Thursday, December 1, 2022
MEMBER FEEDBACK REQUESTED. OFCCP is proposing some minor changes to the form (CC-305) it requires federal contractors to use to allow individuals to voluntarily self-ID their disability status. CWC plans to submit comments with OFCCP urging further i
Wednesday, November 30, 2022
MEMBER FEEDBACK REQUESTED. Less than ten years after OFCCP made extensive changes to its scheduling letter and accompanying “itemized listing” that required federal contractors to submit substantially more data, the agency is proposing to do so again
Monday, November 28, 2022
The Labor Department recently announced the winners of this year’s HIRE Vets Medallion Awards, given to companies that demonstrate exemplary efforts in recruiting, employing, and retaining veterans. As was the case last year, we are once again please
Monday, November 14, 2022
Now that OFCCP is requiring federal contractors to post the EEOC’s new “Know Your Rights” poster, we thought it would be helpful to update our guide on all current OFCCP posting requirements.
Tuesday, November 8, 2022
As is often the case, OFCCP announced a large batch of financial settlements negotiated during the last month of its fiscal year ending on September 30. Our memo provides a brief summary of each settlement.
Wednesday, November 2, 2022
In response to recent developments regarding the public disclosure of EEO-1 data, CWC has revised the confidentiality disclaimer that we include on our model self-identification form.
Tuesday, November 1, 2022
As expected, OFCCP has informed federal contractors that they must begin using the EEOC’s new “Know Your Rights” poster to replace the familiar “EEO is the Law” poster and poster supplement that contractors have been using for years to meet OFCCP pos
Thursday, October 27, 2022
The EEOC has issued a new “Know Your Rights” poster to replace the familiar “EEO is the Law” poster that employers have used for years to meet EEOC and OFCCP notice requirements.
Tuesday, October 25, 2022
We expected the Biden Administration’s Labor Department to be more aggressive in filing formal OFCCP-related administrative lawsuits, but that hasn’t been the case until now. Things may be changing, however, as our memo explains.
Thursday, October 20, 2022
MEMBER FEEDBACK REQUESTED. As expected, the Labor Department has proposed new interpretive regulations under the Fair Labor Standards Act that would weigh heavily in favor of an employee versus independent contractor classification determination.
Two different Presidential Executive Orders set a higher minimum wage rate on certain government contracts depending on when the contract was executed. Pursuant to an escalator clause contained in each E.O., the minimum wage rate under each will incr
As expected, the Biden Administration has terminated the Trump-era IRAP system, illustrating both the influence that organized labor wields with the Administration and the difficulty of implementing innovative changes to the government’s entrenched j
The fourth virtual roundtable held in conjunction with the joint “HIRE” initiative launched by the EEOC and OFCCP earlier this year featured presentations by a panel of witnesses pointing out potential discriminatory barriers created by employers’ us
Wednesday, October 5, 2022
Calls we’ve received from some of our members lately indicate that there may be some confusion out there among agency contracting officers regarding OFCCP’s “Pre-Award Registry.” Our memo explains what the Registry is and how it is designed to be use
As has become the norm, Congress failed to reach agreement on final government spending levels for Fiscal Year 2023, which began on October 1, instead opting to temporarily fund government operations at FY 2022 levels through December 16. As a result
Tuesday, September 27, 2022
MEMBER FEEDBACK REQUESTED. OFCCP regulations require covered federal contractors to make their Section 503/VEVRAA AAPs “available” to applicants and employees upon request. The regulations don’t address how this should be done in a remote work enviro
Tuesday, September 27, 2022
As President Biden nears the halfway point of his first term, most of his nominations to serve in key workplace enforcement agency positions have been confirmed by the U.S. Senate. There are a few important slots that still await action, however, as
Monday, September 26, 2022
OFCCP has received approval from the White House Office of Management and Budget to continue its Functional Affirmative Action Program option for another three years. The program as extended contains some welcome improvements that may encourage great
Wednesday, September 21, 2022
OFCCP has extended until October 19 the deadline for federal contractors to object to the agency’s release of their “Type 2” EEO-1 reports covering years 2016-2020. Our memo offers guidance as to how an objection might be crafted.
Thursday, September 15, 2022
MEMBER FEEDBACK REQUESTED. The Labor Department’s Office of Labor-Management Standards has published a proposal that would require an employer covered by obligations to disclose certain expenditures related to union organizing activity to indicate wh
Tuesday, September 13, 2022
The number of complaints filed with the Labor Department by service members alleging discrimination under the Uniformed Services Employment and Reemployment Rights Act declined again in FY 2021, continuing a ten-year trend.
Tuesday, September 13, 2022
Our latest update of OFCCP financial settlements summarizes seven new settlements posted by the agency since our last update in May.
Monday, September 12, 2022
For 40 years, the Labor Department has insisted that to be enforceable, a settlement of Fair Labor Standards Act claims must be supervised by the agency or approved by a federal court. Two recent federal court rulings state that there is nothing in t
Tuesday, September 6, 2022
OFCCP has officially launched its new online Notification of Construction Contract Award Portal as the preferred, albeit optional, way for covered federal construction contractors to meet their obligation to notify the agency of certain subcontract a
Wednesday, August 24, 2022
OFCCP recently received an unprecedented FOIA request for all EEO-1 Type 2 reports held by the agency for filing years 2016 through 2020. OFCCP is giving affected federal contractors until September 19 to file objections, or will otherwise disclose t