On October 30, 2024, Judge Sim Lake of the U.S. District Court for the Southern District of Texas issued a preliminary injunction, halting the Office of Federal Contract Compliance Programs (“OFCCP”) from proceeding with its administrative action against ABM Industry Groups.
On October 29, 2024, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published a Freedom of Information Act (FOIA) notice, inviting federal contractors to respond to FOIA requests that the OFCCP received related to federal contractors’ 2021 Type 2 EEO-1 Consolidated Reports.
The Supreme Court’s recent opinion in Securities and Exchange Commission v. Jarkesy (“Jarkesy”) was predicted to spur a wave of litigation challenging the constitutionality of various administrative agency’s civil enforcement powers. In our previous article, we noted that the Office of Federal Contract Compliance Programs (“OFCCP”) may be an agency that faces such a challenge. A complaint filed in the Southern District of Texas by ABM Industry Groups (“ABM”) does just that.
On July 26, 2024, the Office of Federal Contract Compliance Programs (“OFCCP”) released directive 2024-01 , which outlines updated procedures for expedited pre-enforcement conciliation. The directive provides guidance consistent with the OFCCP’s final rule titled Pre-Enforcement Notice and Conciliation Procedures which went into effect in September of 2023 (You can read our previous article regarding this final rule here).
As financial institutions consider their ever-growing list of compliance obligations, they would be remiss in not evaluating their employment-related obligations as a federal contractor.
On June 27, 2024, the Supreme Court released its opinion in Securities and Exchange Commission v. Jarkesy, which weakens the enforcement power of administrative agencies to adjudicate certain matters within the agency itself.
On May 24, 2024, the Federal Acquisition Regulatory Council (FAR Council) issued a notice and request for comments regarding a proposed information collection for federal contractors—FAR 52.204-10(d)(2) for first-tier subcontract information and FAR 52.204-10(d)(3) for executive compensation of first-tier subcontractors. The proposed rule notes this type of collection was previously approved, and there is now a renewed focus.
The start of spring has brought with it important deadlines and announcements from the EEOC, OFCCP, and the OMB regarding the reporting of employee demographic data to the federal government.
As announced by the Equal Employment Opportunity Commission (EEOC) earlier this year, the 2023 EEO-1 data collection process will open on April 30, 2024 with a deadline to file by Tuesday, June 4, 2024. Private employers with at least 100 employees and federal contractors with at least 50 employees can begin to report their data as of April 30, 2024 in order to meet the deadline.
On December 23, 2023, a federal District Court in California issued an order compelling the OFCCP to produce formerly-withheld EEO-1 reports to a news organization who submitted Freedom of Information Act (FOIA) requests for the reports. This order is significant because it compels the OFCCP to produce the EEO-1 reports for all federal contractors between 2016 and 2020. The plaintiff news organization submitted four FOIA requests to the OFCCP between 2019 and 2022 requesting all EEO-1 reports submitted by all federal contractors from 2016 through 2020. OFCCP published a notice in the Federal Register informing all contractors of the requests and an opportunity to object. OFCCP released all EEO-1 reports from all non-objecting contractors. The instant litigation relates to the EEO-1 reports of the objecting contractors.
On October 30, 2023, President Biden issued a wide-ranging Executive Order to address the development of artificial intelligence (“AI”) in the U.S. Entitled the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, the Order seeks to address both the “myriad benefits” as well as what it calls the “substantial risks” that AI poses to the country. It caps off a busy year for the Executive Branch in the AI space. In February the Equal Employment Opportunity Commission published its Strategic Enforcement Plan highlighting AI ...
On August 25, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced an updated Scheduling Letter and Itemized Listing that places a more onerous information disclosure burden on federal contractors in responding to a Supply and Service compliance audit. In particular the updated Scheduling Letter, OMB No. 1250-0003, now requires federal contractors to produce more documentation for a variety of Items and increases both the scope and breadth of requested compensation data.
The Office of Federal Contract Compliance Programs (OFCCP) recently published a final rule titled “Pre-enforcement Notice and Conciliation Procedures.” This rule rescinds the evidentiary standards from the 2020 rule titled “Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures to Resolve Potential Employment Discrimination,” which required specific pre-determination notice requirements and certain evidentiary standards. In a blog post, the OFCCP explains that the “new final rule restores flexibility to OFCCP’s pre-enforcement and conciliation procedures, promotes efficiency in resolving cases, strengthens enforcement and promotes alignment of the standards of Title VII of the Civil Rights Act of 1964.”
Federal contractors have had a flurry of headlines to keep up with over the last few months. Most prominent among them is the Federal Acquisition Regulatory Council’s interim rule barring federal agencies and contractors from using TikTok or any other ByteDance product (the “Covered Applications”).
As employers know, the federal government’s New Year’s resolutions often do not make employers’ lives easier. The following are recent developments of which employers should be aware.
The Office of Federal Contract Compliance Programs (“OFCCP”), an agency within the Department of Labor, has recently announced two significant changes that will impact covered contractors and subcontractors in the coming months.
Since 2014, OFCCP-covered employers have been required to invite job applicants, pre-offer, to disclose their disability status via a form prescribed by the OFCCP. The information thus obtained helps employers analyze (1) the efficacy of their diversity recruiting efforts and (2) hiring rates of persons with disabilities.
This week, the Agency unveiled a modified format for that invitation. OFCCP hopes the revised form will increase the response rate for applicants and employees, who are often reluctant to disclose disabilities. The form incorporates some changes requested by employers, and reduces the invitation to a single page.
The Federal government has entered its 12th day of partial shutdown, making it the fourth longest in American history to date. But, not all government departments are affected, and the Department of Labor is one that is not. The DOL is already fully funded for 2019, so the current stalemate between Congress and the President does not affect its resources.
The OFCCP vowed things would change after President Trump’s election. It is making good on that promise. The Agency issued three new Directives in the last two weeks, following four others earlier this year. One of these Directives was long-awaited new guidance on pay analyses, replacing Directive 307. And, the OFCCP has a new Acting Director, Craig Leen (see our earlier post for the exciting news about the immediate-past Director, Ondray Harris, joining our firm).
The good news for contractors is that the OFCCP’s actions are almost all pro-business, aimed at making the Agency more transparent, objective, and efficient.
Hunton Andrews Kurth LLP is pleased to announce Ondray T. Harris, former director of the US Department of Labor’s Office of Federal Contract Compliance Programs, has joined the firm’s national labor and employment practice as special counsel in Washington.
At the OFCCP, Harris led the agency responsible for ensuring that federal government contractors and subcontractors achieve and maintain compliance with non-discrimination requirements. Previously, he led the Department of Labor’s initiative to assist private industries and states with creating apprenticeship programs and directed the operations of its Employment and Training Administration.
Federal contractors have been closely following leadership changes at the Office of Federal Contract Compliance Programs (OFCCP). Most notably, President Trump appointed Ondray T. Harris as OFCCP Director, and Craig Leen as Senior Advisor to the OFCCP. Both men have backgrounds in management-side private law practice. This has contractors hopeful they may bring fresh eyes and a more pragmatic approach to the OFCCP.
On May 23, 2017, the Department of Labor released its budget proposal for fiscal year 2018 (FY 2018). The budget contains several cost-cutting measures that reflect the new priorities of the Trump administration.
A notable aspect of the proposed budget is a request to merge the EEOC and OFCCP. The proposal aims for “full integration” of the two agencies by the end of FY 2018. To begin that transition, the proposal suggests sizable drops in the OFCCP’s current funding and staffing. The OFCCP’s budget is proposed to drop from $105,275,000 to $88,000,000 (a reduction of $17.3 million). The headcount is proposed to drop nearly 25%, from 571 full-time equivalent (FTE) employees to 440.
The OFCCP’s increasingly aggressive enforcement scheme continues to present challenges for federal contractors and subcontractors. Please join The OFCCP Institute for a comprehensive two-day seminar featuring several distinguished speakers, including Chai Feldblum of the EEOC, Consuelo Pinto of the DOL’s Division of Civil Rights, and OFCCP and employment attorney, Christy Kiely.
Date: Wed, November 9th - Thurs, November 10th, 2016
Early Bird Discount ends September 29th
Join us on Wednesday, October 5, 2016, from 1:00 p.m. – 2:30 p.m. ET, for a practical breakdown of President Obama’s “Fair Pay and Safe Workplaces” Executive Order (13673), issued in 2014.
