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Category: Government Contracts

Defense Department To Stop Using Project Labor Agreements on Large Construction Projects

The Defense Department has published a class deviation directing the agency’s contracting officers to cease using project labor agreements (PLAs) on large construction projects, a signal that the Trump Administration may be considering reversing this Biden-era priority. PLAs are essentially pre-hire agreements that mandate the use of union labor. The use of PLAs has long been contentious, with Democratic administrations...
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Category: Executive Order

Fifth Circuit Rules Biden’s Federal Contractor Minimum Wage Increase Lawful

A federal appeals court has upheld former President Biden’s Executive Order 14026 establishing a $15.00 federal contractor hourly minimum wage and indexing it to inflation. In Texas v. Trump, the U.S. Court of Appeals for the Fifth Circuit found the increase to be within the President’s authority under the Procurement Act. The Fifth Circuit concluded that raising the minimum wage to...
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Category: Discrimination and Harassment

CWC Holds Member Roundtable To Discuss Rescission of E.O. 11246

CWC held a members-only roundtable January 29 to discuss Executive Order 14173, which rescinded long-standing Executive Order 11246. President Trump issued E.O. 14173, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” on January 21. It rescinds E.O. 11246 and requires federal contractors to certify that they are not operating any programs promoting diversity, equity, and inclusion that violate federal anti-discrimination laws. During...
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Category: Affirmative Action and Diversity

President Trump Rescinds E.O. 11246

President Trump has issued a new Executive Order formally rescinding Executive Order 11246 and directing the Office of Federal Contract Compliance Programs (OFCCP) to cease holding federal contractors responsible for taking affirmative action. Executive Order 11246 was signed by President Johnson in 1965, and prohibits covered federal contractors from discriminating in employment on the basis of race and sex, among...
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Category: Compensation

Biden Administration Withdraws Proposed Federal Contractor Pay Transparency Rule

The Biden Administration has withdrawn its proposed federal contractor pay transparency regulations. The regulations would have prohibited federal contractors from considering job applicants’ compensation history and would have required contractors to disclose the compensation for work on federal contracts in their job advertisements. The Biden Administration has also withdrawn the government-wide procurement policy, adopted in response to Executive Order 14069, on which the...
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Category: Agency Enforcement

OFCCP Audits, Financial Remedies Decreased in FY 2024

OFCCP had a slow year in FY 2024, awarding less money in discrimination cases to fewer class members and completing fewer audits than at any time in recent memory, according to enforcement data released by the agency. The data, which cover the period from October 1, 2023, to September 30, 2024, show that OFCCP completed 14% fewer supply-and-service (non-construction) audits...
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Category: Discrimination and Harassment

OFCCP Publishes Guide on Combatting Harassment in the Construction Industry

The Labor Department’s Office of Federal Contract Compliance Programs has published A Guide to Combatting Harassment in the Construction Industry. The guide, released in November, uses a question-and-answer format. Though the guide focuses on federal construction contractors, other employers can use it to better understand and prevent harassment in the workplace. The guide explains that construction contractors have an affirmative obligation...
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Category: Compliance Reporting and Recordkeeping

OFCCP Construction Contractor Utilization Report Due April 2025 (and Every Month Thereafter)

Federal construction contractors and subcontractors must begin filing their monthly CC-257 forms April 15, 2025, the Labor Department’s Office of Federal Contract Compliance Programs announced. Employers that have a federal construction contract or subcontract, or a contract in which federal funds pay for construction work worth more than $10,000, must submit a Monthly Employment Utilization Report (CC-257) to OFCCP on...
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Category: Executive Order

Ninth Circuit Rules Federal Contractor Minimum Wage Increase Exceeded Biden’s Authority

President Biden exceeded his authority by issuing Executive Order 14026 raising the federal contractor minimum wage to $15 per hour, a federal appeals court ruled November 5 in Nebraska v. Su. The U.S. Court of Appeals for the Ninth Circuit also held that the U.S. Department of Labor acted arbitrarily and capriciously when it published implementing regulations. The Ninth Circuit...
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Category: Agency Enforcement

OFCCP Posts New “CSAL” Flagging 2000 Entities for Compliance Audits

OFCCP’s latest Corporate Scheduling Announcement List (CSAL) puts some 2,000 federal contractor entities on notice that they’ve been flagged for an upcoming compliance audit. According to the newly posted FY 2025 CSAL Supply & Service Scheduling List, Release – 1 and updated FAQs, OFCCP has identified 1,880 establishments for standard compliance reviews, 60 establishments for Corporate Management Compliance Evaluation (CMCE) reviews, 48 entities...

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