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Category: Agency Enforcement

Labor Department Enjoined From Enforcing E.O. 11246 Claim Against Federal Contractor

A federal district court has temporarily blocked the Office of Federal Contract Compliance Programs from continuing enforcement proceedings against a  janitorial services company that allegedly violated Executive Order 11246 by engaging in racially discriminatory hiring. The September 9 ruling by the U.S. District Court for the Southern District of Texas came in ABM Industry Groups v. U.S. Department of Labor....
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Category: Compliance Reporting and Recordkeeping

New FOIA Requests Seek Contractor EEO-1 Data From 2021

OFCCP will release the EEO-1 Type 2 Reports for thousands of contractors for the 2021 filing year unless the contractors file a written objection with OFCCP by December 9, the agency announced October 29, 2023. The release will occur in response to Freedom of Information Act requests from the University of Utah and a non-profit organization named As You Sow. The...
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Category: Government Contracts

CWC Explains the Davis-Bacon Act

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has updated its primer on the Davis-Bacon Act. The Davis-Bacon Act (DBA) and a collection of laws called the Davis-Bacon Related Acts (DBRA) require contractors to pay laborers and mechanics working on covered federal construction contracts the prevailing wage and fringe benefits for the same job classification in the same area....
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Category: Government Contracts

USDA Finalizes Procurement Revisions Without Controversial Blacklisting Provisions

The U.S. Department of Agriculture has amended the Agriculture Acquisition Regulation (AGAR) to align with changes to acquisition law, regulations, and internal USDA policies. The USDA’s final rule takes effect November 6, 2024. Notably, the rule does not include controversial blacklisting provisions that USDA had twice proposed previously. The blacklisting provisions, which CWC opposed, would have required USDA contractors to certify compliance...
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Category: Compliance Reporting and Recordkeeping

Construction Contractors Must Submit Monthly Reports

The Office of Federal Contract Compliance Programs has received approval to collect monthly reports from construction contractors detailing the number of their employees and their work hours by race/ethnicity, sex, and construction trade, although the agency has not yet announced when it will begin the monthly collection. The White House Office of Management and Budget (OMB) approved use of the...
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Category: Compensation

DOL Announces Federal Contractor Minimum Wage Rates To Increase on January 1, 2025

The minimum wage rates for work performed on some government contracts will increase January 1, 2025, the U.S. Department of Labor announced September 30, 2024. The rate on government contracts subject to President Obama’s Executive Order 13658—which governs government contracts entered into, renewed, or with options exercised before January 30, 2022—will increase from $12.90 to $13.30. The rate on contracts...
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Category: Compliance Reporting and Recordkeeping

Template for Assessing Disability and Veteran Outreach

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has updated its template for assessing outreach to persons with disabilities and protected veterans. It can assist CWC’s federal contractor members in organizing their data so they’re ready if the Office of Federal Contract Compliance Programs (OFCCP) audits them. The template also should make it easier to respond to items...
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Category: Compliance Reporting and Recordkeeping

CWC’s Updated Personnel Processes Template for Protected Vets and People with Disabilities

CWC has updated our Personnel Processes Review Template to help our federal contractor members comply with government contracting regulations related to recruitment and hiring procedures for protected veterans and individuals with disabilities. Office of Federal Contract Compliance Programs (OFCCP) regulations about protected veterans under the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) are codified at 41 CFR Part 60-300. The...
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Category: Executive Order

Biden’s New “Good Jobs” E.O.: Another Version of Union-Friendly “High Road”

President Biden has issued Executive Order 14126, which will require designated federal agencies to consider an employer’s labor and employment practices when awarding federal financial assistance under several recent laws. The E.O. applies to the selection of projects by “implementing agencies” for entities receiving “federal financial assistance” from the “Investing in America agenda.” By limiting coverage to grants, loans, and...
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Category: Agency Enforcement

OFCCP Agrees to First Nationwide ERCA Since Beginning of Biden Administration

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has signed an Early Resolution Conciliation Agreement (ERCA) with State Street Corporation that includes an audit moratorium on the contractor’s establishments nationwide. Although ERCAs granting a multi-year moratorium on establishment audits were common during the previous administration, this is the first ERCA of which we are aware during the Biden...

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