President Obama’s “Fair Pay and Safe Workplaces” Executive Order (13673), issued in 2014, at last is going into effect. The Order requires federal contractors and subcontractors to report a three-year history of violations of fourteen different labor and employment laws, to the government as part of the procurement process. The government can deny a federal contract to a contractor with a sufficiently negative compliance record.
The first wave of reporting, for prime contractors, is due on October 25, 2016.
Since President Lyndon B. Johnson signed Executive Order 11246 in 1965, the Office of Federal Contract Compliance Programs (OFCCP) has been charged with ensuring nondiscrimination and affirmative action for females in employment. In 1970, regulations were issued to further this goal, known as the Sex Discrimination Guidelines, codified at 41 CFR Part 60-20.
Those guidelines have not been substantially updated in the 46 years since. Until now, that is. The DOL acknowledges the Guidelines have become “out of touch with current law and with the realities of today’s workforce and workplaces.” See: OFCCP Fact Sheet on Sex Discrimination Final Rule. So, the OFCCP is bringing the Guidelines “from the ‘Mad Men’ era’ to the modern era.’”
This webinar will discuss President Obama’s Executive Order on federal contractor blacklisting and its potential impact on government contractors. A final regulation is on the horizon, and this program will tell you what you need to know NOW to be prepared.
Thursday, February 18, 2016
1:00 p.m. – 2:00 p.m. ET
Register Here
The Department of Labor is increasingly focused on identifying and pursuing claims of systemic discrimination, both in EEOC charge investigations and OFCCP audits. In this type of claim, the government challenges a policy or practice that (allegedly) disadvantages an entire group of protected employees. These claims are dangerous for employers because they can cover hundreds of work locations and thousands of employees. Employers often unwittingly set themselves up for these claims, by failing to recognize the implications of a seemingly routine information request.
This ...
President Obama signed an Executive Order on Monday, September 7, requiring federal contractors to provide paid sick leave to their employees, effective January 1, 2017. The Order requires federal contractors and their subcontractors to let employees earn at least one hour of paid sick leave for every 30 hours worked, up to 56 hours, or 7 days, of leave.
More and more employers are faced with the following question -- can a transgender employee use the restroom associated with his or her gender identity? According to federal governmental agencies, the answer seems to be yes.
Recent guidelines have been issued by the Department of Labor in connection with President Obama’s “Fair Pay and Safe Workplaces” Executive Order 13673. Interested parties will have until July 27, 2015 to submit written comments to the Regulatory Secretariat for consideration before the proposals are finalized.
The Department of Labor has announced the release of a Final Rule implementing Executive Order 13672, which prohibits discrimination based on sexual orientation and gender identity by federal contractors and subcontractors. Executive Order 13672, signed by President Obama on July 21, 2014, amended Executive Order 11246 by adding sexual orientation and gender identity to the protected categories provided in the latter EO. The Final Rule will be effective 120 days after the date of its official publication in the Federal Register and will apply to government contracts entered into or modified after the effective date.
Federal contractors and subcontractors were just required to file their 2013 VETS-100 and VETS-100A Reports by September 30th. Going forward, those forms are being replaced by a new form – the VETS-4212 Report. The Veterans’ Employment and Training Service (VETS) has published a Final Rule that implements the changes.
This week the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) received approval from the Office of Management and Budget (OMB) for a revised Scheduling Letter and Itemized Listing (a.k.a, a “notice of audit”) for Service and Supply covered contractors.
Federal contractors and subcontractors may soon be prohibited by the OFCCP from having polices that prohibit employees from talking about their pay and from discriminating against those who do. On September 17, the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) published a notice of proposed rule-making (NPRM) concerning pay secrecy policies. The proposed rule, which applies to federal contractors and subcontractors, prohibits pay secrecy policies and bars companies from discriminating against job applicants and all levels of employees who ask about, disclose, or discuss compensation-related information. This will not be a surprise to those who follow the rulings under the National Labor Relations Act (NLRA), which provides similar protections.
The proposed rule will likely increase the cost of defending against equal pay cases for all employers, not just government contractors and subcontractors.
First appeared in the September 23, 2014, edition of InsideCounsel
The OFCCP (Office of Federal Contract Compliance Programs), an agency in the Department of Labor, continues its focus on “steering” claims during audits of federal contractors. “Steering” claims examine whether women or minorities are discriminatorily assigned to less desirable jobs — typically those with lower pay, less prestige, and/or fewer opportunities for advancement. Steering claims are a hot topic of late for the federal contractor community. Central Parking Systems of Louisiana Inc. is the latest to pay out a six-figure settlement in this area.
Executive Order 13672 went into effect on July 21, 2014 and amended Executive Order 11246 by adding sexual orientation and gender identity to the list of protected classes. Executive Order 13672, however, applies only to contracts entered on or after July 21, 2014. The Office of Federal Contract Compliance Programs (OFCCP) has now issued Directive 2014-02, which interprets the prohibition against sex discrimination in Executive Order 11246 to include discrimination on the basis of gender identity and transgender status. This means that contractors and subcontractors with contracts that predate July 21 can still be held liable for discrimination on the basis of gender identity and transgender status.
In response to a presidential memorandum directing the Department of Labor (“DOL”) to collect summary compensation data from federal contractors and subcontractors to combat pay discrimination, the DOL’s Office of Federal Contract Compliance Programs (“OFCCP”) recently proposed a rule calling on certain federal contractors to submit reports on employee compensation. The rule, published in the Federal Register on August 8, requires covered contractors to annually submit an “Equal Pay Report.” Covered federal contractors and subcontractors are those who:
- File EEO-1 reports;
- Have more than 100 employees; and
- Hold federal contracts or subcontracts worth $50,000 or more for at least 30 days.
On July 21, President Obama signed an Executive Order adding sexual orientation and gender identity to the list of protected categories included in Executive Order 11246, originally issued by President Johnson in 1965. E.O. 11246 now prohibits federal contractors from discriminating against employees or applicants for employment on the basis of race, color, religion, sex, national origin, sexual orientation or gender identity.
On February 12, 2014, President Obama announced Executive Order 13658, “Establishing a Minimum Wage for Contractors.” The order seeks to raise the hourly minimum wage paid to workers performing services on covered Federal contracts to: (i) $10.10 per hour, beginning January 1, 2015; and (ii) beginning January 1, 2016, and annually thereafter, an amount determined by the Secretary of Labor in accordance with the Order.
You're Invited: Pay Equity Under The Obama Administration
Pay equity for women and minorities has been a priority throughout President Obama’s administration. President Obama has wielded his Executive power with increasing frequency in 2014. President Obama recently issued an Executive Order and a Presidential Memorandum that target the pay practices of federal contractors. Both actions are designed to increase transparency in employee compensation. They may have significant consequences for covered employers.
On April 8, 2014, in recognition of National Equal Pay Day, President Obama continued to advance his wage equality agenda by focusing on wage transparency through Executive Order on Non-Retaliation for Disclosure of Compensation Information (“Executive Order”) and a Presidential Memorandum entitled "Advancing Pay Equality Through Compensation Data Collection" (“Presidential Memorandum”).
The Department of Labor’s Veterans’ Employment Training Service recently issued a proposed Rule that would change the current annual VETS-100 and VETS-100A reporting requirements. There are several significant changes proposed by the DOL which, in a change from other regulatory developments, would actually decrease work for covered employers.
The Office of Federal Contract Compliance Programs (OFCCP) performs compliance audits reviewing numerous federal contractors’ affirmative action plans and practices on a yearly basis. A number of organizations are reporting that the OFCCP will be sending out courtesy letters (known as corporate scheduling announcement letters, or “CSAL”) notifying employers that they have been selected for such an audit as early as next week. With the changing landscape of the OFCCP’s affirmative action plan requirements and regulations, it is important that employers be on the lookout for such letters and begin preparations for the audit as soon as possible.
The government shutdown may have ended six weeks ago, but its impact may be felt for months to come. The Office of Management and Budget recently released a report entitled “Impacts and Costs of the October 2013 Federal Government Shutdown,” which details the costs of the government shutdown and the impact it had on government workers, which in turn impacts the private sector workplace as well.
