On June 7, 2024, OFCCP released its latest Corporate Scheduling Announcement List (CSAL). The list identifies 500 supply and service contractors and subcontractors selected for a Compliance Review (Establishment Review),...more
On March 25, 2024, the U.S. Department of Labor (“DOL”) announced that its Contractor Portal will open to receive Affirmative Action Program (“AAP”) certification submissions on April 1, 2024. Certifications must be made by...more
On December 22, 2023, a court in the Northern District of California ordered the disclosure of EEO-1 Reports filed by federal contractors and subcontractors (“Contractors”) between 2016 and 2020 in the case, Center for...more
On October 30, 2023, President Biden issued an “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (the “EO”), the first executive order directly addressing artificial...more
11/1/2023
/ Artificial Intelligence ,
Biden Administration ,
Compliance ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Discrimination ,
Executive Orders ,
Federal Contractors ,
Health Care Providers ,
Machine Learning ,
OFCCP ,
OMB ,
Regulatory Reform
As we previously posted, federal contractors and subcontractors meeting the VEVRAA eligibility threshold (“Covered Contractors”) have until September 30, 2023 to file their VETS-4212 Reports....more
Federal contractors and subcontractors meeting the VEVRAA eligibility threshold of having 50 or more employees and at least one federal contract totaling $150,000 or more (“Covered Contractors”) must annually file a VETS-4212...more
On January 25, 2022, OSHA filed a notice withdrawing its Emergency Temporary Standard (“ETS”). The ETS had mandated that employers with 100 or more employees require all employees to be fully vaccinated against COVID-19 or to...more
1/26/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On September 9, 2021, the Biden Administration announced that the Department of Labor’s Occupational Safety and Health Administration (OSHA) is developing an Emergency Temporary Standard that will require all employers with...more
9/10/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Emergency Management Plans ,
Employer Liability Issues ,
Entertainment Venues ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
OSHA ,
Popular ,
Vaccinations ,
Workplace Safety
On July 21, 2021, the Department of Labor (“DOL”) announced a proposed rule (the “Proposed Rule”) to implement President Biden’s Executive Order (the “Order”) requiring an increase of the minimum wage for certain employees of...more
Quick Hit:
On December 7, 2020, the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) issued its final rule enhancing the religious exemption for federal government contractors already contained...more
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On October 29, 2020, civil rights groups filed a lawsuit challenging President Trump’s recent Executive Order on “Combatting Race and Sex Stereotyping” (the “Order”). The Complaint alleges that the Order...more
11/3/2020
/ Bias ,
Department of Labor (DOL) ,
Diversity ,
Due Process ,
Employee Training ,
Equal Protection ,
Executive Orders ,
Federal Contractors ,
Fifth Amendment ,
First Amendment ,
Free Speech ,
Sexual Stereotyping ,
Trump Administration
As we have previously reported, the United States Department of Labor (DOL) continues to update its COVID-19 guidance. Most recently, on July 20, 2020, the DOL issued additional Q and A guidance related to COVID-19 and the...more
7/27/2020
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Guidance Update ,
Hazard Pay ,
New Guidance ,
Non-Exempt Employees ,
Sick Employees ,
Telecommuting ,
Wage and Hour
On April 10, 2020, the Department of Labor (“DOL”) released corrections to the regulations implementing the Emergency Family and Medical Leave Expansion Act (“EFMLEA”) and the Emergency Paid Sick Leave Act (“EPSLA”)...more
As we previously reported, OFCCP has already informed contractors that it “remains fully operational during the COVID-19 pandemic” and provided the contractor community with information regarding modifications to its...more
On April 1, 2020, the U.S. Department of Labor (“DOL”) posted a “temporary rule” issuing regulations, to implement the Emergency Family and Medical Leave Expansion Act (“EFMLEA”) and the Emergency Paid Sick Leave Act...more
4/7/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
New Guidance ,
Paid Family Leave Law ,
Quarantine ,
Shelter-In-Place ,
Sick Leave ,
Sick Pay
*** Last updated March 28, 2020 ***
The recently-passed Family First Coronavirus Response Act (FFCRA), which provides paid sick leave and emergency family leave, has raised many questions for employers. The US Department...more
On March 24, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) published much anticipated initial guidance on the federal Family First Coronavirus Response Act (“FFCRA”)....more
3/27/2020
/ Child Care ,
Covered Employer ,
Department of Labor (DOL) ,
EFMLA ,
EPSLA ,
Exemptions ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Full-Time Employees ,
New Guidance ,
Part-Time Employees ,
School Closures ,
Sick Leave ,
Sick Pay
On February 18, 2020, Proskauer attended a Compensation Roundtable held at the Department of Labor put on by the National Industry Liaison Group (NILG) in collaboration with OFCCP. Director Leen spoke at the event, taking the...more
On February 3, 2020, the President Trump announced his intent to nominate Craig Edward Leen, the current OFCCP Director, to serve as the Inspector General at the Office of Personnel Management. The Office of the Inspector...more
In this episode of The Proskauer Brief, partners Harris Mufson and Guy Brenner discuss the Office of Federal Contract Compliance Programs (OFCCP). Harris and Guy highlight OFCCP’s recent activities and discuss what...more
Quick Hit: OFCCP is inviting contractor stakeholders, and their legal counsel, to submit “Burning Question[s]” to its Help Desk that the agency can answer in forthcoming Opinion Letters.
Key Takeaways: OFCCP’s invitation is...more
Quick Hit: The U.S. Department of Labor has announced the recipients of the 2018 HIRE Vets Medallion Program Demonstration Award. The award recognizes employers who hire veterans and take efforts to establish employee...more
A partial government shutdown may soon be upon us. According to the Washington Post, “[t]he White House and a number of federal agencies have started advanced preparations for a partial government shutdown, as President...more
12/19/2018
/ COBRA ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
E-Verify ,
Exceptions ,
Federal Budget ,
Federal Contractors ,
Federal Funding ,
Government Shutdown ,
H-1B ,
OFCCP ,
Political Debates ,
Subcontractors ,
Trump Administration ,
Unemployment Benefits ,
US-Mexico Border Wall ,
WARN Act
Quick Hit: The Office of Federal Contractor Compliance Programs (“OFCCP”) issued Directive 2019-03 (the “Directive”), which announces two steps the agency will take to enhance compliance assistance for contractors. OFCCP will...more
Quick Hit: Data released by OFCCP shows the agency obtained $16.4 million in monetary relief for roughly 12,000 class members in FY 2018. While that is a drop from the record year recovery of $23.9 million in FY 2017, it is...more