Employment & Labor Insider

Employment & Labor Insider

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Category Archives: Affirmative Action

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Employment and labor law developments (and a few other things) I’m thankful for

Posted in Affirmative Action, Discrimination, Elections, FOCUS, Gender Identity Discrimination, Labor Relations, Public Sector Employment, Settlements, Sexual Orientation
This has been a weird year for me. (And, no, I’m not even thinking about the election!) But I have much to be thankful for, and I hope you do, too. BREAKING THING TO BE THANKFUL FOR: Yesterday evening, the U.S. Department of Labor’s new rule governing white-collar exemptions under the Fair Labor Standards Act was struck… Continue Reading

Deadline to comment on pay transparency language is next Tuesday

Posted in Affirmative Action
Last chance! The deadline to comment on the Interim Rule that adds pay transparency language to government contracts is this coming Tuesday, November 29. On September 30, 2016, the U.S. Department of Defense, General Services Administration, and National Aeronautics and Space Administration issued an interim rule  called “Non-Retaliation for Disclosure of Compensation Information,” which amends the… Continue Reading

DOL’s new online tool may result in more OFCCP complaints

Posted in Affirmative Action, Discrimination, Labor Relations, Retaliation, Safety, Wage-Hour
The U.S. Department of Labor recently rolled out www.worker.gov, an online tool designed to help employees file various types of complaints against their employers. The White House announced that the website will assist individuals “if they have had wages stolen, been injured on the job, faced discrimination, or been retaliated against for joining together to… Continue Reading

Weekly catch-up

Posted in Affirmative Action, Class actions, ConstangyTV, Elections, Equal Pay, FOCUS, Gender Identity Discrimination, Labor Relations, Protected Concerted Activity, Safety, Sexual Orientation, Wage-Hour, Work-Life Balance
Effect of Election 2016 on labor and employment law. We asked our practice group heads and some thought leaders to tell us how they think employers will be affected by a Trump Administration on specific labor and employment law issues. This client bulletin is packed with prognostication about what we may see in the areas of affirmative action and… Continue Reading

Will President-Elect Trump take some pressure off federal contractors?

Posted in Affirmative Action
For the past eight years, as President Obama was unable to push much of his legislative agenda through Congress, federal contractors have faced an onslaught of increasing regulatory burdens and an aggressive enforcement agency. Will the positions of the Office of Federal Contract Compliance Programs soften under a Trump Administration? Here are my predictions. Fair… Continue Reading

ConstangyTV is on the air!

Posted in Affirmative Action, Constangy News, ConstangyTV, Discrimination, Equal Pay, Gender Identity Discrimination, Pregnancy, Sexual Orientation
I am delighted to announce the launch of ConstangyTV’s Close-Up on Workplace Law, a new video series on labor and employment law issues. We’ll be offering these videos on a monthly basis, in addition to our newsletters and blog posts. Our debut is about the evolving definition of sex discrimination under federal law. Host Leigh Tyson, a… Continue Reading

Voluntary self-ID isn’t proof of hiring bias, Shiu’s acting replacement named

Posted in Affirmative Action, Discrimination
Federal contractors, will asking applicants to voluntarily self-identify by race — a request that the Office of Federal Contract Compliance Programs requires you to make — be used against you in a hiring-discrimination lawsuit? A recent decision from a federal court in New Jersey indicates that the answer is NO, as long as you handle the… Continue Reading

Weekly catch-up

Posted in Affirmative Action, FOCUS, Labor Relations, Work-Life Balance
There is great rejoicing among federal contractors since a federal judge in Texas has preliminarily blocked the “Fair Pay and Safe Workplaces” rules from going into effect. Absent the court’s action, the rules would have taken effect for the largest contractors this past Tuesday, and for some smaller ones in 2017. The case is far from over, but this… Continue Reading

Tech company sued for alleged hiring bias against Asians, OFCCP’s Shiu to step down

Posted in Affirmative Action, Discrimination
Being part of the “in” crowd with the FBI apparently does not protect you from the Office of Federal Contract Compliance Programs. To the contrary: It was an FBI contract that subjected a California-based technology company to an OFCCP review that has resulted in an administrative complaint. Palantir Technologies is a large government contractor with more… Continue Reading

Employer groups try to block “Fair Pay and Safe Workplaces” rule. Will they beat the deadline?