Federal employees awoke Tuesday morning to discover that the government had shut down for the first time in 17 years after Congress failed to agree on a new budget or extend the current one in a session that went past midnight on Monday. As a result, more than 800,000 workers across the country have been immediately furloughed, while approximately a million more will report to work without pay to perform operations that have been designated as essential. The Department of Labor and related agencies, including the National Labor Relations Board and Equal Employment Opportunity Commission, will maintain only a skeletal staff during the shutdown to perform tasks “involving the safety of human life or protection of property.” These offices will continue to accept and docket administrative filings, but all other activities will be suspended until a budget or continuing resolution is passed by Congress. As such, employers will enjoy a brief respite from the pressure of government investigations and inspections.
On September 24, 2013, the Office of Federal Contract Compliance Programs (OFCCP) published two rules that impose new affirmative action obligations toward veterans and individuals with disabilities. These rules, issued under VEVRAA (Vietnam Era Veterans Readjustment Assistance Act) and Section 503 of the Rehabilitation Act, create significant new burdens for covered federal contractors and subcontractors.
On September 24, 2013, the Office of Federal Contract Compliance Programs (OFCCP) published two rules that impose new affirmative action obligations for veterans and individuals with disabilities. These rules, issued under VEVRAA (Vietnam Era Veterans’ Readjustment Assistance Act) and Section 503 of the Rehabilitation Act, create significant new burdens for covered federal contractors and subcontractors.
The Office of Federal Contract Compliance Programs (“OFCCP”) has a long history of attempting to assert jurisdiction over hospitals. A recent federal court ruling confirms that, despite some recent victories for hospital employers in this area, hospitals may indeed find themselves subject to OFCCP jurisdiction.
The U.S. District Court for the District of Columbia recently ruled in UPMC Braddock v. Harris, D.D.C. No. 09-01210 (2013), that three Pittsburgh hospitals are covered federal government “subcontractors” because they contracted with an HMO to provide medical services to Federal employees and their beneficiaries. The court found the hospitals’ provision of medical services was “necessary” to the HMO’s contract with the Office of Personnel Management (“OPM”).
Effective February 28, 2013, the Office of Federal Contract Compliance Programs (“OFCCP” or “Office”) has rescinded two guidance documents implemented during the Bush administration that outlined methods for investigating and evaluating pay discrimination claims against federal contractors and replaced them with new guidelines emphasizing a case-by-case approach that provides investigators with authority to conduct more thorough investigations and identify a broader range of compensation-related discrimination. The first document, Interpreting Nondiscrimination Requirements of Executive Order 11246 With Respect to Systemic Compensation Discrimination (“Compensation Standards”), set forth the procedures OFCCP followed when issuing a notice of violation for pay discrimination; and the second document, Voluntary Guidelines for Self-Evaluation of Compensation Practices for Compliance with Nondiscrimination Requirements of Executive Order 11246 (“Voluntary Guidelines”), contained directions that federal contractors themselves could follow to preemptively show compliance with their obligation to evaluate their internal pay practices for fairness.
The Administrative Review Board (“ARB”) has issued its decision in OFCCP v. Florida Hospital of Orlando, ruling that Florida Hospital is not a federal subcontractor and therefore not subject to the jurisdiction of the Office of Federal Contract Compliance Programs (“OFCCP”). The OFCCP is a federal agency that enforces equal employment opportunity and affirmative action laws. Entities subject to its jurisdiction have numerous affirmative action obligations. The ARB’s decision addresses whether the OFCCP can establish jurisdiction over hospitals and other health care entities based solely on their contracts to provide medical services for beneficiaries of TRICARE.
On February 28, 2012, the Equal Employment Opportunity Commission (“EEOC”) issued additional guidance to wounded veterans and to employers under the ADA Amendments Act of 2008. The two publications are revised versions of guides that originally were posted by the EEOC in February 2008. This guidance reflects another move by federal agencies to address the employment of disabled persons. Last December, we reported that the OFCCP issued a Notice of Proposed Rulemaking that would, among other things, establish a national utilization goal for individuals with disabilities. There is certainly more than one indication from the federal government that employers will likely continue to face heightened responsibilities concerning the employment of disabled individuals.
The Office of Federal Contract Compliance Programs (OFCCP) budget request for next year reflects its intent to increase aggressive enforcement. The OFCCP, part of the U.S. Department of Labor, is the agency charged with enforcing the affirmative action obligations of federal contractors and subcontractors. Approximately 25% of the American workforce is employed by federal contractors and subcontractors, whose federal contracts total more than $700 billion annually. The OFCCP’s proposed budget for FY 2013 is now available online.
On December 8, 2011 the Office of Federal Contract Compliance Programs (the “OFCCP”) published a Notice of Proposed Rulemaking in the Federal Register that would revise the regulations implementing Section 503 of the Rehabilitation Act of 1973, including setting hiring goals for individuals with disabilities.
Federal contractors have numerous non-discrimination and affirmative action obligations under Executive Order 11246, the Vietnam Era Veterans' Readjustment Assistance Act ("VEVRAA") and the Rehabilitation Act, including the preparation of annual written affirmative action plans. These obligations are enforced by the Department of Labor's Office of Federal Contract Compliance Programs ("OFCCP"), which is currently headed by Patricia A. Shiu. Since Shiu was appointed director in August of 2009, the OFCCP has been extremely active, increasing contractors' affirmative ...
The Veterans’ Employment and Training Service (VETS) of the Department of Labor (DOL) just posted a “Special Announcement” delaying the 2011 VETS-100/100A Filing Cycle.
Typically, covered employers are required to submit the VETS-100 and VETS-100A Reports annually by September 30. The forms identify the number of protected veteran employees and new hires in the workforce. This year, the Department had announced a plan to accept electronic submissions of the reports effective August 1, 2011. Unfortunately, technical problems have interfered with the electronic filing. Contractors presently cannot register or file for the 2011 cycle.
By proposing to amend its Scheduling Letter and Itemized Listing, the Office of Federal Contract Compliance Programs (“OFCCP”) is at it again, imposing greater burdens on federal contractors. Following its recent proposal to strengthen contractors’ affirmative action efforts for veterans, the OFCCP has now issued a proposal to modify its Scheduling Letter and Itemized Listing used in compliance reviews and compliance checks. On May 12, 2011, the OFCCP published Notice in the Federal Registry requesting comments on its proposed changes. The current Scheduling Letter and Itemized Listing are set to expire on September 30, 2011. Comments on the proposed changes must be submitted by July 11, 2011.
The Office of Federal Contract Compliance Programs (“OFCCP”) has issued a proposed rule to strengthen the current regulations that require federal contractors and subcontractors to engage in affirmative action efforts for veterans. The proposed rule was published in the Federal Register on April 26, 2011. Fed. Reg. 23,358 (Apr. 26, 2011). Public comments regarding the rule are due by June 27, 2011.
The OFCCP’s proposed rule would revise the regulations that implement the Vietnam Era Veterans’ Readjustment Assistant Act (“VEVRAA”), 41 CFR Parts 60-250 and 60-300, which have generally remained unchanged since 1976. VEVRAA, its amendments and regulations prohibit contractors from discriminating against protected veterans and additionally require contractors to take affirmative action to recruit, employ, and advance the employment of protected veterans. VEVRAA also requires certain contractors to maintain a written Affirmative Action Plan.
In recent months the federal government has announced a number of initiatives designed to increase the employment of individuals with disabilities in both the private and government sectors. These measures send a clear message to employers: audit your practices now to ensure adequate outreach and accessibility to the disabled.
The OFCCP is a federal agency that enforces equal employment opportunity and affirmative action laws. Entities that fall under the jurisdiction of the OFCCP have numerous affirmative action obligations if they have contracts or subcontracts with executive branch agencies. A Labor Department Administrative Law Judge (“ALJ”) recently issued a decision that could expand the reach of the OFCCP to include hospitals and other health care entities which provide medical services for beneficiaries of TRICARE. See OFCCP v. Florida Hospital of Orlando, DOL OALJ No. 2009-OFC-00002 (October 18, 2010). Florida Hospital has appealed the ALJ’s ruling. If the ruling stands, numerous health care providers will be subject to the OFCCP’s jurisdiction.
The ruling is especially notable considering that there has been an increase in funding of the OFCCP and an increase in hiring of OFCCP compliance officers. With this in mind, hospitals and health care providers should review their contractual obligations to determine whether they are federal contractors or subcontractors. Entities that are federal contractors and subcontractors must comply with numerous obligations including filing EEO-1 and Vets 100/100A reports, ensuring nondiscrimination in employment, posting certain notices, establishing affirmative action programs and conducting adverse impact analyses for hires, promotions and terminations.
