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Managing the Modern Workplace
V&E International Labor & Employment Resources

The OFCCP Is Coming, The OFCCP Is Coming! Federal Contractors Put on Notice of Coming Audits

If your company is one of the 1,000 federal contractor establishments (including prime contractors and subcontractors) that received a corporate scheduling announcement letter (a “CSAL”) from the Office of Federal Contract Compliance Programs (the “OFCCP”), you probably already know that, as a federal contractor, your company has many employment obligations beyond those applicable to employers in general. You should also be aware that the OFCCP, in sending these CSALs — which it is not required to do — is actually giving companies some extra time to make sure their practices are up to snuff. While not every company who has received CSALs will end up being audited, these letters provide companies a golden opportunity to review and, if necessary, correct their practices before the OFCCP comes knocking.

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HR Checklist for the New Year

As labor lawyers, we tend to think of our professional years as starting and ending on Labor Day. In order to celebrate the new Labor year, I intended to send this post early last week, but a storm called Harvey got in the way. So in belated celebration of the new Labor year, I now provide to you a checklist for the coming year as our New Year gift.

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  • 10
  • January
  • 2017

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Government Contracts: Be Careful What You Wish For

In what may be the last gasp of the Obama-era Department of Labor (DOL), the DOL filed suit against Google to force the company to divulge certain compensation data for EEO compliance purposes. The DOL’s complaint goes nuclear and seeks to cancel all of Google’s existing federal contracts and bar Google and its officers from receiving any such contracts in the future. Google has refused the DOL’s requests over the past year, and claims they are overbroad and seek information that is confidential. This is an important case to watch but, in the meantime, the dispute highlights important issues employers should be aware of when entering into government contracts and subcontracts.

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The First 100 Days: How Soon Will Workplace Regulations Change Under President Trump?

Under President Obama, a number of government agencies that regulate the workplace were particularly active. OSHA, the EEOC, the DOL, the NLRB and the OFCCP all reached out and touched a number of issues in the workplace. And in areas where the agency could not act, and Congress would not act, the President used executive orders to supplement formal regulation, particularly as to the workplaces of government contractors. The question we are asked, almost daily now, is what among all of those agency actions and executive orders will change in the Trump presidency and how quickly such change will occur.

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All Change? What the Election Result Could Mean for Federal Contractors

As the dust settles following the presidential election, one of the questions that federal government contractors and subcontractors will be asking themselves is which, if any, of President Obama’s executive orders affecting labor and employment matters will survive in the new Trump Administration. For example, will Ivanka Trump’s advocacy of wage equality help preserve initiatives such as President Obama’s proposal to collect summary pay data from employers to help identify equal pay issues? Or will such initiatives be swept aside in the first few days of the Trump presidency?

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  • 08
  • September
  • 2016

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Diagnosis: Another Executive Order Causes Government Contractors Nightmares and Loss of Appetite

If your business is a federal government contractor or subcontractor, do not read this before bedtime or mealtime. The U.S. Department of Labor has published the much-anticipated final rule implementing the Fair Pay and Safe Workplaces Executive Order, which will go into effect on October 25, 2016. Any businesses entering into new government contracts after that date may have to contend with new compliance burdens on certain covered contractors and subcontractors.

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Contributors

Thomas H. Wilson

Thomas H. Wilson Partner

Christopher V. Bacon

Christopher V. Bacon Counsel

Sean Becker

Sean Becker Partner

Stephen M. Jacobson

Stephen M. Jacobson Partner

Martin C. Luff

Martin Luff Counsel

Lawrence S. Elbaum Partner

S. Grace Ho

S. Grace Ho Counsel

Jacob D. Ecker

Jacob D. Ecker Associate

Robert Sheppard

Robert Sheppard Associate