DOL

Memo
23-183
Tuesday, September 19, 2023

Two agencies with broad authority over federal employment laws have signed a Memorandum of Understanding designed to further enhance their enforcement efforts.


Memo
23-180
Tuesday, September 12, 2023

MEMBER FEEDBACK REQUESTED. Following OFCCP’s recent adoption of a burdensome new Scheduling Letter and Itemized Listing, the agency has now put some 1,000 federal contractor establishments on notice to get ready for a compliance audit.


Memo
23-175
Wednesday, September 6, 2023

OFCCP has filed a formal enforcement action against DISH Network, alleging that it has failed to respond to OFCCP scheduling letters since 2018, even though the agency suspended enforcement over a period of 24 months for lack of jurisdiction.


Memo
23-172
Tuesday, September 5, 2023

MEMBER FEEDBACK REQUESTED. The Biden Administration’s Department of Labor has published its long-expected proposal to amend the “white collar” regulations under the Fair Labor Standards Act in order to extend overtime eligibility to numerous salaried


Memo
23-168
Monday, August 28, 2023

CWC Web Workshop Scheduled for September 7. The White House Office of Management and Budget has approved a burdensome new version of the Scheduling Letter used by OFCCP to notify a federal contractor that it has been selected for a routine compliance


Memo
23-167
Wednesday, August 23, 2023

As expected, the Department of Labor has issued final revised regulations under the federal Davis-Bacon Act that will make it much easier for unionized construction companies to win federal contracts.


Memo
23-161
Monday, August 14, 2023

In a regrettable development, OFCCP has issued revised regulations that gut the important evidentiary and legal standards that have applied since 2020 to support allegations that a federal contractor has committed “material” violations.


Memo
23-155
Monday, August 7, 2023

The Labor Department has announced that the filing season for the annual VETS-4212 report that covered federal contractors must file is now open, and that completed reports must be filed by September 30.


Memo
23-156
Monday, August 7, 2023

Congress has made some progress on advancing the various appropriations bills that will fund the federal government for fiscal year 2024, although the House and Senate are far apart on how much money they want to give to agencies such as OFCCP and th


Memo
23-152
Wednesday, August 2, 2023

An employer that is required to file a disclosure with the Labor Department’s Office of Labor-Management Standards regarding payments to anti-union consultants will now have to indicate whether it is a federal contractor, under revisions made by DOL


Memo
23-145
Monday, July 24, 2023

For the second time, a federal trial court in Texas has rejected an attempt by the restaurant industry to block enforcement of revised “tip credit” regulations issued by the Biden Administration’s Labor Department.


Memo
23-144
Wednesday, July 19, 2023

As the EEOC awaits approval from the White House Office of Management and Budget to continue using the “Component 1” EEO-1 Report, it has confirmed that the 2022 EEO-1 filing season will not begin until sometime this fall.


Memo
23-143
Wednesday, July 19, 2023

In a rare opinion letter issued by the Labor Department interpreting the Family and Medical Leave Act, the agency discusses how leave should be calculated when an employee is on approved leave for less than a full week that includes a holiday.


Memo
23-138
Tuesday, July 11, 2023

More than two years into the Biden Administration, we still haven’t seen the level of formal enforcement activity from OFCCP that we anticipated. Since our last update in October of 2022, there have been only a few new developments, which we summariz


Memo
23-135
Monday, July 10, 2023

Sign Up for Virtual Member Roundtable on July 12. The Supreme Court’s recently issued landmark ruling rejecting the use of race in the admissions policies of Harvard and the University of North Carolina has potential implications for corporate CD&I p


Memo
23-136
Monday, July 10, 2023

In one of the relatively rare decisions issued by a federal appeals court interpreting the Worker Adjustment and Retraining Notification Act, the Second Circuit addresses the key term “operating unit.”


Memo
23-134
Thursday, July 6, 2023

Beginning in November, OFCCP has received clearance to start using a new “pre-complaint inquiry” form to improve the efficiency of its discrimination complaint process.


Memo
23-131
Wednesday, July 5, 2023

As was the case last year, some federal contractors were unable to meet OFCCP’s deadline for certifying compliance via the agency’s AAP-VI Portal because of technical problems. The agency has now confirmed that a pending request for assistance with t


Memo
23-129
Wednesday, June 28, 2023

To accommodate federal contractors that may have predominantly foreign language segments of their workforce, OFCCP is now making available versions of its prescribed disability self-ID form (CC-305) translated into several different foreign languages


Memo
23-126
Monday, June 26, 2023

An issue involving “unit numbers” has arisen for some federal contractors with respect to certifying new establishments in time to comply with OFCCP’s AAP-VI June 29, 2023, certification deadline.


Memo
23-125
Wednesday, June 21, 2023

The appeals court found that an employee’s failure to inform her employer that she was requesting FMLA leave relieved the employer of its obligation to provide the employee with required FMLA notices.


Memo
23-118
Wednesday, June 14, 2023

OFCCP has issued a notice reminding covered federal contractors that they must certify compliance with AAP requirements via the agency’s online AAP-VI portal no later than June 29, 2023.


Memo
23-119
Wednesday, June 14, 2023

OFCCP has published a new Corporate Scheduling Announcement List giving advance notice to some 250 construction industry contractor establishments that they have been targeted for an upcoming compliance audit.


Memo
23-114
Wednesday, June 7, 2023

The so-called debt limit agreement reached by Congress last week calls for overall cuts in federal spending over the next two years. Our memo takes a look at how that might impact agencies such as the EEOC and OFCCP.


Memo
23-113
Wednesday, June 7, 2023

MEMBER FEEDBACK REQUESTED. A new report issued by OFCCP provides highlights of the agency’s Ombuds Service from fiscal year 2022, and suggests that this relatively new service is achieving its goal of facilitating “the fair and equitable resolution o


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