The Secretary of Labor has finalized implementing regulations under Executive Order 13496, which requires federal contractors and subcontractors covered by the National Labor Relations Act (NLRA) to post a new notice advising employees of their rights under the Act. Note that most employers in the private sector are covered by the NLRA; the Order is not limited to companies with union activity or representation.
The regulations are codified at Title 29, Part 471 of the Code of Federal Regulations. The Department of Labor (DOL) also provides a helpful fact sheet about the new requirement.
The Office of Federal Contract Compliance Programs (OFCCP), recently signaled that it may conduct more evaluations of multi-facility employers. Its recently revised standard Corporate Scheduling Announcement Letter (CSAL) describes new and different practices that will accompany compliance audits of federal contractors.
In August 2009, the Obama administration named Patricia A. Shiu the new Director of the Office of Federal Contract Compliance Programs (OFCCP). The OFCCP, part of the Department of Labor (DOL), enforces the non-discrimination and affirmative action obligations of federal contractors under Executive Order 11246, the Vietnam Era Veterans’ Readjustment Assistance Act, and the Rehabilitation Act.
Search
Recent Posts
Categories
Tags
- #MeToo
- 1094-C
- 1095-C
- 2017 Tax Act
- 2018 Budget
- 29 C.F.R. § 785.48
- 3rd Circuit
- 40 & Under Hot List
- 40 Under 40
- 408(b)(2)
- 4th Circuit Court of Appeals
- 5th Circuit
- 80/20
- 9th Circuit
- 9th Circuit Court of Appeals
- A Day Without A Woman
- AAP
- AB 1506
- AB 1522
- AB 1897
- AB 2257
- AB 2751
- AB 2770
- AB 304
- AB 465
- AB 5
- AB 51
- AB 685
- AB 84
- AB51
- Abbott
- ABC Test
- Abruzzo
- Absolute Healthcare
- ACA
- Accessibility
- Accommodation
- Accommodations
- ADA
- ADAAA
- Adam Rosser
- ADEA
- Administrative Agencies
- Administrative Exhaustion
- Administrative Law Judge
- Adverse Action
- Advice
- Advice Exception
- Affirmative Action
- Affordable Care Act
- AFL-CIO
- Age Discrimination
- Agency
- Agency Developments
- Agency Fees
- Agency Relationship
- Agency Updates
- Agreement
- AI
- Air Quality Index
- airline worker
- Alan Marcuis
- Alcohol Policy
- Alcoholism
- ALJ
- ALJ Bench Book
- Alternative to Termination
- Alvarado v. Cajun Operating Company
- Alyson Brown
- Amber Rogers
- Ambush Election
- Ambush Elections
- American Health Care Act
- American Lawyer
- American Steel
- American Taxpayer Relief Act of 2012
- Americans for Financial Reform
- Americans with Disabilities Act
- Amicus Brief
- Andy Stern
- Anna Burger
- Anna L. Rothschild
- Anti-Discrimination
- Anti-Harassment
- Anti-Harassment Training
- Anti-Poaching Agreements
- Antitrust
- APA
- Appeal
- Apprentice
- Apprenticeship Programs
- AQI
- Arbitral Deferal Standards
- Arbitration
- Arbitration Agreements
- Arbitration; Class Actions; Sexual Harassment; Employment; Retaliation
- ARRA
- Article III
- Article III Standing
- Artificial Intelligence
- Assembly Bill 51
- Assurances
- AT&T Mobility v. Concepcion
- Attorney-Client Privilege
- Audit CAP
- Awards
- Back to Work Emergency Ordinance
- Background Check
- Background Checks
- Backpay
- Ballots
- Ban The Box
- Bank Executives
- Banking
- Bankruptcy
- Banner Health Systems
- Bannering
- Bargaining Process
- Bargaining Unit
- Bargaining Units
- Bay Area Commuter Benefits Program
- Baylor
- Bellus Academy
- Benchmark Litigation
- Benefit Plans
- bereavement
- Biden Administration
- Biden Board
- Biden NLRB
- Biden Presidency
- Biden-rule
- Bill Halter
- Biometric Data
- Biometric Information
- Biometric Screening
- Biometrics
- BIPA
- Bitcoin
- Blacklisting
- Blanche Lincoln
- Blanket L-1
- Bloomberg Law
- Bob Quackenboss
- Boeing
- Bone Marrow Donor
- Bonus Plan
- Bostock
- Boston Business Journal
- Bowman
- Braille
- Breach of Fiduciary Duty
- Break Time
- Breaks
- Brett Burns
- Brian Hayes
- Bright v. 99 Cents Only Store
- Brinker
- Broken Laws, Unprotected Workers
- Brooke Hollmann
- Browning-Ferris
- Budde v. Kane County Preserve
- Budtender
- Burns Successor
- Business Closure
- Business Continuity
- Business Interruption Coverage
- business necessity
- Business Suspension
- Buy-Sell Agreements
- CACI
- CADA
- Cadillac Tax
- Caesars
- CAFA
- Cafeteria Plan
- Cal-OSHA
- Cal/OSHA
- California
- California Civil Rights Department
- California Department of Public Health
- California Developments
- California Employers
- California Employment Law
- California Employment Laws
- California Face Covering Guidance
- California Fair Pay Act
- California Kin Care Laws
- California Labor Code
- California Labor Code section 432.3
- California Law
- California Leave
- California Legislation
- California Non-Compete Agreements
- California Occupational Safety and Health Standards Board
- California Supreme Court
- California Supreme Courts
- California Transparency in Supply Chain Act
- California Wages
- California Wildfires
- California Worker Adjustment and Retraining Notification Act
- Call to Action on Jobs
- CalOSHA
- Cannabis
- Cannabis Laws
- Cannabis Oil
- Card Check
- Card Checks
- CARES Act
- Cats Paw
- CBA
- CBD Laws
- CCP Section 998
- CCPA
- CCRAA
- CDC
- Cell Phone Ban
- Centers for Disease Control and Prevention
- cert
- Certification
- Certification Analysis
- certiorari
- CFPB
- CFRA
- Chai Feldblum
- Chairman McFerran
- Chamber of Commerce
- Chambers USA
- Change to Win
- Charge Statistics
- Checking Employee Temperature
- Chevron
- Child Care Benefits
- Chris Pardo
- Christopher M. Pardo
- Christopher Pardo
- Christopher v. SmithKline Beecham
- Circuit Split
- City Ordinances
- City Ordinances; Non-compete; Restrictive Covenants; District of Columbia
- Civil Procedure
- Civil Rights
- Civil Rights Act
- Claims-Processing
- Class Action
- Class Action Waiver
- Class Action Waviers
- Class Actions
- Class actions; collective Actions; Arbitration
- Class Arbitration
- Class Certification
- class of workers
- Class Representatives
- CLE
- Clean Air Act
- Client Employer
- Close Contact
- Closure
- Cloth Face Covering
- COBRA
- Code of Conduct
- Coercion
- Collective Action
- Collective Actions
- Collective Bargaining
- Collective Bargaining Agreement
- collective-bargaining
- collective-bargaining agreement
- Colorado
- Colorado’s Antidiscrimination Act
- Commonality Requirement
- Community Health Systems
- Commute Time
- Commuter Benefits
- Companionship Services
- Company Policies
- Compensation
- compensation analysis
- Compensation Data
- Compensation Data Collection
- Compensation Discrimination
- Compensation Excise Tax
- Compensation Policies
- complex litigation
- Compliance
- Component 2
- Concerted Activity
- Conciliation
- Concrete Injury
- Conditional Certification
- Condominiums
- Confidential Information
- Confidentiality
- Confidentiality Agreements
- Confidentiality Policies
- Confidentiality Policy
- Congress
- Consent
- Consequential Damages
- Construction
- Consumer Financial Protection
- Consumer Report
- Consumer Reporting Agency
- Consumer Reports
