Articles and Blogs

The Administrative Review Board (“ARB”) ruled on July 22, 2013 that Florida Hospital of Orlando (“Florida Hospital”) is a covered federal subcontractor subject to Office of Federal Contract Compliance Programs’ (“OFCCP”) jurisdiction by virtue of its participation as a network provider under TRICARE.  The ruling comes nine months after the same panel of judges... READ MORE

A New Indiana Criminal Records Law Affects Employers A new Indiana law (House Enrolled Act No. 1482) that protects the rights of individuals whose arrests and convictions have been expunged by court order will take effect on July 1, 2013.  This new law will affect employers in Indiana because it prohibits employers from discriminating... READ MORE

OFCCP continued its courtesy of providing advance notice to companies it plans to schedule for affirmative action compliance reviews.  OFCCP mailed the notices, known as Corporate Scheduling Announcement Letters (“CSALs”), on March 27, 2013.  Consistent with its recent practice, the notices are addressed to the “Human Resource Director” at local establishments as opposed to... READ MORE

Last April, we told you about the EEOC’s updated Enforcement Guidance regarding an employer’s use of arrest and conviction records when making employment decisions.   On January 29, 2013, the OFCCP issued its own guidance on this topic in the form of Directive 306.  Federal contractors and subcontractors who are being investigated by OFCCP should... READ MORE

OFCCP Lacks Jurisdiction over TRICARE The health care industry scored a significant litigation victory over OFCCP recently when the Administrative Review Board (ARB) ruled that Florida Hospital of Orlando’s TRICARE network agreement did not cause it to be a covered subcontractor subject to OFCCP’s affirmative action rules.  The ruling overturns an earlier Administrative Law Judge... READ MORE

Last week, the Office of Federal Contract Compliance Programs (“OFCCP”) addressed the status of TRICARE-based affirmative action compliance reviews during an agency conducted webinar.  The webinar was in response to the recent passage of the National Defense Authorization Act (“NDAA”), which included language confirming that TRICARE network providers would not be considered federal subcontractors... READ MORE

OFCCP announced today the rescheduling of a webinar concerning how the agency intends to address TRICARE based compliance audits.  The webinar is in follow up to Congress’ recent action to carve out TRICARE network agreements from OFCCP’s jurisdictional reach.  It was previously scheduled and then canceled by OFCCP, and will now be conducted on... READ MORE

Last week, we informed you of an OFCCP sponsored webinar originally scheduled for today, March 27.  According to OFCCP, the webinar would address how affirmative action compliance audits of TRICARE network providers would be handled in the wake of Congress’ decision to carve out TRICARE network providers from OFCCP’s jurisdiction.  Unfortunately, OFCCP canceled the webinar and has... READ MORE

Three and a half months ago, Congress included language in the National Defense Authorization Act (“NDAA”) declaring that TRICARE network providers will not be subject to OFCCP’s jurisdiction solely on the basis of their TRICARE network agreements.  The NDAA did not, however, address OFCCP coverage over health care providers in any other context, nor... READ MORE