DOL

Memo
22-118
Tuesday, June 21, 2022

The Labor Department’s Administrative Review Board has reversed a ruling by an agency administrative law judge that found in favor of OFCCP, concluding that the ALJ used the wrong legal analyses when he held that a federal contractor committed hiring


Memo
22-116
Thursday, June 16, 2022

As the June 30 deadline for federal contractors to certify with OFCCP’s new AAP-VI approaches, many CWC members have questions about what it means to have “developed and maintained” their AAPs. Our memo and attached checklist provide guidance.


Memo
22-114
Tuesday, June 14, 2022

The Government Accountability Office, the research arm of the U.S. Congress, has issued a report concluding that OFCCP needs to do more to assist federal contractors in meeting their compliance obligations under the Vietnam Era Veterans’ Readjustment


Memo
22-111
Wednesday, June 8, 2022

MEMBER FEEDBACK REQUESTED. OFCCP is seeking approval from the White House Office of Management and Budget to extend the Functional Affirmative Action Program option for another three years, a move that CWC supports.


Memo
22-105
Thursday, June 2, 2022

In a new FAQ posted to its AAP-VI portal late last week, OFCCP has reversed course and is now saying that contractor establishments with fewer than 50 employees must be included if the contractor maintains an AAP for that site, even though not requir


Memo
22-103
Wednesday, June 1, 2022

Sometime in the next few months, OFCCP is expected to publish a formal proposal to modernize its “60-2” AAP regulations. Our memo proves a preview of some of the things it is likely to include.


Memo
22-102
Tuesday, May 31, 2022

Our most recent member roundtable featured a lively discussion among participants and CWC’s staff experts on the practical implications of OFCCP Director Jenny Yang’s new enforcement directive.


Memo
22-101
Thursday, May 26, 2022

As the June 30 deadline for data submissions under OFCCP’s new AAP-VI process approaches, the agency has rolled out a new bulk upload option that federal contractors with 100 or more establishments may find beneficial.


Memo
22-100
Wednesday, May 25, 2022

A House of Representatives committee has approved a bill that would rewrite the FLSA to significantly expand the law’s disclosure and enforcement provisions. As our memo explains, however, the bill seems more intended as a political statement rather


Memo
22-097
Monday, May 23, 2022

OFCCP has posted a new Corporate Scheduling Announcement List that flags some 400 federal contractor establishments for an upcoming compliance evaluation. Industries that increased hiring during the pandemic are prioritized for audits.


Memo
22-095
Wednesday, May 18, 2022

It’s been 16 months since OFCCP Director Jenny Yang assumed office, and during that time there have been some significant changes in key agency leadership positions. Our memo provides an update.


Memo
22-083
Monday, May 2, 2022

MEMBER FEEDBACK REQUESTED. CWC’s recent virtual member roundtable on OFCCP’s controversial pay equity audit directive involved a spirited discussion among the more than 50 member company participants. Our memo summarizes the highlights.


Memo
22-084
Monday, May 2, 2022

On his first day in office, President Biden instructed all federal agencies to come up with a plan for overcoming barriers that underserved communities face in accessing the benefits and opportunities that might be available through that agency. Some


Memo
22-082
Thursday, April 28, 2022

Our comment letter to OFCCP on the agency’s proposal to revise the 2020 Trump-era Enforcement Rule argues that rather than creating greater efficiency as OFCCP claims, the proposal will instead create additional delays in resolving agency allegations


Memo
22-081
Wednesday, April 27, 2022

MEMBER FEEDBACK REQUESTED. CWC has filed a comment letter with OFCCP in general support of the agency’s announced intent to extend its Functional Affirmative Action Program for another three years, while recommending some minor revisions that we beli


Memo
22-073
Monday, April 18, 2022

The Labor Department’s Office of Federal Contract Compliance Programs has recalculated its annual percentage of veterans in the workforce, an annual measure used by the agency to evaluate a federal contractor’s affirmative action obligations under th


Memo
22-067
Thursday, April 7, 2022

OFCCP has posted a number of new clarifying FAQs that address issues raised with the agency by CWC regarding compliance with the agency’s recently-launched Affirmative Action Program-Verification Interface.


Memo
22-064
Thursday, April 7, 2022

Two recent developments underscore the Biden Administration’s commitment to going after employment-related practices that are deemed to be anti-competitive, including misclassification, non-competes, labor market concentration, and “fissured” workpla


Memo
22-063
Wednesday, April 6, 2022

A new directive issued by OFCCP Director Jenny Yang regarding the return to some of the agency’s former enforcement practices confirms what we’ve been expecting for some time.


Memo
22-062
Wednesday, March 30, 2022

As expected, the proposed budget that the President has submitted to Congress to fund the government for the upcoming fiscal year beginning on October 1 asks for big funding increases for OFCCP and the EEOC, among other workplace enforcement agencies


Memo
22-059
Monday, March 28, 2022

According to the latest annual report (covering 2021) prepared by the Labor Department’s Bureau of Labor Statistics, the percentage of individuals with disabilities in the U.S. workforce has increased over the last decade.


Memo
22-054
Tuesday, March 22, 2022

The Labor Department is proposing a major revision of its regulations implementing the Depression-era Davis-Bacon Act. Under the proposal, it would be more likely that union wage rates would apply on federal construction projects, making it easier fo


Memo
22-055
Tuesday, March 22, 2022

A federal court has ruled that the Biden Administration failed to comply with applicable procedural requirements in attempting to withdraw a helpful employee classification rule issued by the Trump Labor Department. As a result, the Trump rule is in


Memo
22-052
Thursday, March 17, 2022

In the first major policy development since she assumed office, OFCCP Director Jenny Yang has issued a new directive instructing agency compliance officers to ask for a contractor’s pay analyses during a compliance evaluation, regardless of whether t


Memo
22-050
Wednesday, March 16, 2022

After a six-month delay, Congress and the Biden Administration finally reached agreement on funding the government through the end of September. The EEOC, OFCCP, and the Wage and Hour Division all received modest increases, while the NLRB was flat-fu


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