- Consumer Rights
- Contingency Plan
- Contraception Mandate
- Contract Bar Doctrine
- Contract Workers
- Convertino
- corona virus
- Coronavirus
- Coronavirus/COVID-19
- Corporate Counsel
- Corporate Governance
- Court of Appeals
- coverage penalty
- Covered Businesses
- Covered Service Provider
- COVID
- COVID 19 Tests and Vaccines
- Covid-10
- COVID-19
- COVID-19 Guidance
- Craig Becker
- Craig Leen
- Credit Checks
- Credit Report
- Criminal Background Check
- Criminal Background Checks
- Criminal Conviction
- Criminal History
- Criminal History Discrimination
- Critical Infrastructure
- Cryptocurrency
- CSAL
- Curaleaf
- D&
- D.R. Horton
- DADT
- Daily Journal
- Dallas Business Journal
- Dallas Paid Sick Leave
- Damages
- Dana. Corp
- Daniel J. Grucza
- Data
- Data Collection
- Data Security
- Daubert
- David Lopez
- David Michaels
- Day of Rest
- day rate
- DC Circuit
- De Minimus Doctrine
- DE&I
- Debt Ceiling
- Decertification
- Defamation
- Deferral
- Definitions
- DEI
- Deliberative Process
- Delivery Drivers
- Department of Fair Employment and Housing
- Department of Homeland Security
- Department of Justice
- Department of Labor
- DFEH
- DHS
- Direct Care Workers
- Direct Deposit
- Directive 2018-01
- Directive 2018-02
- Directive 2018-03
- Directive 2018-04
- Directive 2018-05
- Directive 2018-06
- Directive 2018-07
- Directive 2018-08
- Directive 2018-09
- Disability
- Disability Accommodations
- Disability Disclosure
- Disability Discrimination
- Disability Leave
- Disclosure
- Disclosure Requirements
- Discovery
- Discrimination
- Dismissal and Notice of Rights
- Disparate Impact
- Dispute Resolution
- Distracted Driving
- Distribution Policy
- District of Columbia
- Diversity & Inclusion
- Diversity and Inclusion
- DLSE
- DOD
- DOD Act
- Dodd-Frank
- DOJ
- DOL
- DOL Guidance
- DOL Regulations
- DOMA
- Domestic Violence
- Domestic Workers
- Domino’s
- Donald Trump
- Donning and Doffing
- Doug Parker
- Dreadlocks
- Drei Munar
- Dress Code
- Dress Policies
- Drug Testing
- Drugs
- DSM
- DTSA
- Dues Checkoff
- dues deduction
- dues-checkoff
- Dukes v. Wal-Mart
- DuPont
- Duty of Fair Representation
- Duty to Bargain
- Duty to Defend
- E-3
- E-Verify
- EARN
- Earned Sick Time Act
- Ebola
- EBSA
- Economic Damages
- Economic Exigency
- Economic Loss Rule
- Economic Realities
- EEO-1
- EEO-1 Reporting
- EEOC
- EEOC Developments
- EEOC Explore
- EEOC Proposed Rules
- EEOC v. Burlington
- EEOC v. Simbaki
- EEOC v. United Parcel Service
- EEOC; EEO-1; Pay Data
- Effects Bargaining
- Election
- Election Rule
- Election Rules
- Elections
- Electronic Communications
- Electronic Communications Policy
- Electronic Data
- Electronic Disclosure Regulations
- Electronic Representation Elections
- Electronic Signature
- Electronic Timesheet
- Electronic Voting
- Eleventh Circuit
- Eliason
- Elizabeth Dougherty
- Email Policies
- Emergency Ambulance Employee Safety and Preparedness Act
- Emergency Exception
- Emergency Family and Medical Leave Expansion Act
- Emergency Family Medical Leave Expansion Act
- Emergency Paid Sick Leave
- Emergency Temporary Standard
- Emergency Temporary Standards
- Emily Burkhardt Vicente
- EMPA
- Employee
- Employee Agreements
- Employee Benefits
- Employee Benefits Academy
- Employee Classification
- Employee Classification; Wage and Hour; Labor Unions
- employee compensation
- Employee Confidentiality
- Employee Contact Information
- Employee Credit Privacy Act
- Employee Data
- Employee Discipline
- Employee Expenses
- Employee Handbook
- Employee Handbooks
- Employee Information
- Employee Leave
- Employee Misclassification Prevention Act
- Employee Misconduct
- employee notice
- Employee Privacy
- Employee Raiding
- Employee Representative
- Employee Rights
- Employee Rights Poster
- employee termination
- Employee Theft
- Employer
- Employer Mandate
- Employer Penalty
- employer shared responsibility
- Employment
- Employment Agreements
- Employment Contract
- Employment Contracts
- Employment Discrimination
- Employment Eligibility
- Employment law
- Employment Litigation
- Employment Policies
- Employment Policies; Labor Unions; Unions; NLRB
- Employment Practices Liability
- Employment Records
- Employment Suspension
- Employment Terms
- Encino Motorcars
- ENDA
- Enforcement
- English Only Policy
- Enhanced Government Enforcement
- EPCRS
- Epic Systems
- Epidemic
- EPLI
- Equal Employment Opportunity Commission
- Equal Pay
- Equal Pay Act
- Equal Pay Report
- Equal Protection
- Equal/Fair Pay
- Equitable Tolling
- Ergonomics
- ERISA
- ESA
- ESG
- Essential Business
- Essential Critical Infrastructure Worker
- Essential Employees
- Ethics
- ETS
- Event Cancellation
- Event Cancellation Insurance
- Events
- Evidentiary Requirements
- Excelsior List
- Excess Compensation Tax
- Excess Severance Tax
- Exclusion
- Exclusions
- Executive Compensation
- Executive Order
- Executive Order 11246
- Executive Order 13665
- Executive Order 13672
- Executive Order 13673
- Executive Order 13706
- Executive Orders
- Exempt
- Exempt/Non-Exempt Status
- Exemption
- exemptions
- Exhaustion
- Expense Reimbursement
- Expense Reimbursements
- Expressive Conduct
- extension
- F-1
- FAA
- FAAAA
- Face Covering
- Face Mask
- Failed Adoption
- Failed Surrogacy
- Failure to State a Claim
- Fair Chance Act
- Fair Credit Reporting Act
- Fair Employment Opportunity Act of 2011
- Fair Labor Standards Act
- Fair Pay
- Fair Pay Act
- Fair Pay and Safe Workplaces
- Fair Playing Field Act
- Fair Representation
- Fair Share
- Fair Wages for Workers with Disabilities Act
- Fairness for All Marylanders Act
- Families First Act
- Families First Coronavirus Response Act
- Family Care
- Family Friendly Workplace Ordinance
- Family Leave
- Family Responsibilities
- FAR Council
- Farmers Pride
- FASA
- FCPA
- FCRA
- Federal Acquisition Regulations
- Federal Agencies
- Federal Agency Rulemaking
- Federal Arbitration Act
- Federal Arbitration Association
- Federal Budget
- Federal Contract Compliance
- Federal Contractors
- federal court
- Federal Government Shutdown
- Federal Reserve
- Federal Rules of Appellate Procedure
- Federal Rules of Civil Procedure
- Federal Subcontractors
- Fee Disclosures
- FEHA
- FFCRA
- FICA
- Fiduciary
- Fiduciary Fees
- Fifth Circuit
- Fifth Circuit. Wage and hour
- Fight for 15
- Final Pay
- Final Rule
- Final Rulemaking
- Financial Institutions
- Financial Privacy
- Financial Reform
- Financial Services
- Financial Speculation Tax
- Fingerprinting
- Firearm Policies
- Firefighters
- First Amendment
- Flatbush Gardens
- Flexible Flyer
- Flexible Spending Account
- Float
- Florida
- FLSA
- FLSA Settlement Agreements
- FLSA/Wage & Hour
- FLSA; Collective Action; Class Action; Supreme Court; Sixth Circuit; Arbitration; NLRB
- Flu Vaccine
- FMLA
- FMLA/Leaves of Absence
- FOIA
- Food Safety
- Food Services
- Footwear
- Form 1094-B
- Form 1094-C
- Form 1095-B
- Form 1095-C
- Form I-9
- Form W-2
- Fourth Circuit
- FPIIS
- FPUC
- Franchise
- Franchise Rule
- Franchisee
- Franchisor
- Franchisor Liability
- Franchisor/Franchisee
