Articles and Blogs

The Office of Federal Contract Compliance Programs (“OFCCP”) published a final rule amending its regulations concerning its jurisdictional authority over health care providers that participate in TRICARE. Effective immediately, and in direct opposition with its prior legal position, OFCCP has confirmed that it lacks authority to regulate health care providers solely because they participate... READ MORE

Citing special circumstances in the national interest, the Office for Federal Contract Compliance Programs (“OFCCP”) has granted a temporary exemption and waiver of federal affirmative action obligations under certain federal contracts. The exemption and waiver applies only to federal contracts entered into between March 17, 2020 and June 17, 2020 for the specific purpose... READ MORE

In more happy news for the health care industry, the Office of Federal Contract Compliance Programs (“OFCCP”) is proposing to amend its regulations concerning its jurisdiction over health care providers that participate in TRICARE. The amendments would revise OFCCP’s regulatory definition of “subcontractor . . . to exclude health care providers with agreements to... READ MORE

The EEO-1 filing website will open in early March. The filing deadline has been extended to May 31, 2019. Both dates were pushed back as a result of the recent, partial federal government shutdown. Luckily for employers, the controversial pay data disclosure requirements remain on indefinite hold, as we previously reported; however, covered employers still... READ MORE

In happy news for the health care industry, OFCCP recently announced a two-year extension of its TRICARE enforcement moratorium. The agency’s self-initiated enforcement moratorium, which has been in effect for four years, is now scheduled to expire on May 7, 2021. OFCCP also expanded the scope of the moratorium to apply to providers under the... READ MORE

Earlier this month, OFCCP mailed 1,000 letters to unlucky companies notifying them that they are on the agency’s “to be audited” list. Known as Corporate Scheduling Announcement Letters (“CSALs”), the letters are provided as a courtesy in the hope that the company will be better prepared for the compliance review that is soon to follow.... READ MORE

Employers rightfully rejoiced last summer when they learned they would not be required to include pay data on their 2017 EEO-1 report. Indeed, as we reported last August, that new and controversial requirement has been put on hold—perhaps forever. But, covered employers are still required to report workforce race/ethnicity and gender information by job category. The deadline... READ MORE

President Obama’s controversial Fair Pay and Safe Workplaces Executive Order 13673 (aka the “blacklisting” rule) has been eliminated. That means federal contractors will not be required to report labor violations as part of their federal contract bidding process. The related paycheck transparency requirements and prohibition against pre-dispute arbitration clauses related to Title VII claims... READ MORE

Starting at the beginning of 2016, the Equal Employment Opportunity Commission (“EEOC”) has changed its procedures when it comes to employer position statements submitted in response to charges of discrimination. Now, the EEOC will release complete employer position statements and attachments to any charging party and their attorney who request release. In the past, the... READ MORE

New pay transparency rules for federal contractors went into effect last month. Specifically, the new rules prohibit federal contractors from discriminating or retaliating against employees and applicants who inquire about, discuss or disclose their own pay or the pay of another employee or applicant. Exceptions exist for employees who have access to the compensation information of... READ MORE