On February 1, 2018, the Office of Federal Contract Compliance Programs (OFCCP) sent 1,000 Corporate Scheduling Announcement Letters (CSALs) to federal contractors informing them that they may be audited for compliance with federal non-discrimination requirements/affirmative action plans.
In a move that will surprise few, the federal Office of Management and Budget (“OMB”) has “stayed” the upcoming EEO-1 compensation data reporting requirement, pending further review. As we previously wrote about here, in 2016, the Equal Employment Opportunity Commission (“EEOC”) implemented a rule requiring employers with 100 or more employees (and federal contractors with 50 or more employees) to include compensation data in their annual EEO-1 reports. Covered employers were already required to file an EEO-1 report tracking race/ethnicity and sex; the stay does not impact this requirement. Continue Reading Federal Government Hits Pause on Upcoming Pay Reporting Requirement
Before taking office, President Trump vowed to revoke “all illegal and overreaching executive orders.” On March 27, he made good on that vow when he revoked former President Obama’s Executive Order 13673, the Fair Pay & Safe Workplaces rule (“EO”), known by many as the “Blacklisting EO”. Continue Reading Obama’s “Blacklisting” Executive Order Is DOA
While no one knows exactly how Donald Trump’s election as President will impact labor and employment laws in the country, it is a safe bet that there will be changes. Because Trump was virtually silent on the campaign trail regarding the specifics of any employment law policies, we are left to speculate on any upcoming changes. We provide a brief overview of our best educated guesses on what changes could be in store given the election results. Given Trump’s position on government enforcement and his pro-business stance, there is an expectation of changes to several employment-related laws. Continue Reading What Trump’s Election Means for Employment Laws
Title VII and the Equal Pay Act expressly ban the unequal treatment and compensation of female employees. Yet pay inequity can creep in to even the most well-intentioned companies. As a consequence, standards for evaluating pay practices are rapidly evolving in both the public and private sectors, and many companies are pledging to improve wage equality. What’s more, with the EEOC now targeting equal pay discrimination, we are primed to see a wave of class action lawsuits that could cost companies millions in back pay and damages. Is your company keeping up? Continue Reading Pay Equity: Everything Employers Need to Know
Earlier this month, the National Labor Relations Board issued a memorandum announcing the steps it will take to report complaints alleged against federal contractor employers in order to comply with the Fair Pay and Safe Workplaces Executive Order 13673. In doing so, the NLRB became the first government agency to implement reporting procedures under the Executive Order, though regulations have not been finalized. Noteworthy, it appears the NLRB will use the Executive Order’s reporting requirements as a pressure point to further encourage the early settlement of complaints filed against companies. While it remains to be seen exactly how the Executive Order’s “blacklisting” procedures will impact federal contractors, it is important that companies understand the potential impact of the Executive Order and the planned procedures of the various administrative agencies, including the NLRB, to comply with the Executive Order. Continue Reading Federal Contractors Take Note – NLRB Will Report Complaints Unless Companies Agree to Settlement
Following President Obama’s 2014 Executive Order, the Office of Federal Contract Compliance Programs’ final rule on pay transparency took effect January 11, 2016. Some highlights of the final rule include the following: Continue Reading OFCCP Pay Transparency Rule Takes Effect
It’s been more than a year since the Office of Federal Contract Compliance Programs issued groundbreaking new rules related to Section 503 and the Vietnam Era Veterans’ Readjustment Assistance Act, yet the Agency shows no signs of slowing down. In the past several months, the OFCCP has issued proposed rules on hot topics such as pay discrimination and discrimination based on sexual orientation and gender identity. Continue Reading Four Ways to Prepare for the New OFCCP Rules