- Fraud Detection and National Security Directorate
- FRD
- Free Speech
- Freelance Worker Protection Act
- Front Pay
- FRSA
- FSA
- FSIS
- FSMA
- FTC
- Furlough
- FUTA
- Garnishment
- Gary Enis
- Gavin Newsom
- Gender Discrimination
- Gender dysphoria
- Gender Identity
- Gender Stereotype
- Gender Sterotype
- General Counsel
- General Counsel Memo
- General Jurisdiction
- General Liability Insurance Policy
- Genetic Information
- Georgia
- Gig-Economy
- GINA
- GINA Proposed Rules
- good faith offer
- Government Contractors
- Government Contracts
- Government Enforcement
- Government Litigation
- Government Shutdown
- Graphic Designer
- Gratuities
- Gratuity
- Greg Robertson
- Gregory B. Robertson
- Grievance Settlement Agreements
- Grooming Policies
- Gross Negligence
- Gross v. FBL Financial Services
- Group Health Plans
- Guidance
- Guide for Employers
- Guide for Wounded Veterans
- Guns
- H-1B
- H-1B Visa
- H-1B1
- H.R. 3200
- H.R. 4173
- H.R. 674
- Hair Discrimination
- Hampton Roads
- Hanover Insurance
- Harassment
- Harassment Policies
- Harassment Prevention
- Harassment Training
- Hardship Distribution
- Harvard
- HazCom
- HB 2127
- Health Care
- health care reform
- Health Coverage Reporting
- Health Insurance Carriers
- Health Insurance Exchange
- Health Plan Identifier
- Health Plans
- Health Reimbursement Arrangements
- Health Risk Assessment
- Health Workplaces
- Healthcare
- Healthy
- Healthy Families Act of 2014
- Heat
- Heat Rule
- Helix
- Hewitt
- HHS
- highly-compensated
- Hilda Solis
- HIPAA
- HIPAA Wellness Rules
- hiring
- Hiring and Monitoring Employees
- Hiring Policies
- Hiring Practices
- Hiring Test
- Holly Wiliamson
- Holly Williamson
- Home Care Workers
- Hostile Work Environment
- Hotel Industry
- Hotel Workers
- Hotels
- Hourly Wage
- Hourly Workers
- Hours Worked
- HPID
- HR 620
- HRA
- HRAs
- Human Capital Rule
- Human Trafficking
- Hunton Andrews Kurth
- Hy-Brand
- I-9
- I2P2
- Ian Band
- ICE
- ICRAA
- IGT
- Illinois Drug Law
- Illinois Secure Choice Savings Program Act
- Immigration
- Immigration & Customs Enforcement
- Immigration and Nationality Law Blog
- Immigration Ban
- Immunity Notice
- Implied Consent
- In Loco Parentis
- In-home Care
- In-Plan Roth Rollover
- Inclusive Communities Project
- Independent Contractor
- Independent Contractors
- Indoor Airspace
- Industry Shutdown
- Inevitable Disclosure
- Infectious Period
- Inflatable Rat
- Influence & Power in Law Awards
- Injury-in-Fact
- Institute for Workplace Equality
- Insurance Agents
- Insurance Coverage
- Insurance Recovery
- Interactive Process
- Interlocutory
- Intermittent Leave
- International Game
- Interns
- Interpretation Letters
- Interrogation
- Invasion of Privacy
- Invention
- Investigations
- Investigatory Interview
- Iqbal
- IRS
- IRS Notice 2019-18
- Iskanian
- Isolation
- Itemized Listing
- J-1
- Jacqueline Berrien
- Jan Brewer
- Jarkesy
- Job Killers of 2019
- Job Posting
- Job postings
- Johnny Isakson
- Johnson & Johnson
- Joinder
- Joint Employer
- Joint Employment
- Jordan Barab
- Joy Silk
- Juan Enjamio
- Judge Hudson
- Judicial Estoppel
- Judicial Records
- Julia Trankiem
- Julia Trankiem; Los Angeles Business Journal; Awards
- Jurisdiction
- Jurisdictional Prerequisite
- Justin F. Paget
- Katherine Sandberg
- Katie Cole
- Kentucky River
- Kevin M. Eckhardt
- Kevin White
- Kin Care Law
- Knowles
- Kurt Larkin
- Kurt Powell
- L-1
- LA Times
- LABJ
- Labor
- Labor and Employment
- Labor and Pensions
- Labor and Workforce Development Agency
- Labor Certification
- Labor Code
- Labor Code Private Attorneys General Act of 2004
- Labor Code Section 558
- Labor Code §2801
- Labor Contractor Employee Report
- Labor Dispute
- Labor law
- Labor Management Relations Act
- Labor Regulations
- Labor Relations
- Labor Rights
- Labor Unions
- Labor-Management Relations
- Lactation Policies
- Lafe Solomon
- Lanham Act
- Lawdragon
- Layoff
- Layoff Avoidance
- Leadership Atlanta
- Leave
- Leave Law
- Leaves of Absence
- Legal 500
- Legal Standing
- Legislation
- Legislative (federal & State) Developments
- Legislative (Federal and State) Developments
- Legislative Developments
- legislative updates
- Lewis v. City of Chicago
- LGBT
- LGBT Rights
- LGBTQ
- LGBTQ Rights
- LGBTQ+
- Liability
- Lieselot Whitbeck
- LiftFund
- Light Duty
- Lilly Ledbetter Act
- Lincoln Lutheran
- Linda Puchala
- Lloyds
- LMRA
- LMRDA
- Local Ordinances
- Loper-Bright
- Los Angeles
- Los Angeles Business Journal
- Los Angeles County
- Los Angeles County Board of Supervisors
- Los Angeles Fair Chance Initiative for Hiring
- Los Angeles Times
- Loss of Business Income
- Lung Disease
- Lutheran Heritage
- Lyft
- M-1
- M. Brett Burns
- Mach Mining
- machine learning
- Machine-Learning
- Mail Ballot
- Majority
- manageability
- Manager Rule
- mandate
- mandates
- Mandatory Closure
- Mandatory Vaccination
- Mariana Aguliar
- Marijuana
- Marijuana Laws
- Marijuana Possession
- Mark Pearce
- Marvin E. Kaplan
- Mary Kay Henry
- mask
- Mass Layoff
- Massachusetts
- Massachusetts Super Lawyer
- Massachusetts Wage Act
- Masterpiece Cakeshop
- McDonnell Douglas v. Green
- McLaren Macomb
- McReynolds v. Merrill Lynch
- Meal and Rest Breaks
- meal breaks
- Meal Period
- Meal Periods
- Meat Processing
- Med Trends
- Media Policies
- Media Policy
- Mediation
- Medical Clinics
- medical examinations
- Medical Marijuana
- Medical Records
- Medicare Tax
- Member Kaplan
- Member Ring
- Memo
- Memorandum
- Memorandum GC 19-01
- Mere Negligence
- Mexican Ministry of Foreign Affairs
- Michael Levine
- Michele Beilke
- Micro Units
- Micro-Unions
- Middle Class Task Force
- Middle Class Tax Relief and Job Creation Act
- Military Leave
- Millea v. Metro-North Railroad
- Miller & Anderson
- Minimum Wage
- Miscarriage
- Misclassification
- Missouri
- Mitigation
- Mixed Motive
- Mobile Application
- Mobility
- Model Employer
- Mootness
- Motion to Dismiss
- MSPA
- Mulhall v. UNITE HERE
- Musculoskeletal Disorders
- NADAA
- Natalie Tynan
- National Emphasis Program
- National Labor Relations Act
- National Labor Relations Board
- National Law Journal
- National Law Review
- National Mediation Board
- National Origin
- National Origin Discrimination
- National Retail Federation
- NCAA
- NDA
- NDAA
- Nebraska
- Negligence
- Neil Gorsuch
- Neutrality
- Nevada
- New Jersey
- new law
- New Legislation
- New Process Steel
- New Star
- New York
- New York City
- New York City Human Rights Law
- New York Employment Laws
- New York Essential Business
- New York Human Rights Law
- New York Law
- New York Local Law 50
- New York Paid Vaccination Leave
- News & Events
- Ninth Circuit
- NLRA
- NLRB
- NLRB Poster
- NLRB; NLRA; Labor Law; Union; Collective Bargaining; Workplace Rights
- NLRB; Property Rights; Misclassification
- NLRB; Union; Collective Bargaining Agreement
- No-Poach Agreements
- No-Rehire
- Noah’s Ark
- Noel Canning
- non-binary
- Non-Compete
- Non-Compete Agreements
- Non-Competes
- Non-disclosure
- Non-Disclosure Agreements
- Non-discrimination
- Non-disparagement
- Non-Unit Employees
- Nonbinary Gender
