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
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.
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
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.
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
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.
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.
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.
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
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.
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.
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.
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
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
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
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
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.
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
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.
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
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.
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
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
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
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