DE Talk | If It’s Not in Writing, It Never Happened: Applicant Tracking & Recordkeeping Strategies to Ensure OFCCP Compliance
Work This Way: A Labor & Employment Law Podcast - Episode 26: Compensation Compliance with Joan Moore and Mim Munzel of The Arbor Consulting Group
DE Under 3: Court Held That Workday Was an “Agent” to Employers Licensing its AI Applicant Screening Tools
DE Under 3: Retirement of “Chevron Doctrine” Exposed Vulnerability of OFCCP’s Overreaching Interpretations of Some of its Rules
DE Under 3: OFCCP Must Shut Down its Administrative Court Prosecutions as a Result of SCOTUS’ SEC Jury Trial Case Decision
DE Under 3: OFCCP’s New Revisions & Additions to its Construction Contractor Compliance Audit Tools
DE Under 3: OFCCP VEVRAA Guidance Clarifies Protected Veteran “Benchmark for hiring” is Not a Hard Number Quota
DE Under 3: OFCCP Changes Up Important Technical Details of its Audit Selection Process in First FY 2024 CSAL
DE Under 3: EEOC’s Settlement with the SSA is a Cautionary Tale for Private Sector Employers & Federal Government Contractors
DE Under 3: Contractors Have Second Opportunity to Comment on OFCCP’s Supply & Service Contractor Portal Information Collection
Work This Way: A Labor & Employment Law Podcast | Episode 17: Federal Contractor Fundamentals with Joan Moore and Mim Munzel of The Arbor Consulting Group, Part 2
DE Under 3: New OFCCP AI Guidance Misstates Adverse Impact Law Portending Much Coming Friction with Federal Contractors
Work This Way: A Labor & Employment Law Podcast | Episode 16: Federal Contractors with Joan Moore and Mim Munzel of The Arbor Consulting Group, Part 1
DE Under 3: An Explanation of the Current Federal Budget Bill Confusion
DE Under 3: Biden "Hits the Brakes" on Non-Defense Discretionary Budgets for Federal Agencies in FY 2025 Budget Proposal
DE Under 3: Big Budget Opponents Again Stop a Final Federal FY 2024 Budget, Congress Keeps Agency Spending to FY 2023 Levels
DE Under 3: OFCCP Resurrects Proposal for Monthly CC-257 Employment Utilization Reports for Construction Contractors
DE Under 3: FAR Council's Latest Proposed Rule & OFCCP's 10 New FAQs on Compensation History
DE Under 3: Conservative Activist Group Filed OFCCP Complaints, Alleging Major Airlines' DEI Programs Violated Federal Contracts
DE Under 3: FAR Council Submitted for OMB Approval Proposed Rule on “Pay Equity and Transparency in Federal Contracting”
The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee J. Chambers and Cynthia L. Hackerott. In today’s...more
The following is Part 3 of a 3-Part series reporting on the 26 presentations at the DirectEmployers (“DE”) Annual Meeting & Conference (DEAMcon24) of Members and the public. DE published the first installment on Monday,...more
Monday, March 11, 2024: Biden “Hits the Brakes” on Non-Defense Discretionary Budgets for Federal Agencies Joining Congress’ Historic Pivot Away from Both Bigger Federal Agencies and Bigger Social Programs - With the...more
US DOL Budget Will Remain at its Present Level Through March 22, 2024 - It has now become clear that neither Republicans nor Democrats have the stomach to shut the federal government agencies down, but neither does either...more
Wednesday, January 10, 2024: US DOL‘s WHD Published Its “Employee or Independent Contractor” Classification Final Rule - The U.S. Department of Labor’s (“DOL”) Wage and Hour Division (“WHD”) published its much anticipated...more
Seyfarth Synopsis: Many federal contractors and subcontractors treat their EEO-1 reports as confidential because they contain detailed demographic data and workforce information. A lawsuit brought by the Center for...more
Tuesday, December 5, 2023: JOLTS Report – Job Openings Decreased by 617k in September, Rate Decreased to 5.3% - Confirming that the U.S. jobs market is continuing to shrink (as the Federal Reserve hopes to help tame...more
Monday, October 30, 2023: President Biden’s Supersized Executive Order on AI Includes Directives for US DOL & Many Other Agencies - EO Contains 3 Sections with Specific Directives for US DOL - It’s “all hands-on deck”...more
Wednesday, October 25, 2023: Senate Confirmed Nomination of Jessica Looman to Head US DOL’s Wage and Hour Division - Senator Sullivan Only Republican Voting in Favor - By a 51-46 largely party-line vote, the U.S. Senate...more
Thursday, September 28, 2023: US DOL Launching “Comprehensive Review” of Subminimum Wage Program, Assistant Secretary for ODEP Announced - Assistant Secretary of Labor for the Office of Disability Employment Policy...more
Monday, September 18, 2023: Second USDOL WHD PUMP Act Enforcement Action Assessed Penalties Against Employer for Alleged Failure to Provide Pumping Privacy - The U.S. Department of Labor’s Wage and Hour Division (“WHD”)...more
Monday, August 28, 2023: U.S. NLRB “Clarified” 2019 Decision on Wright Line Evidentiary Burden in Dual Motives Causation Cases - Beginning a parade of four sets of major rulings in one week, the National Labor Relations...more
Monday, July 31, 2023: Part IV (Finale): Four Implications Impacting Federal Government Contractors & Employers Following the SCOTUS Decision in the Harvard & UNC Cases + “Life Preserver” Practical Next Step Suggestions - ...more
Monday, May 1, 2023: OFCCP Extended Enforcement Moratorium for Veterans’ Affairs Health Benefits Program Providers - Two-Year Moratorium Extension Will Last Until May 7, 2025 - OFCCP revised its Directive (DIR) 2021-01...more
Wednesday, April 5, 2023: OFCCP’s Controversial “Pre-Enforcement Notice & Conciliation Procedures” Final Rule Coming Soon: Ends Trump Era of Transparency - OMB Approval Means Publication Imminent - Clearing the way for...more
Friday, April 7, 2023: OLMS Submitted for OMB Review its Final Rule to Revise Union Persuader Reports to “Out” Federal Contractors - The U.S. Department of Labor’s Office of Labor-Management Standards (“OLMS”) submitted to...more
On March 31, the Office of Federal Contract Compliance Programs (OFCCP) rescinded a Trump Administration rule that provided a faith-based carve-out exempting federal contractors from compliance with certain...more
This action to order the publication in Final form of OFCCP’s highly controversial Religious Exemption Rule was either one of the most courageous political acts I have seen a President take in recent years or was one of the...more
Monday, February 27, 2023: NLRB Advice Memo: Workplace Discussions of Racism Are NLRA-Protected Concerted Activity (Even for Non-Unionized Employees) Tweets Discussing Case Also Protected - Workplace group discussions...more
The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment. Tuesday, October 11, 2022: USDOL Formally Proposes Six-Part Test to Determine Independent...more
The US Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently broadcasted a notice to federal contractors of its potential release of their EEO-1 reports. Contractors have until September 19,...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
Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more