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Still No New Director for OFCCP

Jackson Lewis P.C.·

As of today, OFCCP remains without a new director. According to Bloomberg News, an industry news outlet, the Department of Labor has confirmed Craig Leen has begun work as a “senior advisor” within OFCCP. No additional information regarding his role was provided.

Minimum Wage for Federal Contractors Increased Effective January 1, 2018

Jackson Lewis P.C.·

Effective January 1, 2018, the minimum wage for federal contractors working on or in connection with contracts covered by Executive Order 13658 will be $10.35/ hour. The announcement was made via posting in the federal register on September 15, 2017. The wage rate for tipped employees will also incr

U.S. Senate Opposes OFCCP/EEOC Merger Proposal

Jackson Lewis P.C.·

In budget measures last week both the U.S. Senate and House signaled the proposed merger between OFCCP and EEOC will soon be nothing but a distant memory. This action comes on the heels of a recent letter from OFCCP Acting Director Tom Dowd who also questioned the efficiency of the proposed merger i

Does Your Company Need an Affirmative Action Plan?

Maynard Nexsen·

Executive Order (EO) 11246 prohibits federal contractors and subcontractors from discriminating against employees and applicants on the basis of race, color, religion, sex, sexual orientation, sexual identity, or national origin. To ensure that obligation is met, certain contractors are required, by

President Trump Revokes Blacklisting Executive Order, Including Paycheck Disclosure Requirements

FordHarrison·

Executive Summary: President Trump has signed a Joint Resolution (H.J. Res. 37) disapproving federal agency rules implementing the Fair Pay and Safe Workplaces Executive Order (EO 13673) (also known as the “Blacklisting” EO) signed by former President Obama in 2014. President Trump also issued an EO

OFCCP Announces 2017 Veterans Hiring Benchmark for Federal Contractors

Littler·

On March 31, 2017, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) updated its Annual Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) Benchmark Database to reflect a new hiring benchmark of 6.7 percent. The new benchmark is slightly lower than the previous

Veteran Hiring Benchmark Reduced – Again

Jackson Lewis P.C.·

OFCCP has released its revised VEVRAA hiring benchmark for 2017. The agency has lowered the benchmark to 6.7 percent, down from the previous 6.9 percent mark.

ALJ Rules that OFCCP Exceeded its Authority in Demanding Certain Employee Compensation Data from Google

FordHarrison·

Executive Summary: In January, the OFCCP filed an administrative complaint against Google for denying access to records in violation of applicable federal affirmative action laws and implementing regulations. The Administrative Law Judge (ALJ) denied OFCCP’s request to compel Google to comply with t

Audit Letters Are In The Mail

Jackson Lewis P.C.·

As an update to last month’s report that OFCCP has put 800 establishments on notice of upcoming audits, we have learned that as of Friday, March 17, 2017, OFCCP has started sending out letters actually initiating audits.

A Word of Warning When it Comes to Contracting With the Federal Government: Beware

Maynard Nexsen·

Employers who regularly contract with the federal government are, most likely, already well aware that doing so can be both difficult and complex. This is particularly the case this time of year, when many are undergoing compliance audits. So here’s a word of warning for those considering entering i

Court Blocks Fair Pay and Safe Workplaces Executive Order From Taking Effect

CDF Labor Law LLP·

On August 25, 2016, the Department of Labor published the Final Rule and related guidance implementing President Obama's Fair Pay and Safe Workplaces Executive Order.

Federal Contractors Face New Paid Sick Leave Requirements

CDF Labor Law LLP·

Final rules implementing President Obama's Federal Contractor Paid Sick Leave Executive Order were recently issued, establishing new compliance burdens for many federal contractors. The final rule implementing Executive Order 13706 (establishing paid sick leave for federal contractors) was published

On Eve of Implementation, Federal Court Presses Pause on Nearly Every Provision of Fair Pay and Safe Workplaces "Blacklisting" Executive Order

FordHarrison·

Executive Summary: On the day before the effective date of the Regulations and Guidance implementing the Fair Pay and Safe Workplaces Executive Order (collectively the “Rules”), a federal trial court in Texas has temporarily halted implementation of the “blacklisting” requirements and the prohibitio

A Win for Federal Contractors, Court Temporarily Enjoins Enforcement of Key "Blacklisting" Rule Provisions

Littler·

Late in the day on Monday October 24, 2016, a U.S. District Court Judge for the Eastern District of Texas granted a preliminary injunction against implementation of major and contentious provisions of the Fair Pay and Safe Workplaces Executive Order (E.O.), also known as the "blacklisting" rule. The

Breaking News: Portions of Fair Pay and Safe Workplaces Executive Order Blocked

Jackson Lewis P.C.·

In a much anticipated, last minute ruling, a U.S. District Court Judge has ordered a nationwide preliminary injunction blocking the labor law violation disclosure requirements and restriction on use of arbitration agreements portions of the Fair Pay and Safe Workplaces Final Rule and Guidance (“Fina

Texas Federal Court Blocks Enforcement of Key Portions of Fair Pay and Safe Workplaces Rules

Jackson Lewis P.C.·

A U.S. District Court Judge has ordered a nationwide preliminary injunction blocking the labor law violation disclosure requirements and restriction on use of arbitration agreements portions of the Fair Pay and Safe Workplaces Final Rule and Guidance (“Final Rule”), which were set to take effect on

Fair Pay and Safe Workplaces Rules ‘Misguided,’ ‘Unlawful’ and Must be Blocked, Says Texas Lawsuit – TRO Hearing Scheduled for October 21

Jackson Lewis P.C.·

Several large construction and security industry groups have filed a lawsuit in the U.S. District Court for the Eastern District of Texas to block the heavily criticized Fair Pay and Safe Workplaces Executive Order 13673 and related rules. The court has scheduled a temporary restraining order (TRO)

Director Patricia Shiu to Leave OFCCP on November 6th

Jackson Lewis P.C.·

We have learned that Patricia Shiu will end her tenure as OFCCP Director in just a few weeks, on November 6th. Director Shiu assumed the position in mid-2009 and has been one of the longest-serving directors of the agency.

DOL Issues Final Rule Implementing Paid Sick Leave for Federal Contractors

Littler·

On September 29, 2016, the U.S. Department of Labor (DOL) issued its long-awaited final rule1 to implement Executive Order 13706,2 which requires covered federal contractors to provide employees with up to seven days (56 hours) of paid sick leave per year, including paid leave to care for family mem

Labor Department Issues Final Rule Implementing Executive Order on Government Contractor Paid Sick Leave

Jackson Lewis P.C.·

The U.S. Department of Labor has released final regulations implementing President Barack Obama’s Executive Order 13706, requiring up to seven days of paid sick leave for workers on federal contracts.