Employment & Labor Insider

Employment & Labor Insider

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Tag Archives: Affirmative Action

Hiring benchmark for protected veterans is reduced again

Posted in Affirmative Action
The Office of Federal Contract Compliance Programs announced that the annual hiring benchmark under the Vietnam Era Veterans’ Readjustment Assistance Act has been lowered from 6.9 percent to 6.7 percent. This percentage represents the national percentage of veterans in the civilian labor force, which has decreased each year since 2014, when the OFCCP began requiring the… Continue Reading

It’s OFCCP audit time! Six questions contractors should ask themselves

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

Are your federal contractor employees required to have privacy training?

Posted in Affirmative Action
The Federal Acquisition Regulations were recently updated to include a requirement that certain federal contractors provide privacy training to some of their employees. The training obligation does not apply to all employees of contractors who are subject to the requirement, and the requirement does not apply to all federal contractors. Effective January 19, 2017, contracting officers should be… Continue Reading

Fair Pay and Safe Workplaces and its “executioner”: The Congressional Review Act

Posted in Affirmative Action, Elections, Politics
The U.S. Senate has passed, 49-48, a resolution of disapproval of the Fair Pay and Safe Workplaces rule. The resolution of disapproval passed the House in February, and we’ve reported on it here and here. If the President signs the resolution, as is expected, then Fair Pay and Safe Workplaces will be dead. The controversial rule, issued by… Continue Reading

OFCCP issues updated “pay transparency” notices

Posted in Affirmative Action
Although the Office of Federal Contract Compliance Programs has not announced a requirement that contractors update their Pay Transparency Nondiscrimination Provision, the agency has updated its required posters and language.  Links to the new versions can be found here (formatted) and here (unformatted). The new versions do not contain substantive changes; they merely add the regulatory citation to… Continue Reading

Is the new EEO-1 form here to stay? Maybe yes, and maybe no . . .

Posted in Affirmative Action, Equal Pay
As we have previously reported, the new EEO-1 Form is set to be used as of March 31, 2018, for the October-December “snapshot” period in 2017. The new form will require federal contractors and employers with 100 or more employees to provide summary compensation data to the Equal Employment Opportunity Commission in each EEO-1 category, divided… Continue Reading

New voluntary self-ID (disability) form is now available

Posted in Affirmative Action
Stephanie UnderwoodOn January 31, the Office of Federal Contract Compliance Programs announced that the voluntary self-identification form for individuals with disabilities has been renewed through 2020. The renewed form remains the same with the exception of the new expiration date of January 31, 2020. Federal contractors should begin to use the renewed form or update their electronic… Continue Reading

Fair Pay & Safe Workplaces Rule is on the chopping block

Posted in Affirmative Action, Elections, Gender Identity Discrimination, Politics, Sexual Orientation
In good news for federal contractors, Congress has taken its first step toward permanently blocking implementation of the Fair Pay & Safe Workplaces Rule, also known as the contractor “Blacklisting” Rule.  As we have discussed previously, the Rule (which includes regulations and guidance implementing President Obama’s Executive Order 13673) requires federal contractors bidding on contracts worth… Continue Reading

EEOC finalizes rule on federal employees with disabilities – but will it survive the “freeze”?

Posted in Affirmative Action
On January 3, the Equal Employment Opportunity Commission issued final regulations intended to increase the number of individuals with disabilities employed by federal agencies. The new regulations require that each federal agency aim to have a workforce of which 12 percent have disabilities and 2 percent of that 12 percent have “targeted” or severe disabilities. A list… Continue Reading

Recent OFCCP settlements remind contractors about importance of recordkeeping

Posted in Affirmative Action
Within the past month, the Office of Federal Contract Compliance Programs has announced two settlements and filed one administrative complaint involving alleged discrimination in the hiring process. Southern Glazer’s Wine and Spirits of Louisiana, LLC, has agreed to pay $175,000 to settle allegations that it discriminated against black applicants for warehouse positions. Hormel Foods Corp. will… Continue Reading

OFCCP sues Google for comp, employee data

Posted in Affirmative Action
Every year, typically in the fall, federal contractors across the nation receive scheduling letters from the Office of Federal Contract Compliance Programs informing them that they have been selected for compliance reviews. The letters request a wide range of information establishing the contractors’ compliance with Executive Order 11246, the Rehabilitation Act and the Vietnam Era Veterans’ Readjustment Assistance… Continue Reading

Fair Pay and Safe Workplaces is mostly gone — but not the pay transparency part

Posted in Affirmative Action
Federal contractors were thrilled when Judge Marcia Crone issued a preliminary injunction in late October against President Obama’s Fair Pay and Safe Workplaces Executive Order. But Judge Crone’s decision did not block the entire rule. Although the preliminary injunction kept the bulk of the rule from going into effect, the portion requiring pay transparency took effect on January… Continue Reading

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

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

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

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