Archives: Enforcement Update

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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As anticipated, OFCCP has released its new Sex Discrimination Rules – replacing the outdated Sex Discrimination Guidelines that have been in place since the 1970s.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

Complimentary JL Webinar Discussing the New “Blacklisting” Executive Order Proposed Guidance and Regulations

As part of our continued efforts to analyze and disseminate information about the recently published proposed guidance implementing Executive Order 13673, JL will be hosting a complimentary webinar Tuesday, June 30, 2015 from 2:00 – 3:00 Eastern, entitled “Understanding the Fair Pay and Safe Workplaces (“Blacklisting”) Executive Order – Ten Steps Contractors Should Take Now.” … Continue Reading

Finally, Some Good News: OFCCP and VETS Settle Controversy over Soliciting Recently Separated Veteran Information

After continuing uncertainty about how employers should track Recently Separated Veterans, we have learned OFCCP and VETS agreed this week that employers’ post-offer self-identification forms need only solicit whether the new employee is or is not a Protected Veteran. The uncertainty around collecting more specific information about Recently Separated Veterans arose when OFCCP issued an … Continue Reading

Decision Issued on Obligation to Post Executive Order 13496 Notice of Labor Rights

In an update to our post more than a year ago about the National Association of Manufactures’ legal challenge to the posting requirements under Executive Order 13496, a federal district court in Washington, D.C. has rejected NAM’s constitutional challenge to President Barack Obama’s 2010 Executive Order requiring certain federal contractors to post a “Notification of Employee Rights under Federal Labor Laws.” … Continue Reading

OFCCP Webinar Discusses Federal Contractor LGBT Obligations

This week OFCCP hosted Webinars on federal contractor obligations with respect to sexual orientation and gender identity under Executive Order 13672. During the training OFCCP reiterated the following requirements: Contractors are to use the updated EO Clause including sexual orientation and gender identity if the entire EO Clause is incorporated into covered purchase orders and … Continue Reading

New Disability Regulations Withstand Continued Challenge

As a follow up to a story from earlier this year, the D.C. Circuit court has rejected the Associated Builders and Contractors, Inc. (ABCs) challenge of the requirements under the revised regulations implementing Section 503 of the Rehabilitation Act. In November 2013, ABC filed suit alleging OFCCP issued its recently revised regulations pertaining to individuals … Continue Reading

VEVRAA and Section 503 Six Month Update Obligations Under the New Scheduling Letter

In FAQs released yesterday, OFCCP addressed requirements under the new Scheduling Letter for contractors to provide updated data collected pursuant to the revised Veterans and Individuals with Disability regulations if the contractor is more than six months into its current AAP plan year upon receipt of a Scheduling Letter. OFCCP has previously indicated a contractor’s compliance with … Continue Reading

OFCCP Releases Additional FAQs for Compliance with Veterans and Disability Regulations Under the New Scheduling Letter

Adding to the FAQs previously released, OFCCP has released additional guidance addressing audit submission requirements under the new Scheduling Letter for contractors more than six months into their plan year when the Scheduling Letter is received. Items 9 and 13 of the Scheduling Letter require contractors to provide documentation of the computation or comparisons called … Continue Reading

OFCCP Considering More Frequent Rounds of Advance Audit Notifications

We learned today OFCCP is considering dispensing with the twice-a-year advance audit notification frequency, in exchange for notifying smaller groups on a more frequent basis about their establishments’ selection for an upcoming OFCCP compliance review. For the past several years, OFCCP has issued Courtesy Scheduling Announcement Letters (CSALs) twice a year.  It is our understanding … Continue Reading
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