency. The Directive … Continue Reading
OFCCP’s website has been updated to reflect that the Agency placed 1,000 Corporate Scheduling Announcement letters in the mail on February 1, 2018. We have seen one of the letters – it is dated January 31, 2018, signed by new OFCCP Director Ondray Harris, and addressed generically to the “Human Resources Director.” OFCCP last issued … Continue Reading
In budget measures last week both the U.S. Senate and House signaled the proposed merger between OFCCP and EEOC will soon be nothing but a distant memory. This action comes on the heels of a recent letter from OFCCP Acting Director Tom Dowd who also questioned the efficiency of the proposed merger in light of available … Continue Reading
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
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
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
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
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
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
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
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
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
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 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
On the eve of the Fourth of July holiday, and just in time for the start of the final quarter of the Agency’s fiscal year, OFCCP announced it had received approval of its revised Scheduling Letter and Itemized Listing. The revised letter, which, when received by a contractor initiates an Agency compliance review, was initially proposed … Continue Reading
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
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
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 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
As a follow up to its two webinars on implementation of the Pay Transparency regulations, OFCCP has updated its website with links to a recording of the webinar as well as a transcript of the session. … Continue Reading
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
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
