On January 13, 2022, the Supreme Court of the United States (SCOTUS) issued an opinion ruling that the parties challenging OSHA’s COVID-19 Vaccine and Testing Emergency Temporary Standard, which required private US employers with 100 or more employees to mandate vaccination or regular testing of their workforce, were likely to succeed on the merits of

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

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

Do your job applications ask applicants about their criminal history? If so, you could be violating various state laws that prevent employers from inquiring into applicants’ criminal history at the initial stages of the hiring process.

These laws, commonly referred to as “ban-the-box” laws, have recently seen a rapid increase in support across the United States. The increase is largely attributable to the grassroots efforts of numerous organizations that aim to remove hiring barriers for individuals with criminal records. Employers who are caught unaware, or do not comply with these laws, risk exposure to fines and penalties, and being a target for individual and class-action lawsuits.

Continue Reading Asking Applicants About Criminal History—What You Need to Know

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