The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has taken three recent notable actions. Specifically, OFCCP (1) will require a contractor to submit a verification of an affirmative action...more
9/9/2021
/ Affirmative Action ,
Biden Administration ,
Compliance ,
Construction Industry ,
Contractor Audits ,
Department of Labor (DOL) ,
EEO-1 ,
Federal Contractors ,
GAO ,
OFCCP ,
OIRA ,
OMB ,
Subcontractors ,
Workers’ Compensation
On May 27, 2021, the U.S. District Court for the District of Colorado (court) denied Rocky Mountain Association of Recruiters’ (Rocky Mountain) motion for preliminary injunction. Rocky Mountain was seeking to prevent...more
The Department of Labor (DOL) announced in May 2021 that it was withdrawing the rule called “Independent Contractor Status Under the Fair Labor Standards Act.” As anticipated, the Biden administration rescinded this Trump-era...more
5/13/2021
/ Biden Administration ,
Department of Labor (DOL) ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Gig Economy ,
Independent Contractors ,
Multi-Factor Test ,
Revocation ,
Trump Administration
Colorado’s Equal Pay for Equal Work Act, SB19-085 (the Equal Pay Act), went into effect on January 1, 2021. Colorado’s new law follows a string of laws in other states seeking to expand the protections related to equal pay,...more
3/12/2021
/ Department of Labor (DOL) ,
Dormant Commerce Clause ,
Employees ,
Employer Liability Issues ,
Employer Responsibilities ,
Equal Pay ,
Equal Pay Act ,
First Amendment ,
Injunctive Relief ,
Job Applicants ,
New Legislation ,
Pay Transparency ,
State and Local Government ,
State Labor Laws
On January 7, 2021, the U.S. Department of Labor (DOL) issued its highly anticipated final rule codifying its interpretation of independent contractor status under the Fair Labor Standards Act (FLSA). The final rule comes in...more
The gender equity movement focused higher education institutions on pay equality. For example, in 2016, the Equal Employment Opportunity Commission (EEOC) sued the University of Denver alleging gender discrimination in...more
The recent focus on social justice, coupled with the #MeToo movement created several years ago, has pushed companies to make bold efforts related to diversity and inclusion. Those efforts have taken many forms as companies...more
The U.S. Department of Labor (DOL) will see significant changes under a Biden administration. However, the nature and the degree of those changes will depend heavily on how Biden fills senior roles not only at DOL but also in...more
11/13/2020
/ Biden Administration ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Employee Definition ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Independent Contractors ,
OFCCP ,
OLMS ,
OSHA ,
Pay Discrimination ,
Trump Administration
The U.S. Department of Labor (DOL) issued its Notice of Proposed Rulemaking (NPRM) on September 22, 2020, seeking to codify the independent contractor/employee worker classifications into the Fair Labor Standards Act’s...more
9/28/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Independent Contractors ,
Misclassification ,
NPRM ,
Proposed Rules ,
Rulemaking Process ,
Wage and Hour