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
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Revised Proposed OFCCP Supply & Service Scheduling Letter Published
The Office of Federal Contract Compliance Programs (OFCCP) has been working to revise the scheduling letter and itemized listing it uses to initiate compliance reviews of supply and service federal contractors and subcontractors. After considering public comments, the Office of Management and Budget (OMB) has released a new version of the proposed Scheduling Letter…
OFCCP Notifying Non-Objecting Contractors of Intent to Disclose EEO-1 Data
On the heels of the filing of the Center of Investigative Reporting lawsuit alleging OFCCP is not properly responding to its FOIA request for federal contractor 2016-2022 EEO-1 Type 2 Reports, the Agency is notifying companies for which it does not have a record of an objection, that the Agency intends to release the requested…
EEOC Replaces “EEO is the Law” Poster and OFCCP Supplement with “Know Your Rights” Poster
Last week, the EEOC and OFCCP announced the replacement of the “EEO is the Law” poster in favor of a new poster called the “Know Your Rights” poster. Both EEOC and OFCCP have updated their websites accordingly. Importantly, as of the date of this blog post, DOL had not, yet, updated its workplace poster…
New OFCCP Guidance on Portal Registration for Higher Education Institutions
OFCCP’s regulations were designed for the typical private sector contractor. As a result, higher educational institutions, particularly colleges and universities, often struggle with fitting their “round pegs” processes into the “square holes” that OFCCP designed. OFCCP’s Contractor Portal is no exception.
The Portal identifies employer establishments based on EEO-1 Reports filed from 2018. But higher…
OFCCP Announces Construction Contract Award Portal
OFCCP announced today it will launch the Notification of Construction Contract Award Portal (NCAP) on August 26, 2022. While the NCAP is not yet live, OFCCP has launched an NCAP informational page with background information. The page will eventually include FAQs, how-to videos, and a User Guide.
The purpose of the NCAP is distinct from…
Clarification on OFCCP’s New Compensation Directive 2022-01
Speaking to the Institute For Workplace Equality during its 2022 Annual Summit in Washington D.C., personnel from the U.S. Department of Labor Solicitor’s office (OFCCP’s attorneys) clarified the intent of the Agency’s new Compensation Directive 2022-01. Speaking to conference attendees, Beverly Dankowitz, Associate Solicitor for the Civil Rights and Labor- Management, explained the purpose…
Non-Binary Gender Reporting “Option” for 2021 EEO-1 Reports
As we reported the 2021 EEO-1 reporting portal is now open.
More employers are collecting non-binary gender data from employees. The EEOC however, is not authorized to require collection, or reporting, of non-binary employee data. The current EEO-1 reporting form has fields only for the reporting of employee binary gender data. So what are employers…
2021 EEO-1 Data Collection Has Opened
EEOC has announced the opening of the 2021 EEO-1 Component 1 Data Collection platform. The deadline to complete filing this year is May 17, 2022 – giving employers only 5 weeks to complete the reporting. In an e-mail message announcing the opening, the Agency encouraged filers to begin the filing process “as soon as possible.” …
President Biden Signs Executive Order Promoting Pay Equity and Transparency
In addition to digesting OFCCP’s release of a new directive on compensation, government contractors may soon see new regulations around inquiries into and the use of prior salary information. In conjunction with Equal Pay Day, President Biden signed a new Executive Order on Advancing Economy, Efficiency, and Effectiveness in Federal Contracting by Promoting Pay…