As previewed yesterday in OFCCP Interim Director Michelle Hodge’s keynote remarks during the opening day of the NILG 2023 National Conference, OFCCP has released the final rule on “procedures for identifying and remedying discrimination in federal contracting.” Commonly referred to as the PDN rule, the Pre-Enforcement Notice and Conciliation Procedures rule will be officially published
Regulatory Update
Navigating the Federal Contractor TikTok Ban
By Laura A. Mitchell & Scott M. Pechaitis on
Posted in Regulatory Update, Uncategorized
A new Federal Acquisition Regulation (FAR 52.204-27) enacted in June 2023 requires companies with covered contracts to ban the use of TikTok and other apps developed by ByteDance Limited on employee devices, including personal cell phones, which are used in the performance of government contracts. The ban does not apply to devices “incidental to a…
OFCCP Rescinds Trump-Era Religious Exemption Rule
By Laura A. Mitchell on
Posted in Regulatory Update
OFCCP has announced the rescission of the Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption rule adopted in January 2021 by President Donald Trump. The rescission is to be posted in the Federal Register on March 1, 2023.
In November 2021 OFCCP published a proposal to rescind the rule on the basis the…
Breaking News: OFCCP Publishes Proposed Modifications to Audit Scheduling Letter and Itemized Listing
By Laura A. Mitchell on
Posted in Regulatory Update
On the eve of the Thanksgiving holiday, OFCCP has published proposed modifications to the Scheduling Letter and accompanying Itemized Listing. The deadline to submit comments on the proposed changes is January 20, 2023.
As a reminder, while OFCCP gives advance notice of audits through the CSAL, a contractor’s audit does not commence until…
Study of EEO-1 Component 2 Pay Data Released
By Laura A. Mitchell on
As announced, as the 2022 NILG National Conference was coming to a close, EEOC released the long-awaited National Academy of Sciences report on the EEOC’s Pay Data Collection Completed in 2020. The study, titled Evaluation of Compensation Data Collected Through the EEO-1 Form, is a dense read at over 275 pages.
The…
OFCCP Releases Notice of Proposed Rulemaking to Rescind Pre-Enforcement Notice and Conciliation Procedures
By Laura A. Mitchell on
Posted in Regulatory Update
As anticipated, OFCCP has released its proposal to revise the Agency’s Rule on Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures to Resolve Potential Employment Discrimination. The final rule, published in November 2020, codified the used of The Predetermination Notice and the Notice of Violation as part of OFCCP’s enforcement activities.
In today’s message from…
Paycheck Fairness Act Fails to Advance in Senate
By Laura A. Mitchell on
Posted in Regulatory Update
On June 11, 2021 the U.S. Senate failed to approve advancement of the latest iteration of the Paycheck Fairness Act. In a procedural cloture vote that fell along party lines the Act fell short of receiving the required 60 votes needed to move forward.
As a reminder, the version of the Act proposed in February…
Executive Order on Increasing the Minimum Wage for Federal Contractors Issued
By Laura A. Mitchell on
Posted in Regulatory Update
As previewed, on April 27, 2021 President Biden issued an Executive Order directing the minimum wage for certain federal contractors be increased to $15 per hour. The Executive Order on Increasing the Minimum Wage for Federal Contractors states that the minimum wage for certain hourly workers be increased to $15 per hour for new…
President Biden to Issue Executive Order Today Directing $15 Minimum Wage for Federal Contractors
By Laura A. Mitchell on
Posted in Regulatory Update
The White House has released a Fact Sheet detailing an expected Executive Order from President Biden raising the minimum wage for certain federal contractors to $15 an hour by January 2022. The new executive order will expand upon the Federal Minimum Wage Executive Order 13658 signed by President Obama in February 2014, which applied…
EEO-1 Reporting Deadline Expected To Now Be July 2021
In an announcement (EEOCdata.org) that flew under the radar and has, yet, to appear on the EEO-1 reporting webpage, or EEOC’s home page, EEOC now says the filing deadline will be in sometime in July. When in July? EEOC had not said:
The EEO-1 Component 1 data collection will open at the end of
…