Enforcement Update

Subscribe to Enforcement Update via RSS

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…

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…

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…

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…

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…

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…

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…

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

…

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…