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 University of Utah and a non-profit organization named "As You Sow" have issued FOIA requests to the Office of Federal Contract Compliance Programs (“OFCCP”) for the 2021 Type 2 Consolidated EEO-1 Reports filed by federal...more
As previously reported, in late December 2023, the Northern District of California ordered OFCCP to release the EEO-1 reports of federal contractors it had previously withheld from production based on various exemptions under...more
Executive Summary: On December 22, 2023, a federal court in California ordered the OFCCP to release the EEO-1 reports of federal contractors who had filed an objection to the agency’s release of their EEO-1 data in response...more
Last August OFCCP published a notice in the Federal Register advising employers that in response to a Freedom of Information Act (FOIA) request, the agency was planning to produce confidential information that is ordinarily...more
Pay equity and transparency have become a focal point for lawmakers, regulators, shareholders, employees, and the public. Employers are increasingly challenged with trying to navigate the growing patchwork of pay equity and...more
On February 14, 2023, OFCCP announced that it was again extending the deadline for employers to file objections to the disclosure of their EEO-1 data in response to a FOIA request from the Center for Investigative Reporting....more
OFCCP issued yet another notice today regarding its handling of a FOIA request for production of all federal contractors’ EEO-1 Type 2 data from 2016 through 2020. The request keeps in place a February 17, 2023, deadline...more
On August 19, OFCCP published a Notice in the Federal Register alerting federal contractors that it received a Freedom of Information Act (FOIA) request from the Center for Investigative Reporting (CIR) seeking all federal...more
As an update to our October 12, 2022 post regarding the deadline for federal contractors and first-tier subcontractors to object to disclosure of their Type 2 Consolidated EEO-1 reports from 2016 to 2020, the Office of...more
In 2019, the Office of Federal Contract Compliance Programs (OFCCP) received an unprecedented Freedom of Information Act (FOIA) request from an investigative reporter (which was later amended), requesting Type 2 Consolidated...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
Yesterday OFCCP announced that it is extending the deadline to respond to and submit objections pursuant to its August 19, 2022, Notice in the Federal Register regarding a Freedom of Information Act (“FOIA”) request from Will...more
As outlined in our August 22 Insight, OFCCP announced an intention to produce federal contractors’ Type 2 EEO-1 data in response to a FOIA request from the Center for Investigative Reporting (CIR). Employers were given until...more
Federal contractors should be aware of a recent development that could result in the public disclosure of their EEO-1 information. The EEO-1 Component 1 report is a mandatory annual data collection requiring all federal...more
Any employer required to collect EEO-1 workforce demographic data should be thinking about the issue of whether to publicly disclose that data, and consider what might happen to it once it’s disclosed....more
In March 2022, we reported on a controversial directive issued by the Office of Federal Contract Compliance Programs (OFCCP) that appeared to assert, for the first time, that federal contractors and subcontractors are...more
On March 15, 2022, the U.S. Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) issued a new directive addressing pay equity audits. The new Directive 2022-01 sets forth what OFCCP views as its...more
The Office of Federal Contract Compliance Programs’ (OFCCP) new Directive 2022-01, concerning federal contractors’ “obligation to conduct in-depth compensation analysis,” raises issues that will take time to sort out....more
Beware the Ides of March, as they say. On March 15, 2022, the Office of Federal Contract Compliance Programs (OFCCP) released Directive 2022-01, which, according to the agency, aims to clarify OFCCP’s perceived authority to...more
The demand for employers to assess the fairness of their compensation practices with respect to workers of different genders, races, and ethnicities has never been greater. While the Equal Employment Opportunity Commission...more
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
OFCCP announced on September 1, 2021 that it plans to rescind a November 2019 notice regarding EEO-1 Component 2 data. EEO-1 Component 2 data was required to be submitted in 2019, and consists of aggregated employee wage and...more
On September 1, 2021, the Office of Federal Contract Compliance Programs (OFCCP), the Department of Labor sub-agency charged with enforcing affirmative action and non-discrimination requirements imposed on federal contractors...more
During the first seven months of the Biden Administration, there have been several developments in the area of federal contractor affirmative action. As most contractors know, three federal contractor affirmative action...more
The push for pay equity has moved beyond prohibiting pay discrimination and into requiring employers encourage pay transparency for applicants and employees. At the federal level, the National Labor Relations Act can...more