The saga of OFCCP v. Florida Hospital of Orlando is synonymous with OFCCP’s ongoing battle to establish jurisdiction over healthcare providers. In late-2008, OFCCP brought an enforcement action after the Hospital objected to OFCCP’s jurisdiction, claiming it was not a covered “subcontractor.” An administrative law judge in October 2012 found the Hospital to be a
Florida Hospital
The Battle Between OFCCP and the Healthcare Industry Continues in Washington
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Today, yet another chapter of the attenuated battle between OFCCP and the healthcare industry unfolded on Capitol Hill. During a hearing on H.R. 3633, known as the Protecting Health Care Providers from Increased Administrative Burdens Act, Representative Tim Walberg, the bill’s sponsor, reported that Secretary of Labor Perez provided him with a letter detailing …
Congressional Subcommittee Holds Hearing to Examine Recent OFCCP Actions
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On Wednesday, December 4th at 10:00 a.m., the Subcommittee on Workforce Protections held a hearing entitled, “Examining Recent Actions by the Office of Federal Contract Compliance Programs.” During the hearing, witnesses offered testimony on (1) the effects of the new veteran and disability regulations on workers and employers, and (2) attempts by OFCCP…
Its Not Over Yet – Florida Hospital Case Remanded for Further Assessment of OFCCP’s Jurisdiction
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As we reported last week, an en banc ARB panel, granting OFCCP’s Motion for Reconsideration, ruled OFCCP could assert jurisdiction over Florida Hospital based on the first prong of the defintion of subcontract in the regulations. The Court, however, has acknowledged that OFCCP may nevertheless be barred from asserting jurisdiction over Florida Hospital…
En Banc ARB Panel Holds Florida Hospital is Still Subject to OFCCP Jurisdiction Despite Passage of NDAA
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In an opinion released today, the en banc ARB panel tasked with reviewing last years’s ARB plurality decision – which held Florida Hospital was not subject to OFCCP jursidiction after passage of the NDAA (National Defense Authorization Act) – has found Florida Hospital is still subject to OFCCP jursidiction based on application of the first…
One Week After Obama Wins Re-Election, OFCCP Signals Commitment to Vigorous and Expansive Enforcement: Pledges Continued Compliance Reviews (and Litigation) in TRICARE Cases Unless Court Clarifies Florida Hospital Decision
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As an update to our recent post discussing the latest chapter of the OFCCP/TRICARE saga, OFCCP has asked the United States Department of Labor’s Administrative Review Board to reconsider their “deeply divided” decision in which a plurality of the ARB decided the National Defense Administration Act (NDAA) precluded OFCCP’s jurisdiction over Florida Hospital.
In…
Favorable Decision for TRICARE Employer Doesn’t Foreclose OFCCP Jurisdiction for All in the Healthcare Industry
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Florida Hospital of Orlando received good news on Friday when the Administrative Review Board (ARB) found in their favor and concluded OFCCP could not subject the hospital to a compliance review. While this decision answers the outstanding question of OFCCP jurisdiction for Florida Hospital, it is by no means establishes a blanket exemption for others,…