Tag Archives: Pay discrimination

Complimentary Webinar: What You Need to Know About OFCCP’s New Compensation Directive

It’s been a little more than two weeks since OFCCP released its new Compensation Directive.  While we don’t yet have answers to all of the questions surrounding the Directive, we do have thoughts about what will likely change, and what will not, for federal contractors during compliance reviews. Since OFCCP has just released another round … Continue Reading

OFCCP’s New Compensation Directive – What Does it Really Mean For Contractors?

There’s been a lot of discussion in past days about OFCCP’s new Compensation Directive, which describes the Agency’s approach to investigating pay discrimination.  We’ve spent some time digging into the details of the directive.  We’ve previously shared our thoughts about the Directive’s commitment to transparency, and now, as promised, want to share our thoughts about the nuts and … Continue Reading

New Compensation Directive Promises Transparency

By Laura A. Mitchell, Elizabeth P. Hernandez, and Suzanne Donnelly Corwin Late last week OFCCP released a new Directive detailing the Agency’s approach to investigating pay discrimination.  Directive 2018-05 applies to all OFCCP reviews scheduled on or after August 24, 2018, and to open reviews to the extent “they do not conflict with OFCCP guidance or procedures … Continue Reading

BREAKING NEWS: OFCCP Issues New Compensation Directive and Other Directives

It’s here!  OFCCP has finally issued its long-awaited, much-anticipated, new compensation directive.  The Directive explicitly replaces the controversial Directive 307 and sets out the Agency’s current approach, and commitment to transparency, with respect to pay equity analyses. Directive 2018-05: Analysis of Contractor Compensation Practices During a Compliance Evaluation outlines “standard procedures for reviewing contractor compensation practices during a … Continue Reading

OFCCP Working on Contractor Certification Program

Following the tone of the preceding days, the 2018 ILG National Conference closed Friday morning with a friendly conversation between Acting Director Craig Leen and NILG Chair Paul McGovern.  The two discussed several of the themes and OFCCP initiatives addressed during the conference: Transparency, certainty and the Rule of Law The Agency’s audit scheduling process Directive 307 and pay … Continue Reading

BREAKING NEWS: Pay Data Reporting Obligation Postponed Indefinitely

We have learned the Office of Information Regulatory Affairs (OIRA) has decided to postpone indefinitely effectiveness of the newly created pay data reporting component of the annual EEO-1 report.  In a letter addressed to Acting EEOC Chair, Victoria Lipnic, OIRA explained it has stayed the effectiveness of the new obligation to take time to review data collection … Continue Reading

New Pay Equity Advisor Blog Launched

As we continue to see issues of pay equity arise on a daily basis, Jackson Lewis is pleased to announce the launch of its Pay Equity Advisor blog.  The blog was created to provide updates and practical strategies to employers facing hot button issues surrounding compensation and pay equity as the call for pay transparency … Continue Reading

EEOC Commissioner Victoria Lipnic Shares Her Thoughts on Pay Data Collection with the ILG National Conference

The second day of the 2016 ILG National Conference was filled with many informative sessions including those on implementing affirmative action plans, diversity initiatives, steering, and everyone’s favorite topic – pay. The day opened with an address from EEOC Commissioner Victoria Lipnic. Commissioner Lipnic shared details of the Agency’s work studying harassment in the workplace. … Continue Reading

Pay Transparency Obligations Are Now Effective

Happy New Year!  For the government contractor community 2016 seems to be picking up right where 2015 left off  – with implementation of new compliance obligations. Eleven days into the new year and federal contractors are now subject to Executive Order 13665 – the Pay Transparency Executive Order.  While January 11, 2016 is officially the first day government contractors can … Continue Reading

New York Substantially Increases Employer Obligations Related To Fair Pay, Pay Transparency

Following the trend set by the Pay Transparency Executive Order 13665 and Governor Jerry Brown’s signing of the California Fair Pay Act, this week New York Governor Andrew M. Cuomo (D) signed a series of bills aimed at significantly strengthening fair pay, “pay transparency” and other legal protections available in the workplace. The five new bills impact New … Continue Reading

The New Tool in OFCCP’s Compensation Enforcement Toolbox: Compensation Manager Interviews

