Articles and Blogs

With the stroke of a pen, President Trump rescinded Executive Order 11246 (“EO 11246”), which has been the foundation for workforce-related affirmative action obligations for federal contractors since 1965. Effective immediately, contractors are no longer required to maintain affirmative action programs for minorities and women, though they may continue to comply with the existing... READ MORE

Citing special circumstances in the national interest, the Office for Federal Contract Compliance Programs (“OFCCP”) has granted a temporary exemption and waiver of federal affirmative action obligations under certain federal contracts. The exemption and waiver applies only to federal contracts entered into between March 17, 2020 and June 17, 2020 for the specific purpose... READ MORE

In more happy news for the health care industry, the Office of Federal Contract Compliance Programs (“OFCCP”) is proposing to amend its regulations concerning its jurisdiction over health care providers that participate in TRICARE. The amendments would revise OFCCP’s regulatory definition of “subcontractor . . . to exclude health care providers with agreements to... READ MORE

In happy news for the health care industry, OFCCP recently announced a two-year extension of its TRICARE enforcement moratorium. The agency’s self-initiated enforcement moratorium, which has been in effect for four years, is now scheduled to expire on May 7, 2021. OFCCP also expanded the scope of the moratorium to apply to providers under the... READ MORE

Earlier this month, OFCCP mailed 1,000 letters to unlucky companies notifying them that they are on the agency’s “to be audited” list. Known as Corporate Scheduling Announcement Letters (“CSALs”), the letters are provided as a courtesy in the hope that the company will be better prepared for the compliance review that is soon to follow.... READ MORE

The Office of Federal Contract Compliance Programs (“OFCCP”) announced last week that it received approval to change its standard audit Scheduling Letter and accompanying Itemized Listing.  Together, these documents specify in detail what records and information federal contractors must supply to OFCCP when they are selected for a compliance review.  The changes are significant... READ MORE

President Obama’s latest Executive Order  (“EO”) is entitled “Fair Pay and Safe Workplaces,” but its requirements on federal contractors go beyond compensation and safety.  The good news is that implementation of these new requirements is not expected to be begin until 2016.  By then, we hope to have new regulations that better explain the... READ MORE

On April 8, 2014, President Obama signed a new Executive Order prohibiting federal contractors from discriminating or retaliating against employees who discuss their compensation.  On the same date, President Obama also issued a Presidential Memorandum directing the Secretary of Labor to issue new rules governing the collection of summary compensation data from federal contractors.  READ MORE

The OFCCP recently published regulations that significantly revise the affirmative action requirements for qualified individuals with disabilities (“IWDs”) and protected veterans.  The new regulations, which apply to covered federal contractors, become effective on March 24, 2014.  READ MORE

On February 12, 2014, President Obama signed Executive Order 13658, which raises the minimum rate of pay for federal contractors to $10.10 per hour.  The rate is subject to increases each year in relation to increases to the Consumer Price index.  This bold action by the president came after he was unable to convince... READ MORE