Employment & Labor Insider

Employment & Labor Insider

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Tag Archives: Federal Contractors

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

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

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

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

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

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

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

Time to start filing your EEO-1 and VETS-4212 reports!

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

Labor complaints to be reported to federal database of “bad” employers

Posted in Affirmative Action, Labor Relations, Settlements
To assist federal contractors in their compliance with the Fair Pay and Safe Workplaces Executive Order – which to date still has no final implementing regulations – the National Labor Relations Board has graciously offered to ensure that all unfair labor practice complaints involving federal contractors will be added to a federal database of “problem”… Continue Reading

Norfolk Southern unit agrees to pay OFCCP $492K for alleged race bias in hiring

Posted in Affirmative Action, Discrimination, Settlements
Do you need a reason to monitor your hiring and keep good records? Here’s one. Alleging race discrimination in the hiring process, the Office of Federal Contract Compliance Programs has settled with a unit of Norfolk Southern for $492,000. The OFCCP claimed that there were statistically significant differences in the hiring rates of whites and African-Americans into laborer… Continue Reading

Applicant tracking and the EEOC: “You can SUE us for that?”

Posted in Affirmative Action, Background Checks, Discrimination
Did you realize that the Equal Employment Opportunity Commission can sue you just for (allegedly) lousy recordkeeping? No discrimination, no harassment, no retaliation — just (alleged) failure to keep adequate records. Well, it’s true. Back in 2010, the agency was investigating whether Crothall Services Group’s use of criminal background checks and criminal history in making… Continue Reading

BREAKING: DOL releases proposed rule on paid sick leave for employees of federal contractors

Posted in Affirmative Action
UPDATE (2/26/16): Cara Crotty‘s full analysis of the proposed rule — plus video! — is here. Read Cara instead of me. The U.S. Department of Labor released today a proposed rule that would require federal contractors to provide at least seven paid sick days per year to their employees. The leave could be used for the… Continue Reading

Happy Turkey Day from the OFCCP! (not)

Posted in Affirmative Action
This post is by Cara Crotty, co-chair of Constangy’s Strategic Affirmative Action Practice Group.   Once again, the Office of Federal Contract Compliance Programs will ruin the holidays for thousands of federal contractors. The OFCCP announced last week that it plans to issue Courtesy Scheduling Announcement Letters, or CSALs, to 2,500 federal contractor establishments. CSALs… Continue Reading