Compensation – it’s on everyone’s mind and it’s what everyone was talking about at the 33rd Annual ILG National Conference in New York City.  Conference attendees, government officials and practitioners alike were all talking about pay and the tools available to employers and agencies to identify and investigate compensation issues. Our Jackson Lewis colleague Scott M. Pechaitis has put together his thoughts … Continue Reading

Protecting Your Proactive Pay Analyses

The Obama Administration has made it clear that closing the persistent gender “wage gap” is one of its top EEO priorities. As such, OFCCP has ramped up its enforcement of equal pay laws, including rewriting its compensation investigation guidelines with Agency Directive 307, revamping its Division of Statistical Analyses, and reinventing the pay data component … Continue Reading

National Equal Pay Day

April 14, 2015 has been identified as National Equal Pay Day – the day which symbolizes how far into the year women must work to earn what men earned in the previous year. President Obama has made fighting pay discrimination a top priority of his Civil Rights Agenda. He has recently taken several executive actions … Continue Reading

OFCCP Posts FAQs Addressing Submission of Compensation Data in Compliance Reviews

One of the biggest changes to OFCCP’s recently revised scheduling letter is the requirement that employers must now submit employee-level pay data at the outset of an OFCCP audit.  As the Agency puts 2,500 establishments on notice of upcoming audits, and in response to contractor questions and requests for guidance on the new scheduling letter, OFCCP … Continue Reading

Are You Ready to Respond to OFCCP’s New Audit Playbook?: A Special Complimentary Affirmative Action Webinar

OFCCP recently mailed out close to 2,500 Courtesy Scheduling Announcement Letters to employers providing advance notice of upcoming audits. Up against the fast-approaching end of the Agency’s fiscal year, OFCCP began initiating actual audits immediately after the CSALs were mailed. While we can certainly expect OFCCP to continue to focus their enforcement efforts on traditional areas of … Continue Reading

OFCCP Director Patricia Shiu Addresses ILG National Conference

Rounding out the festivities in Washington, D.C., OFCCP Director Pat Shiu addressed attendees on the closing morning of the 32nd Annual ILG National conference.  Keeping to the conference theme of “Learning from the Legacy, Focusing on the Future,” Director Shiu’s remarks centered around the “unfinished business of America” to address issues of pay, sexual orientation … Continue Reading

OFCCP’s Focus on “Steering” Discrimination Gains Steam

As OFCCP tries to find new ways to attack the “pay gap,” the Agency is focused increasingly on novel and creative methods to uncover alleged pay discrimination.  These “outside the box” investigations look beyond simply pay decisions (starting salary and pay adjustments) and instead examine employee selection processes – such as hiring decisions – and … Continue Reading

Update: OMB Reviewing “Pay Transparency” Regulations

Earlier this week, OFCCP delivered to the Office of Management and Budget (OMB) proposed regulations implementing the President’s recent Executive Order 13665 prohibiting employers from retaliating against employees for discussing their pay.  A White House Fact Sheet provides more information on how the proposed regulations fit into the President’s pay initiatives. After OMB reviews (and … Continue Reading

A (Running) List of Presidential Actions Affecting Federal Contractors

It’s been a busy spring and early summer for the President and federal contractors with several new Executive Orders and a Presidential Memorandum on the issues of employee pay as well as sexual orientation and gender identity discrimination.  For those of you trying to keep up with it all, below is an up-to-date summary of the … Continue Reading

CSAL UPDATE: New Details on Wave of OFCCP Advance Audit Notification Letters

Jackson Lewis has learned the following about the latest round of OFCCP Courtesy Scheduling Announcement Letters (CSALs). On July 16, 2014 OFCCP sent out a wave of CSALs giving employers advance notice about impending OFCCP compliance reviews. The latest CSAL wave included:  568 employers 1,507 establishments 23 industries 30 Corporate Management Compliance Evaluations (CMCEs) were … Continue Reading

OFCCP Director Shares Agency’s Thoughts on Recent Supreme Court Decisions

On June 27, Patricia Shiu,  OFCCP Director, gave the key-note speech at the National Employment Lawyers Association’s 2013 Annual Convention.  In a portion of her remarks, Director Shiu referred to two U.S. Supreme Court decisions from this term – Vance v. Ball, which narrowly defined “supervisor” for Title VII purposes, and University of Texas Southwest … Continue Reading
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