Insights

June 19, 2023
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Category: Government Contracts

Supreme Court Hones Standard for Establishing False Claims Act Liability

The U.S. Supreme Court has ruled that a company can be liable under the federal False Claims Act (FCA) for making a false claim against the government if the company knew or should have known that the claim was false, even if the claim was objectively reasonable. The decision is United States ex rel. Schutte v. SuperValu, Inc. (June 1,...
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June 14, 2023
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Category: Affirmative Action and Diversity

OFCCP Reminds Federal Contractors That AAP-VI Certification Deadline Is June 29

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has notified federal contractors that the 2023 deadline for certifying compliance via the agency’s online “Affirmative Action Program Verification Interface (AAP-VI)” Contractor Portal is June 29. Contractors that fail to meet the deadline are more likely to be targeted for a compliance audit, the agency warned. Members of the Center...
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June 14, 2023
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Category: Agency Enforcement

OFCCP Posts “CSAL” Targeting 250 Construction Contractor Establishments for Compliance Audits

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has posted a new Corporate Scheduling Announcement List (CSAL) identifying 250 federal and federally assisted construction contractors and subcontractors that are flagged for an upcoming compliance evaluation. According to the accompanying methodology posted by OFCCP, the new list consists of construction contractors “with the highest aggregated contract value for all contract work performed in...
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June 13, 2023
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Category: Agency Enforcement

NLRB GC Abruzzo Tells Field Staff That Non-Compete Agreements Likely Violate the NLRA

The National Labor Relations Board’s (NLRB) General Counsel Jennifer Abruzzo has issued a memorandum to the NLRB’s field staff expressing her view that non-compete agreements (NCAs) violate the National Labor Relations Act (NLRA) and asking them to find a case for her office to prosecute. Memorandum GC 23-08 follows a ruling earlier this year (McLaren Macomb) in which the NLRB’s Democratic majority...
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June 12, 2023
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Category: Labor Relations

Supreme Court Rules Employer Can Sue Union for Strike-Related Property Damage

In a decision that underscores the legal responsibility of a labor union to mitigate the risk of harm to an employer’s property during a work stoppage, the U.S. Supreme Court ruled 8 to 1 that a concrete company can sue a labor union for the intentional destruction of its property after union members went on strike. In Glacier Northwest, Inc. v....
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June 11, 2023
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Category: Agency Enforcement

OFCCP Gets Okay From OMB To Begin Using New Pre-Complaint Inquiry Form

The White House Office of Management and Budget (OMB) has approved a request from the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) to begin using a new “pre-complaint” inquiry form (new Form CC-390) designed to improve the efficiency of its discrimination complaint process. Beginning November 1, 2023, a federal contractor employee will be required to complete a Form...
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June 08, 2023
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Category: Discrimination and Harassment

EEOC Issues New Anti-Harassment Guidance for Federal Sector

The U.S. Equal Employment Opportunity Commission (EEOC) recently published anti-harassment guidance applicable to the federal sector, following up on its 2017 anti-harassment guidance for the private sector. EEOC’s Promising Practices for Preventing Harassment in the Federal Sector contains several recommendations that private sector employers might find helpful, however, including examples of workplace harassment related to technology. Members of the Center for...
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June 07, 2023
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Category: Agency Enforcement

New OFCCP Report Highlights FY 2022 Accomplishments of Agency’s Ombuds Service

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has published a report highlighting the activities and accomplishments of the agency’s Ombuds Service in fiscal year 2022. The report, OFCCP’s FY 2022 Ombuds Service Annual Report, suggests that this relatively new service is achieving its goal of facilitating “the fair and equitable resolution of specific types of concerns raised by...
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June 01, 2023
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Category: Discrimination and Harassment

Goldman Sachs Settles Long-Running Pay Discrimination Case for $215 Million

In one of the largest pay discrimination settlements in history, Goldman Sachs has agreed to settle with 2,887 women who worked for the company during the applicable time periods. Under the agreement, more than 60 percent of the $215 million settlement would go to class members, and more than $79 million would go to attorneys’ fees and litigation expenses. The...
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May 31, 2023
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Category: Talent Acquisition and Management

New General Accountability Office Report Is Critical of Noncompete Agreements

A report released last month by the U.S. Government Accountability Office (GAO) finds that noncompete agreements tend to reduce workers’ pay by impairing their ability to change jobs or bargain for higher wages with their employer. The report, which a group of U.S. Senators requested more than four years ago, comes at the same time that the U.S. Federal Trade...
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