October 14, 2022
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Category: Government Contracts

Federal Contractor Minimum Wage Rates Will Increase on January 1, 2023

The U.S. Department of Labor (DOL) has issued notices announcing increases in the minimum wage rates established by two different Presidential Executive Orders (E.O.s), one signed by President Obama (E.O. 13658) and the other signed by President Biden (E.O. 14026), that set a higher minimum wage rate for work performed on certain government contracts. Pursuant to annual escalator clauses contained...
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October 07, 2022
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Category: Government Contracts

Primer on OFCCP’s “Pre-Award Registry”

We have been receiving calls lately from some federal contractors regarding inquiries they are getting from federal contracting officers asking for an explanation as to why their company does not appear on the “Pre-Award Registry” maintained by the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) “Pre-Award Registry,” and further requesting that they produce a “Notice of Compliance” issued...
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September 30, 2022
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Category: Government Contracts

Making Your 503/VEVRAA AAPs “Available” To Remote Applicants and Employees

Longstanding regulations issued by the U.S. Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) implementing Section 503 of the Rehabilitation Act (Section 503) and Section 4212 of the Vietnam-Era Veterans’ Readjustment Assistance Act (VEVRAA) require covered federal contractors to make their written 503/VEVRAA affirmative action programs (AAPs) available to employees and applicants upon request, and further require that the...
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September 30, 2022
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Category: Government Contracts

OFCCP Issues Revised FAAP Directive With Minor Improvements

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has issued a revised “directive” governing the agency’s functional affirmative action program (FAAP) approval and renewal process. The directive, which was approved by the White House Office of Management and Budget (OMB) and became effective on September 21, contains some positive changes and may spur greater interest and participation in...
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September 23, 2022
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Category: Government Contracts

OFCCP Extends Deadline for Objecting to FOIA Release of EEO-1 Data Until October 19

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has extended until October 19, 2022, the deadline for federal contractors to file objections under the Freedom of Information Act (FOIA) to the agency’s planned disclosure of thousands of consolidated Employer Information (EEO-1) Reports. The original deadline was September 19, 2022. The “Type 2” EEO-1’s in question cover filing years...
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September 16, 2022
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Category: Agency Enforcement

OFCCP Financial Settlement Update – September 2022

We are pleased to present our latest update on major financial settlements that have been announced by the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) since our last update in May. Notably, with less than a month remaining in fiscal year 2022 (FY 2022), the number of announced settlements is far below the number recorded during each of...
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September 09, 2022
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Category: Government Contracts

OFCCP Launches Online Construction Contract Award Portal

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has officially launched a new online portal to serve as the preferred (albeit optional) means under which federal construction contractors comply with the current requirement to provide information to OFCCP regarding the award of certain federal construction subcontracts. The new Notification of Construction Contract Award Portal (NCAP) essentially is an...
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August 05, 2022
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Category: Agency Enforcement

OFCCP Announces Contractors With Timely AAP-VI Help Desk Requests Met Filing Deadline

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) announced late last week that federal contractors who have yet to certify via the agency’s online Affirmative Action Program Verification Interface (AAP-VI) Contractor Portal, but who had pending Help Desk tickets as of the June 30, 2022, filing deadline, are deemed to have met the deadline. The agency’s announcement also...
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July 29, 2022
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Category: Agency Enforcement

Secretary of Labor Walsh Overturns Favorable ARB Ruling in OFCCP v. Convergys

Exercising his authority pursuant to an internal order issued by his predecessor, Secretary of Labor Marty Walsh has formally reversed a ruling of his own Administrative Review Board (ARB) issued back in February in the case of Office of Federal Contract Compliance Programs (OFCCP) v. Convergys Customer Management Group, Inc. In a bang-bang series of developments, at least by DOL...
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July 22, 2022
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Category: Agency Enforcement

Update on the EEOC-OFCCP “HIRE” Initiative

As we reported a few months ago, in January of this year the Equal Employment Opportunity Commission (EEOC) and the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) launched a joint effort dubbed the Hiring Initiative to Reimagine Equity (“HIRE”) initiative. In introducing the initiative, the two agencies promised to engage a “broad array of stakeholders,” including employer,...
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