MEMBER FEEDBACK REQUESTED. In a continuing sign that the Biden Administration believes a company’s labor law compliance should be taken into account in awarding federal contracts, it has instructed the major federal contracting agencies to designate
Another federal appeals court has concluded that President Biden exceeded his authority in issuing a September 2021 Executive Order that required employees working on covered government contracts to be vaccinated against COVID-19. That Order was neve
As we predicted, the final version of the “must-pass” National Defense Authorization Act approved by Congress earlier this month stripped out most of the labor union wish list provisions that the House of Representatives loaded into its version of th
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
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
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
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
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
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
A federal appeals court has narrowed a nationwide injunction that prevented the Biden Administration from enforcing its controversial federal contractor COVID-19 vaccine mandate. That said, there are no signs that the administration intends to move f
One of the very few so-called must-pass bills that Congress enacts every year is the National Defense Authorization Act, the annual measure that authorizes national defense spending. Knowing it’s a must pass bill, House Democrats added a slew of unio
CWC’s comments to the Department of Agriculture urge the agency to withdraw a proposed rule that would allow USDA to deny government contracts to a company based on USDA’s assessment of the company’s labor law compliance.
The U.S. Department of Agriculture is proposing to revise its procurement rules to take into consideration a prospective contractor’s labor law compliance before awarding a contract. The proposal is similar to the “blacklisting” proposal that USDA pu
The U.S. Supreme Court last week blocked implementation of the Occupational Safety and Health Administration’s emergency standard requiring larger employers to ensure their employees have been vaccinated against COVID-19 or submit to weekly testing.
A new Executive Order signed by President Biden essentially reinstates “nondisplacement” rules that were operative during the Obama Administration. Those rules required successor contractors to contracts covered by the federal Service Contract Act to
CWC has learned that some federal agencies are asking their contractors to modify contracts that are not subject to the Biden Executive Order mandating COVID-19 vaccinations. In at least one case, the agency is threatening sanctions for failure to co
President Biden has issued a directive requiring both federal government employees and employees of federal contractors working “onsite” at federal facilities to demonstrate proof of COVID-19 vaccination status or take other steps as a condition of w
As a follow-up to our recent memo on the “basics” of OFCCP’s jurisdictional coverage, this memo focuses on who qualifies as a covered OFCCP subcontractor.
OFCCP has announced its intent to extend for another three years the paperwork requirements that apply to construction contractors, and is seeking approval from the White House Office of Management and Budget (OMB) to proceed.
OFCCP has issued a new and improved technical assistance guide for federal non-construction contractors. Our memo provides an overview, with more memos in the works that will focus in on some of the TAG’s nuances.
OFCCP Director Craig Leen has issued a National Interest Exemption that temporarily relieves federal contractors providing Hurricane Delta relief from having to prepare a written AAP. This is the fifteenth NIE issued by OFCCP during the Trump Adminis
President Trump has issued a new E.O. that prohibits federal contractors from providing any training programs that include content on race or sex “stereotyping or scapegoating,” effective for new government contracts beginning in November.
Under an Executive Order issued by President Obama in 2014 that is still in effect, federal contractors with certain specified contracts must pay employees working on those contracts a special minimum wage of $10.80 compared to the standard federal m
Consistent with past practice, OFCCP has granted a limited 3-month “National Interest Exemption” from written affirmative action plan requirements for federal contracts involving Hurricane Laura relief. This is the seventh such hurricane-related NIE
The so-called Franken amendment, which has been on the books for a decade, bars certain Department of Defense contractors from requiring employees to arbitrate Title VII claims. In one of the few federal appeals court decisions we’ve seen that interp
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