Government Contracts & Investigations

Category: Labor and Employment

Government Contractors Susceptible to Increased Liability as Joint Employers After Court Strikes Portions of DOL’s New Joint-Employer Rule

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On September 8, 2020, Judge Gregory Woods in the United States District Court for the Southern District of New York struck down the majority of the U.S. Department of Labor’s (DOL) “joint-employer” rule concerning what it takes to be considered a joint employer under the Fair Labor Standards Act (FLSA). The decision has a significantRead More

Topics: Labor and Employment

Are You Due for an OFCCP Audit?

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The Office of Federal Contract Compliance Programs (OFCCP) just posted its list of companies that are scheduled for an audit of their affirmative action programs here: https://www.dol.gov/agencies/ofccp/foia/library (click on the FY 2020 CSAL links). This is essentially a heads-up from the OFCCP that the contractors listed should be prepared to receive formal notice of anRead More

Topics: Labor and Employment

Updates on EEO-1 Reports, Non-Binary Self-Identification, and VETS-4212 Reports

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EEO-1 Reports  With September upon us, many employers are remembering the prior filing deadline for EEO-1 Reports and wondering what is happening with that obligation. The short answer is that the U.S. Equal Employment Opportunity Commission (EEOC) announced that it will delay collecting EEO-1 Reports from covered employers until March 2021. Covered employers, including privateRead More

Topics: Labor and Employment

OFCCP Developments During the COVID-19 Pandemic

Since the COVID-19 pandemic started materially affecting contractors in March, the Office of Federal Contract Compliance Programs (“OFCCP”) has continued its practice of conducting audits, providing resources and assistance, and enforcing affirmative action and non-discrimination requirements, but in different and more limited mediums. OFCCP continues to conduct audits, but in lieu of physical site visits,Read More

Topics: Labor and Employment

Federal Contractors Must Update Voluntary Self-Identification of Disability Form

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On May 5, 2020, the Office of Management and Budget (OMB) approved the Office of Federal Contract Compliance Programs’ (OFCCP) revised voluntary self-identification of disability form. Federal contractors and subcontractors have until August 4, 2020, to adopt the new form for applicants and employees. Pursuant to Section 503 of the Rehabilitation Act, federal contractors andRead More

Topics: Labor and Employment