- noncompete agreements
- Nondisclosure
- Notice 2010-84
- Notice 2012-9
- Notice 2013-74
- Notice 2014-19
- notice requirements
- NRLB
- NUHW
- Numerosity
- Numerosity Requirement
- Nursing Mothers
- NYC
- NYCHRL
- Oakwood Healthcare
- Obamacare
- Obergefell v. Hodges
- Obesity
- Occupational Safety and Health Administration
- ODEP
- OFCCP
- OFCCP Compliance; Affirmative Action; Agency Developments; Veteran Hiring
- OFCCP Developments
- OFCCP v. Florida Hospital of Orlando
- Off Duty Conduct
- Off-label Marketing
- Off-the-Clock Work
- Offer Of Judgment
- Offshoring
- OLMS
- omicron
- Ondray Harris
- Ondray T. Harris
- Online Accessibility
- Opinion Letters
- Opiod
- Opportunity to Compete Act
- Ordinary Disease of Life
- Oregon
- Organ Donor
- Organizing
- Organizing and the NLRB
- OSHA
- OSHA Developments
- Outbreak
- Outsourcing
- Overtime
- overtime exemption
- Overtime Exemptions
- Overtime Pay
- Overtime Regulations
- Overtime Rule
- Overtime Wages
- OWBPA
- Oxford Health Plans
- PAGA
- Paid Family Leave
- Paid Family Medical Leave
- Paid Interns
- Paid Leave
- Paid Sick Leave
- paid time off
- Paid Vaccine Leave
- Pandemic
- Pandemic Unemployment Assistance
- Parental Leave
- Patent
- Patient Protection and Affordable Care Act
- Patricia Shiu
- Pattern and Practice
- Paulsen v. Renaissance Equity Holdings
- Pay
- Pay and Promotions
- Pay Data
- pay disclosure
- Pay Discrimination
- Pay Equity
- Pay Reporting
- pay scale
- Pay Secrecy
- Pay Transparency
- Pay/Compensation
- Paycheck Deductions
- Paycheck Fairness Act
- Paycheck Protection Program
- Payroll Audit Independent Determination Program
- Payroll Debit Cards
- Payroll Taxes
- PBGC
- PCA
- PCC Structurals
- PCORI
- PDLL
- Penalties
- Penalty
- Pennsylvania
- Pennsylvania Minimum Wage Act
- Pension Plans
- Peoplemark
- PeopleSmart
- Perfectly Clear Doctrine
- Perfectly Clear Successor
- Performance and Accountability Report
- Period of Restoration
- Personal Jurisdiction
- Personal Jurisdiction; FLSA; Class Actions; Collective Action; General Jurisdiction; Specific Jurisdiction; Rule 23
- Personnel Policies
- Personnel Records
- Persuader Activity
- Persuader Agreements
- Persuader Rule
- Peter B. Robb
- Peter Schaumber
- Peter Sung Ohr
- Petition
- PEUC
- Phaladelphia Fair Practices Ordinance
- Philadelphia
- Pier 1 Imports
- Pitts v. Terrible Herbst
- Pizza Hut
- PLA
- plan sponsors
- Policies
- Portal-to-Portal Act
- Position Statement
- Post-Accident
- Poster Rule
- POWADA
- Poway Academy
- PPACA
- PPACA Checklist
- PPACA Timeline
- Practical Training
- Pre-Adverse Action Notice
- Pre-Adverse Action Requirements
- Precedent
- Predictable Scheduling
- Preemption
- Pregnancy Disability Leave
- Pregnancy Discrimination
- Pregnancy Discrimination Act
- Pregnancy Leave
- Pregnant Workers Fairness Act
- Preliminary Injunction
- Premium Pay
- Prenatal Leave
- Prescription Drug
- Prescription Drugs
- Prescription Medication
- Prevailing Wage
- Primary Beneficiary Test
- Prior Salary
- Privacy
- Private Equity Fund
- Privilege
- PRO Act
- Procedure
- Profanity
- Professional Responsibility
- Profiles in Diversity
- Progressive Discipline
- prohibition
- project labor agreement
- Property Rights
- Proposed Rule
- Proposed Rulemaking
- Proposed Rules
- Proposition 22
- Protected Activities
- Protected Activity
- Protected Concerted Activity
- Protecting Older Workers Against Discrimination Act
- Protective Order
- Protest
- provision
- PTO
- Public Accommodation
- Public Accommodations
- Public Bargaining
- Public Charge
- Public Entity
- Public Policy
- PUMP Act
- Punitive Damages
- Purchase Agreements
- Purple Communications
- PWFA
- Qualified Plans
- Quarantine
- Questioning
- Quickie Election
- Quickie Elections
- Race Discrimination
- Racial Equity
- Range
- Raytheon
- Reasonable Accommodation
- Reasonable Accommodations
- Recess Appointments
- Recordkeeping
- recruiting
- Reduction-in-Force
- Register Guard
- Regular Rate
- Regular Rate of Pay
- Regulation
- Regulations
- Regulatory Compliance
- Rehabilitation Act
- Reilly Moore
- Reimbursement
- Reimbursements
- release
- Religion
- Religious Accommodation
- Religious accommodation; Title VII; SCOTUS; Supreme Court; Third Circuit
- Religious Accommodations
- Religious Beliefs
- Religious Discrimination
- Religious Freedom Restoration Act
- Religious Institutions
- remedies
- Remote Work
- remote workforce
- Reopen Workplace
- Reopening Business
- Reopening Workplace
- Repeal
- report
- Reporting
- Reporting of Group Health Plans
- Reporting Pay
- Representation Election
- Representation Elections
- Representation Fairness Restoration Act
- Reprisal
- Reproductive Loss Event
- Reproductive Loss Leave
- Reproductive Rights
- Rescind
- RESPECT Act
- rest breaks
- Restaurant
- Restaurant Industry
- Restaurants
- Restoring Balance and Fairness to the National Labor Relations Board
- restriction
- Restrictive Covenants
- Restrictive Covenants Act
- Retail
- Retail Litigation Center
- Retaliation
- Retirement Plans
- Retirement Savings
- Return to Work
- Revenue Procedure 2013-12
- Revenue Ruling 2014-9
- Ricci v. DeStefano
- Richard Griffin
- RICO
- RIF
- RIFs
- right of first refusal
- Right to Disconnect
- Right to Know
- Right to Work
- Right-To-Sue
- Rising Star
- Rite Aid and Lamons Gasket
- Robert Quackenboss
- Roland Juarez
- Roland Juarez; Los Angeles Business Journal
- Roland M. Juarez
- Rollovers
- Roth
- Rounding Policy
- Rounding Time
- Rule 23
- Rule 68 Offer
- Rule-Making
- Rulemaking
- Ryan A. Glasgow
- Ryan Bates
- Ryan Glasgow
- Sabbath
- Safety
- Safety Incentives
- Salary
- Salary Basis Test
- Salary History
- Salary History Bans
- Salary History Inquiries
- Salary Inquiry
- Salary Reduction
- Sales Commissions
- Same-Sex
- Same-sex couples
- San Francisco
- San Francisco Fair Chance Ordinance
- Sanjee Weliwitigoda
- Sara Harlow
- Sarbanes-Oxley
- SB 459
- SB 553
- SB 95
- SB-973
- SBA
- SBC
- SCA
- Scabby
- Scale
- Scheduling Letter
- Schneiderman
- School Closings
- Scope Of Coverage
- Scott Brown
- Scott H. Kimpel
- Scott Nelson
- SCOTUS
- Sealed Records
- SEC
- Second Circuit
- Secondary Boycotts
- Section 125
- Section 1557
- Section 1983
- Section 203
- Section 2802
- Section 302
- Section 7
- Section 7 Rights
- Secure Scheduling
- Security
- Security Screenings
- Seff v. Broward County
- SEIU
- Self-Insured Health Plans
- Senate Bill 1162
- Separation Agreements
- Settlement
- Settlement Agreement
- Settlement Agreements
- Settlement Disclosure
- Seventh Circuit
- severance
- Severance Agreements
- Severance Payments
- Severe Injury Report
- Sex Discrimination
- Sexual Harassment
- Sexual Orientation
- SFFA
- Shaena Rowland
- Shannon S. Broome
- Sharon Block
- Sharon Goodwyn
- Shelter in Place
- Short-Time Compensation Program
- Shutdowns
- Sick Leave
- Sick Pay
- Silica Standards
- Single employer
- SIR Dashboard
- Sixth Circuit
- Slow the Spread
- Social Distancing
- Social Media
- Social Media Evidence
- Social Media Policy
- Solicitation Policy
- Solicitation/Distribution Policy
- Southern California Pizza Co.