Posted in Affirmative Action
UPDATE (10/25/16): They did, they did! Judge Marcia Crone has issued a preliminary injunction against the Rule, which blocks it from going into effect. She agreed with the plaintiffs on just about every point (although she declined to block the paycheck transparency provisions). Here is a copy of the Order. Many federal contractors are on the verge… Continue Reading

OFCCP expands Mega Construction Project Program

Posted in Affirmative Action
The Bureau of Labor Statistics projects that employment in construction and extraction occupations will grow 10 percent from 2014 to 2024 – increasing from 6.5 million to 7.2 million jobs – the biggest increase in any industry. As a result, the Office of Federal Contract Compliance Programs, which is responsible for ensuring that contractors meet their… Continue Reading

Weekly catch-up

Posted in Affirmative Action, Discrimination, Elections, Equal Pay, Reference
The Equal Employment Opportunity Commission announced last week that it would indeed require all employers with 100 or more employees to file EEO-1 reports that contain compensation data by EEO category, race, ethnicity, and sex. The first compensation reports will be due March 31, 2018, for a “snapshot” period that will run from October 1 through… Continue Reading

Criticism of OFCCP won’t give contractors any satisfaction

Posted in Affirmative Action
According to a study recently published by the U.S. Government Accountability Office, there are indications that the Office of Federal Contract Compliance Programs is not effective in stopping discrimination. But before contractors get excited, they’d better take a look at the reasons. According to the GAO study, the OFCCP doesn’t focus its efforts at those federal contractors and… Continue Reading

EEO-1 reports will require comp information starting 2017-18

Posted in Affirmative Action, Discrimination, Equal Pay
The Equal Employment Opportunity Commission announced yesterday that it will indeed start requiring employers with 100 or more employees to include compensation information in their annual EEO-1 reports. This includes companies that are not federal contractors as well as those that are. The new reporting obligations will begin on March 31, 2018, for the 2017 calendar year.… Continue Reading

BREAKING: DOL releases Final Rule on paid sick leave for employees of federal contractors

Posted in Affirmative Action
The U.S. Department of Labor announced today its Final Rule implementing Executive Order 13706, Establishing Paid Sick Leave for Federal Contractors. We are reviewing the Final Rule and will publish an Affirmative Action Alert with more details. In the meantime, here are the highlights from the DOL’s Fact Sheet: *Covered contractors are “nearly identical” to those… Continue Reading

DOL announces 2017 minimum wages for federal contractors

Posted in Affirmative Action, Wage-Hour
The U.S. Department of Labor announced last week that covered federal contractors and subcontractors will be required to pay workers an hourly minimum wage of $10.20 an hour beginning January 1, 2017.  The minimum cash wage for tipped workers will increase to $6.80 an hour. The annual increases are required by an Executive Order issued in February 2014, which mandates that… Continue Reading

Contractor settles with OFCCP for more than $250K

Posted in Affirmative Action, Discrimination, Equal Pay, Settlements
Louise Davies is an Affirmative Action Paralegal in Constangy’s Winston-Salem, North Carolina, office. For more than 15 years, she has helped employers develop affirmative action plans and respond to audits and on-site investigations by the Office of Federal Contract Compliance Programs. She also conducts diversity training for employers. Louise is a graduate of Wesleyan College… Continue Reading

Will “ban the box” backfire?

Posted in Affirmative Action, Background Checks, Discrimination
Ever since the Equal Employment Opportunity Commission updated its Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions in 2012, many state and local jurisdictions have adopted laws limiting employers’ ability to inquire about applicants’ criminal histories. And many employers not covered by those laws are voluntarily adopting policies against considering criminal information… Continue Reading

Federal subcontractors, beware! The OFCCP is watching you, too.

Posted in Affirmative Action
A recent complaint filed by the Office of Federal Contract Compliance Programs illustrates that it’s not only federal contractors who need to be sure they comply with affirmative action requirements, but also those who contract with the federal contractors – a.k.a. “subcontractors.” The OFCCP’s allegations against Maryland construction subcontractor Potomac Abatement are awful. (Here is a copy… Continue Reading

Fair Pay and Safe Workplaces in a nutshell

Posted in Affirmative Action
Louise Davies is an Affirmative Action Paralegal in Constangy’s Winston-Salem, North Carolina, office. For more than 15 years, she has helped employers develop affirmative action plans and respond to audits and on-site investigations by the Office of Federal Contract Compliance Programs. She also conducts diversity training for employers. Louise is a graduate of Wesleyan College… Continue Reading

Weekly catch-up

Posted in Affirmative Action, Discrimination, ENDA, Gender Identity Discrimination, Sexual Orientation
*The Summer 2016 edition of Preventive Medicine, our health care industry publication, is out, featuring an article by Susan Bassford Wilson on the ever-changing law on LGBT discrimination. We also have the EEOC’s latest LGBT charge-filing statistics, and all the latest employment law news of interest to health care employers since our Spring 2016 edition.… Continue Reading

Call the Doctor! Paid sick leave is on the way for (many) federal contractors

Posted in Affirmative Action
The date for the U.S. Secretary of Labor to issue regulations establishing paid sick leave for covered employees of certain federal contractors is fast approaching. By way of background, on September 7, 2015, President Obama signed Executive Order 13706, “Establishing Paid Sick Leave for Federal Contractors.” The Executive Order requires certain federal contractors to provide… Continue Reading