Insights

October 14, 2022
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Category: Affirmative Action and Diversity

Highlights From Most Recent EEOC-OFCCP “HIRE” Initiative Roundtable

Earlier this year, the Equal Employment Opportunity Commission (EEOC) and the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) launched a joint effort dubbed the Hiring Initiative to Reimagine Equity (“HIRE”). Among other things, the HIRE initiative was created ostensibly for the purpose of identifying strategies to remove unnecessary barriers to hiring and to promote equity in the...
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October 14, 2022
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Category: Government Contracts

Federal Contractor Minimum Wage Rates Will Increase on January 1, 2023

The U.S. Department of Labor (DOL) has issued notices announcing increases in the minimum wage rates established by two different Presidential Executive Orders (E.O.s), one signed by President Obama (E.O. 13658) and the other signed by President Biden (E.O. 14026), that set a higher minimum wage rate for work performed on certain government contracts. Pursuant to annual escalator clauses contained...
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October 07, 2022
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Category: State and Local Law

NYC Issues Proposed Implementing Rules for Its New Artificial Intelligence Bias Audit Ordinance

As we previously reported, New York City adopted a new ordinance late last year (Local Law 144) that requires covered employers using artificial intelligence (AI) in their hiring efforts to conduct an independent bias audit of the AI tool and to publish the results of that audit. The ordinance, which is scheduled to go into effect on January 1, 2023,...
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October 07, 2022
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Category: Immigration

Recent Bias Settlements Serve as a Reminder of IRCA’s Nondiscrimination Protections

The U.S. Department of Justice (DOJ) recently announced the settlement of some 20 enforcement actions brought against multiple employers involving allegations that job postings made on college career websites contained unlawful citizenship status restrictions in violation of the 1986 Immigration Reform and Control Act (IRCA), as amended. DOJ alleged that the settling employers advertised job postings on college career pages...
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October 07, 2022
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Category: Government Contracts

Primer on OFCCP’s “Pre-Award Registry”

We have been receiving calls lately from some federal contractors regarding inquiries they are getting from federal contracting officers asking for an explanation as to why their company does not appear on the “Pre-Award Registry” maintained by the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) “Pre-Award Registry,” and further requesting that they produce a “Notice of Compliance” issued...
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September 30, 2022
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Category: Government Contracts

Making Your 503/VEVRAA AAPs “Available” To Remote Applicants and Employees

Longstanding regulations issued by the U.S. Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) implementing Section 503 of the Rehabilitation Act (Section 503) and Section 4212 of the Vietnam-Era Veterans’ Readjustment Assistance Act (VEVRAA) require covered federal contractors to make their written 503/VEVRAA affirmative action programs (AAPs) available to employees and applicants upon request, and further require that the...
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September 30, 2022
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Category: Government Contracts

OFCCP Issues Revised FAAP Directive With Minor Improvements

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has issued a revised “directive” governing the agency’s functional affirmative action program (FAAP) approval and renewal process. The directive, which was approved by the White House Office of Management and Budget (OMB) and became effective on September 21, contains some positive changes and may spur greater interest and participation in...
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September 23, 2022
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Category: Compensation

California on Verge of Expanding Pay Transparency and Wage Reporting Requirements

The state of California, one of two states (Illinois being the other) with pay reporting requirements in effect, is about to expand those requirements as well as add California to the growing list of state and local jurisdictions that require employers to include salary information in job postings. The new requirements are contained in a bill (S.B. 1162) recently approved...
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September 23, 2022
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Category: Government Contracts

OFCCP Extends Deadline for Objecting to FOIA Release of EEO-1 Data Until October 19

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has extended until October 19, 2022, the deadline for federal contractors to file objections under the Freedom of Information Act (FOIA) to the agency’s planned disclosure of thousands of consolidated Employer Information (EEO-1) Reports. The original deadline was September 19, 2022. The “Type 2” EEO-1’s in question cover filing years...
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September 23, 2022
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Category: Agency Enforcement

Highlights From EEOC’s Second “Listening Session” on Developing New Strategic Enforcement Plan

As we reported recently, the Equal Employment Opportunity Commission (EEOC or Commission) has begun the process of developing a new “Strategic Plan” and “Strategic Enforcement Plan” (SEP) that will establish agency priorities for the next several years. As part of that process, the agency has scheduled a series of three so-called listening sessions to invite stakeholder input, the first of...
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