February 26, 2024
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Category: Compensation

OFCCP Publishes FAQs on Using Pay History in Making Employment Decisions

As part of the Biden administration’s effort to keep pay equity in the forefront as a domestic policy priority, the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has published a set of 10 Frequently Asked Questions (FAQs) that reiterate longstanding employment law principles on the role of pay history in employment decisions. OFCCP issued the FAQs on January...
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February 15, 2024
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Category: Comment Letter

CWC’s Comments to OFCCP Urge Burden-Easing Changes to Contractor Portal

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has filed written comments with the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) urging it to reduce the compliance burden posed by its contractor portal. CWC’s comments responded to the agency’s announced intent to seek  approval from the White House Office of Management and Budget (OMB) to...
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February 01, 2024
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Category: Compensation

Biden Administration Proposes Pay Range Disclosure Rule for Federal Contractors

The Federal Acquisition Regulatory (FAR) Council has proposed a new pay transparency rule that would require federal contractors to disclose pay ranges for all open jobs on or in connection with covered federal contracts. Two years after President Biden issued an Executive Order calling for pay transparency in federal contracting, the Biden Administration published its proposal in the Federal Register on January...
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January 08, 2024
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Category: Executive Order

FAR Council Issues Final Rule Implementing 2022 Biden PLA Executive Order

The Federal Acquisition Regulatory (FAR) Council has issued a final rule directing federal agency contracting officers to insert a project labor agreement (PLA) requirement into most solicitations or prime contracts that will cost the government at least $35 million. The rule implements a 2022 Executive Order (E.O. 14063) from President Biden that essentially mandates the use of union labor on...
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January 06, 2024
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Category: Agency Enforcement

OFCCP Audits, Financial Recoveries Increased Notably in FY 2023

There were notable increases in the number of audits conducted by the Office of Federal Contract Compliance Programs (OFCCP) and the monetary remedies it obtained in 2023, according to an analysis of OFCCP data performed by the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association. OFCCP completed 1,056 supply-and-service (i.e., non-construction) compliance evaluation audits in fiscal year (FY) 2023, a...
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January 03, 2024
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Category: DOL

DOL Finalizes Rule Reinstating Right of First Refusal Policy on SCA Contracts

The U.S. Department of Labor (DOL) has published a final rule requiring federal contractors and subcontractors on covered service contracts to offer employees employed under a predecessor contract a right of first refusal of employment on a successor contract. The rule will take effect February 12, 2024. It restores a policy implemented by the Obama Administration and reversed by the Trump Administration....
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December 12, 2023
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Category: Compliance Reporting and Recordkeeping

DOL Seeking Routine Three-Year Extension of Current VETS-4212 Report

The Department of Labor’s Veterans Employment and Training Service (DOL-VETS) announced November 28, 2023, that it will ask the White House Office of Management and Budget (OMB) to allow it to keep using the current version of the Federal Contractor Veterans’ Employment Report (VETS-4212) for three more years. Covered federal contractors must file the report with VETS annually. Public comments...
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November 28, 2023
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Category: Compliance Reporting and Recordkeeping

CWC Files “Declaration” Supporting DOL in Ongoing EEO-1 FOIA Litigation

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, filed a declaration with the U.S. District Court for the Northern District of California supporting the objection of the Department of Labor (DOL) to releasing EEO-1 data for which federal contractors claim an exemption under the Freedom of Information Act (FOIA). In response to a request from the Center...
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November 16, 2023
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Category: Discrimination and Harassment

OFCCP Officially Launches New Pre-Complaint Inquiry Form

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has revised its filing process for discrimination complaints to include a new Pre-Complaint Inquiry Form (CC-390). OFCCP hopes that the new form will assist it in weeding out non-meritorious allegations and in evaluating whether OFCCP has proper jurisdiction to investigate the allegations. A description of the revised complaint process and instructions...
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November 07, 2023
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Category: Agency Enforcement

OFCCP Financial Settlement Update – November 2023

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has announced a large batch of financial settlements that it reached with federal contractors during the push to resolve pending investigations by the end of the 2023 fiscal year. Since early October, OFCCP has posted sixteen financial settlements, representing roughly $8 million in awards to victims of alleged discrimination. This...
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