- Speak Out Act
- Specialty Healthcare
- Specific Jurisdiction
- Spirituality Programs
- Spokeo
- Spoliation
- Spousal Rights
- Standard of Review
- Standing
- Staples
- Starbucks
- state court
- state legislation
- Statistical Audits
- Statute of Limitations
- Statute of Repose
- Statutes of Limitations
- Staub v. Proctor Hospital
- Stay Violations
- Steering Claims
- STEM
- Stengart v. Loving Care Agency
- Stephen Pattison
- Stewart Acuff
- Stillborn
- Strategic Objectives
- Strategic Plan
- Stray Markings
- Stray Remarks
- Strike
- Strike Plans
- Strike Tactics
- Students for Fair Admissions
- SUB Payments
- Subcommittee on Health
- Subject-Matter Jurisdiction
- Subpoena
- Subpoena Duces Tecum
- Substantial Compliance
- Successor Bargaining Duty
- Successor Company
- Successor Employer
- Successor Employer Duty to Bargain
- Successor Liability
- Suitable Seating
- Summary of Benefits and Coverage
- Super Lawyers
- Supervisor
- Supplemental Paid Sick Leave
- Supply Chain
- Supreme Court
- Susan Wiltsie
- Suspension
- Suzan Kern
- Systemic Discrimination
- Systemic Enforcement
- Taxpayer Responsibility Accountability and Consistency Act
- TCPA
- Technatomy Corporation
- Telecommuting
- Telephone Consumer Protection Act
- Telework
- Temporary Employees
- Temporary Reinsurance Program
- Temporary Workers
- Tenth Circuit
- Terence Connor
- Terrence Flynn
- Tesla
- Test Factor
- Testing
- Texas
- Texas Constitution
- Texas Lawyer
- Texas Legal Awards
- Texas Mutual v. Ruttiger
- Texas Regulatory Consistency Act
- Texting
- The Board
- The Boeing Company
- The Opportunity to Work Ordinance
- Third Circuit
- Third-party Liability
- Thompson v. North American Stainless
- Thriving in Their 40s
- Time Rounding
- Timekeeping
- Tip
- Tip Credit
- Tip Pooling
- Tip Sharing
- Tipped Employees
- Tipped Workers
- Tipping Policies
- Tips
- Title III
- Title IX
- Title VII
- Title VII of the Civil Rights Act of 1964
- Tolling
- Top Insurance Cases
- TRAC
- Trade Secrets
- Trade Secrets & Non-Competes
- Trademark
- Traditional labor
- Trailblazer
- Training
- Training Programs
- Transgender
- Transgender Rights
- Transparency
- TransUnion
- Tratree
- Traxler v. Multnomah County
- Trial Management
- TRICARE
- Trucking Industry
- Trump Administration
- Trump Rule
- Tyler S. Laughinghouse
- Typicality Requirement
- U.S. Senate
- U.S. Senate Finance Committee
- UAW
- Uber
- Uber Drivers
- ULP
- ULP Charge
- UNC
- Unconscionability Doctrine
- Undocumented Workers
- undue hardship
- Unemployment
- Unemployment Benefits
- Unemployment Compensation
- Unemployment Discrimination
- Unemployment Insurance
- Unfair Labor Charge
- Unfair Labor Practice
- Unfair Labor Practices
- Uniform Glossary
- Unilateral Change
- Union
- Union Apparel
- Union Button
- Union Dues
- Union Election
- Union Elections
- Union Information Request
- Union Insignia
- Union Logo
- Union Organizing
- Union Organizing and the NLRB
- Union Rat
- Union Representation
- Union Representation Elections
- Union Sticker
- Unions
- United States v. Windsor
- University of North Carolina
- Unlawful Insistence
- Unlimited Vacation
- Unsuccessful Assisted Reproduction
- UPMC Braddock
- US Chamber of Commerce
- US Supreme Court
- USAction
- USCIS
- USDA
- Use or Lose Rule
- USERRA
- Vacation
- Vacation Pay
- Vacation Scheduling
- Vaccination
- Vaccine
- Vaccine Incentives
- Vaccines
- Valley Hospital Medical Center
- Variant
- VBA
- VCP
- Venue
- Veterans Preference Act
- VETS-100A
- VETS-4212
- VEVRAA
- Victoria Lipnic
- Video
- Viking River
- Virginia
- Virginia Business Magazine
- Virginia Center for Inclusive Communities
- Virginia Employment Legislation
- Virginia Human Rights Act
- Virginia Labor Law
- Virginia Law
- Virginia Lawyers Weekly
- Virginia Marijuana Laws
- Virginia Overtime Wage Act
- Virginia Wage Payment Act
- Virginial Lawyers Weekly
- Virus
- Visa Waiver
- Vital Industry
- Volks Rule
- Voluntary Incentive
- Voter List
- VW
- Wage & Hour
- Wage and Hour
- Wage and Hour Exclusion
- Wage Equality Act
- Wage Fixing
- Wage Inquiries
- Wage Investigation
- Wage Payment
- Wage Penalties
- Wage Reduction
- Wage Statement
- Wage Theft
- Wage Theft Prevention Act
- Wage Transparency
- Waiter
- Waiting Period Rules
- Waiver
- Waivers
- walk around
- Walling v. Portland Terminal
- Wang v. Chinese Daily News
- WARN
- WARN Act
- Washington DC
- We Can Help
- Weapons
- Web Accessibility
- Web Designer
- Webinar
- Website
- Website Accessibility
- Weight Restrictions
- Weingarten
- Wellness Programs
- Wesson
- West Virginia Workplace Freedom Act
- WHD
- Whistleblower
- Whistleblowers
- White Collar Exemption
- William Emanuel
- William J. Emanuel
- Wilma Liebman
- Windsor Decision
- Withdrawal of Recognition
- withholding requirements
- Witness Statements
- Women
- Women In Leadership
- Women of Influence
- Women’s Equality Act
- Work Schedule
- Work Transfers
- Work-Sharing
- Worker Misclassification
- Worker Protection
- Worker Safety
- Workers Bill of Rights
- Workers Compensation
- Workers' Compensation Insurance
- Workplace AI
- Workplace Diversity
- Workplace Investigations
- Workplace Monitoring
- Workplace Policies
- Workplace Privacy
- Workplace Rules
- Workplace Safety
- Workplace Technology
- Workplace Violence
- Workplace Violence Prevention
- WR Reserve
- Wrongful Discharge
- Year In Review
Authors
- Jessica N. Agostinho
- Walter J. Andrews
- Ian P. Band
- Ryan M. Bates
- Christy E. Bergstresser
- Theanna Bezney
- Jesse D. Borja
- Brian J. Bosworth
- Jason P. Brown
- M. Brett Burns
- Daniel J. Butler
- Christopher J. Cunio
- Jacqueline Del Villar
- Kimberlee W. DeWitt
- Steven J. DiBeneditto Jr.
- Robert T. Dumbacher
- Raychelle L. Eddings
- Elizabeth England
- Juan C. Enjamio
- Karen Jennings Evans
- Geoffrey B. Fehling
- Jason Feingertz
- Katherine Gallagher
- Ryan A. Glasgow
- Sharon S. Goodwyn
- Meredith Gregston
- Eileen Henderson
- Kirk A. Hornbeck
- J. Marshall Horton
- Roland M. Juarez
- Keenan Judge
- Suzan Kern
- Elizabeth King
- Stephen P. Kopstein
- Torsten M. Kracht
- James J. La Rocca
- Kurt G. Larkin
- Jordan Latham
- Tyler S. Laughinghouse
- Crawford C. LeBouef
- Michael S. Levine
- Michelle S. Lewis
- Brandon Marvisi
- Lorelie S. Masters
- Reilly C. Moore
- Michael J. Mueller
- J. Drei Munar
- Alyce Ogunsola
- Christopher M. Pardo
- Michael A. Pearlson
- Adriana A. Perez
- Kurt A. Powell
- Robert T. Quackenboss
- D. Andrew Quigley
- Michael Reed
- Jennifer A. Reith
- Amber M. Rogers
- Alexis Zavala Romero
- Zachary Roop
- Adam J. Rosser
- Katherine P. Sandberg
- Elizabeth L. Sherwood
- Cary D. Steklof
- C. Randolph Sullivan
- Veronica A. Torrejón
- Debra Urteaga
- Emily Burkhardt Vicente
- Kevin J. White
- Holly H. Williamson
- Susan F. Wiltsie