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Ban on Salary History Inquiries to Expand to Federal Contractors

The emerging trend of laws banning inquiries into salary history and promoting pay transparency will soon expand to federal contractors.  On March 15, 2022, President Biden issued an Executive Order titled “Executive Order on...more

USDA Seeks to Revive “Blacklist” Rule Requiring Contractors to Certify Labor Violations

On February 17, 2022, the United States Department of Agriculture (USDA) published a Notice of Proposed Rulemaking updating USDA’s Agriculture Acquisition Regulation (AGAR), the agency’s counterpart to the Federal Acquisition...more

Mandatory Arbitration Agreements No Longer Enforceable in Sexual Harassment or Assault Cases

In a rare showing of bipartisanship, the Senate passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which allows employees or others to escape mandatory arbitration clauses in connection with any...more

Department of Labor Finalizes $15 Minimum Wage for Employees of Federal Contractors

On November 16, 2021, the Department of Labor published a Final Rule implementing Executive Order 14026 and raising the federal contractor minimum wage to $15 per hour under most federal government contracts entered into...more

D.C. Enacts Paid COVID-19 Vaccine Leave and Extends Public Health Emergency Leave Under DC FMLA

On November 18, 2021, District of Columbia Mayor Muriel Bowser signed the “COVID Vaccination Leave Emergency Amendment Act of 2021” (the “Act”). The Act applies to nearly all private employers with employees in the District....more

OFCCP May Use EEO-1 Data Reported By Employers in Support of Enforcement Efforts

On September 1, 2021, the Office of Federal Contract Compliance Programs (OFCCP) announced that it would “evaluate” using compensation data reported by federal contractors in annual EEO-1 filings to guide its enforcement...more

Department of Labor Issues Proposed Regulations for Contractor Minimum Wage Increase

On July 21, 2021, the Department of Labor issued a Notice of Proposed Rulemaking to implement President Biden’s Executive Order 14026 increasing the minimum wage for certain employees of federal government contractors and...more

Executive Order Increases the Minimum Wage for Federal Contractors to $15

On April 27, 2021, President Biden signed Executive Order 14026, which increases the minimum wage for workers on or in connection with a federal government contract to $15.00 as of January 30, 2022....more

Biden OFCCP Director Appointment Signals That More Pay Equity Enforcement is on the Horizon for Federal Contractors

The new Biden administration wasted no time implementing changes at the Office of Federal Contract Compliance Programs (OFCCP).  On January 20, 2021, the day of President Biden’s inauguration, the administration moved...more

District of Columbia Bans the Enforcement of New Non-Compete Agreements

On December 15, 2020, the District of Columbia Council unanimously passed the Ban on Non-Compete Agreements Amendment Act of 2020, under which the District of Columbia joins California and a small handful of jurisdictions...more

Department of Labor Announces Annual Increase to Minimum Wage for Federal Contractors

On August 31, 2020, the Department of Labor’s Wage and Hour Division published its annual update to the minimum wage for federal government contractors.  As of January 1, 2021, employees performing services on or in...more

Virginia Increases its Minimum Wage and Creates New Wage and Hour Claims

Is Virginia the new California?  That may be an exaggeration, but in April 2020 the Commonwealth took major steps away from its historically pro-employer climate to provide employees and independent contractors with new...more

California Bill AB5 Will Rewrite the Rules for Independent Contractors

On September 10, 2019, the California Senate passed AB5, a sweeping bill to control the use of independent contractors in the nation’s largest state.  With the California Assembly concurring in the Senate’s amendments to the...more

OFCCP Proposes Rule to Clarify Religious Exemption

On August 15, 2019, the Office of Federal Compliance Contract Programs (OFCCP) proposed a new rule broadening the religious exemption that applies to its equal employment opportunity regulations. ...more

Southern District of New York: New York’s Prohibition on Mandatory Arbitration of Sexual Harassment Claims Preempted by Federal...

On July 11, 2018, New York State enacted a sweeping new law aimed at combatting sexual harassment in the employment context.  A year later, on July 22, 2019, the U.S. District Court for the Southern District of New York ruled...more

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