This week the Department of Labor announced its spring 2019 Regulatory Agenda.   Included was an new item from OFCCP that was part of its prior published regulatory agenda.  As OFCCP previously announced in 2018, its planned rule-making agenda for the near future includes rulemaking to address affirmative action obligations for TRICARE providers (slated for May 2019) and contractor’s use of religious exemptions (slated for June 2019).

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Today, the Trump Administration released its Spring 2018 Unified Agenda of Regulatory and Deregulatory Actions, which “reports on the actions administrative agencies plan to issue in the near and long term.”

OFCCP has only one item listed on its agenda, entitled “Affirmative Action and Nondiscrimination Obligations of Federal Contractors and Subcontractors: TRICARE and Certain

While its been quite some time since we’ve discussed the issue, it seems we have occasion again to revisit the age-old, yet unresolved, question of whether healthcare providers are covered by federal affirmative action laws and regulations.  The answer to that question has been an ongoing saga in Congress and the courts. The recent history

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

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 

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

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

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