New York Labor And Employment Law Report

New York Labor And Employment Law Report

Category Archives: Federal Contractors

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Federal Contractors Required to Use New Disability Self-Identification Form

Posted in Affirmative Action, Federal Contractors
The revised Regulations of Section 503 of the Rehabilitation Act (which became effective in March 2014) required Federal contractors and subcontractors to invite applicants and employees to self-identify their disability status using an Office of Federal Contract Compliance (OFCCP) prescribed form:  (1) at the pre-offer stage of the application process, (2) post-offer after an applicant is offered… Continue Reading

USDOL Issues Final Rule Implementing Paid Sick Leave for Certain Federal Contractors

Posted in Federal Contractors
On September 29, the U.S. Department of Labor announced the issuance of its final rule implementing Executive Order 13706, which requires certain Federal contractors to provide at least 56 hours of paid sick leave per year to all employees (both hourly and salaried employees) working on Federal contracts.  The final rule was published in the… Continue Reading

Proposed Regulations Issued for Paid Sick Leave Executive Order

Posted in Federal Contractors
As previously reported on this blog, President Obama signed Executive Order 13706 in September 2015, requiring certain federal contractors and subcontractors to provide at least seven paid sick days per year to employees (both hourly and salaried) working on federal contracts.  Recently, on February 25, 2016, the United States Department of Labor (DOL) issued a… Continue Reading

OFCCP’s New Pay Transparency Rule: Are You Prepared?

Posted in Affirmative Action, Federal Contractors
As we reported in a previous blog post, the Office of Federal Contract Compliance Programs (“OFCCP”) Final Rule implementing Executive Order 13665 (titled Non-Retaliation for Disclosure of Compensation Information) took effect on January 11, 2016.  This Executive Order amended Executive Order 11246 by prohibiting Federal contractors from discharging or discriminating against employees or applicants who inquire about,… Continue Reading

OFCCP Issues Final Rule Prohibiting Pay Secrecy Policies and Actions By Federal Contractors

Posted in Federal Contractors
The Office of Federal Contract Compliance Programs (“OFCCP”) issued its Final Rule last week implementing Executive Order 13665 (entitled Non-Retaliation for Disclosure of Compensation Information).  Executive Order 13665 amends Executive Order 11246 by prohibiting federal contractors from discharging or discriminating against employees or applicants who inquire about, discuss, or disclose their own compensation or the compensation… Continue Reading

President Obama Signs Executive Order Requiring Federal Contractors to Provide Paid Sick Leave

Posted in Federal Contractors
President Obama signed an Executive Order on September 7, 2015, requiring that Federal contractors provide at least seven days of paid sick leave per year to employees working on Federal contracts and subcontracts that are solicited or awarded on or after January 1, 2017.  According to a White House Fact Sheet summarizing and explaining the rationale… Continue Reading

OFCCP Issues Final Rule Protecting Workers From Discrimination Based on Sexual Orientation and Gender Identity

Posted in Employment Discrimination, Federal Contractors
In early December, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) announced the issuance of its final rule implementing Executive Order 13672, which amends Executive Order 11246 by prohibiting Federal contractors from discriminating against employees or applicants based on their sexual orientation or gender identity.  The final rule was published in the… Continue Reading

OFCCP Proposes Rule Regarding Annual Submission of Employee Compensation Data

Posted in Federal Contractors
On August 6, 2014, the Office of Federal Contract Compliance Programs (“OFCCP”) issued a proposed rule requiring covered Federal contractors and subcontractors with more than 100 employees to submit an annual Equal Pay Report on employee compensation.  Prior to this proposed rule, President Obama signed a Presidential Memorandum on April 8, 2014, instructing the Secretary… Continue Reading

President Obama Signs Fair Pay and Safe Workplaces Executive Order

Posted in Federal Contractors
On July 31, 2014, President Obama signed the “Fair Pay and Safe Workplaces” Executive Order, which requires bidders on federal procurement contracts for goods and services (including construction) in excess of $500,000 to disclose labor law violations that have occurred within the three-year period immediately preceding the bid.  In addition, the Executive Order requires federal contractors to… Continue Reading

President Obama Signs Executive Order Prohibiting Sexual Orientation and Gender Identity Discrimination By Federal Contractors

Posted in Employment Discrimination, Federal Contractors
As expected, President Obama signed an Executive Order today which amends Executive Order 11246 to prohibit federal contractors from discriminating against employees or applicants based on their sexual orientation or gender identity.  The prohibition against discrimination based on sexual orientation is not new to federal contractors who operate in New York State, because the New York Human… Continue Reading

President Signs Executive Order Establishing Minimum Wage For Federal Contractors

Posted in Federal Contractors, Wage and Hour
On February 12, 2014, President Obama signed an Executive Order requiring that all new federal contracts and subcontracts contain a clause specifying that the minimum wage to be paid to workers under those federal contracts and subcontracts must be at least $10.10 per hour beginning January 1, 2015.  The federal contracts and subcontracts covered by this Executive… Continue Reading

Ten Steps Federal Contractors Should Take to Prepare for OFCCP’s Revised Regulations Applicable to Veterans and Disabled Individuals

Posted in Affirmative Action, Federal Contractors
The revised Regulations issued by the Department of Labor, Office of Federal Contract Compliance Programs (“OFCCP”), addressing affirmative action obligations applicable to disabled individuals under the Rehabilitation Act of 1973, as amended (“Section 503”), and to protected veterans pursuant to the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended (“VEVRAA”), become effective March… Continue Reading

OFCCP Increases Its Focus on Compensation Issues

Posted in Affirmative Action, Federal Contractors
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) has significantly increased its focus on employers’ compensation systems during scheduled affirmative action compliance audits.  In fiscal year 2011, OFCCP had 27 compliance evaluations with pay provisions for alleged compensation disparities, totaling $1.06 million in monetary benefits.  In 2010, OFCCP reached 10 settlements… Continue Reading

Federal Contractors Should Prepare for OFCCP’s New Enforcement Efforts

Posted in Affirmative Action, Federal Contractors
Federal contractors may want to start preparing for proposed changes to the regulations issued by the U.S. Department of Labor, Office of Federal Contract Compliance Programs ("OFCCP"), in connection with federal contractors’ affirmative action obligations.  OFCCP expects to have new final regulations in place during 2012, which will increase federal contractors’ obligations regarding veterans and… Continue Reading

Major Changes Proposed for Affirmative Action Plans Covering Individuals with Disabilities

Posted in Affirmative Action, Federal Contractors
The U.S. Department of Labor, Office of Federal Contract Compliance Programs ("OFCCP"), recently issued a proposal to revise the regulations applicable to Section 503 of the Rehabilitation Act of 1973, which requires Federal contractors to take affirmative action to hire, retain, and promote qualified individuals with disabilities.  The proposed changes, if implemented, will substantially increase… Continue Reading

Recent OFCCP and EEOC Enforcement Actions Suggest an Increased Focus on Alleged Discriminatory Hiring Practices

Posted in Employment Discrimination, Federal Contractors, Race Discrimination
Recent complaints filed by the Office of Federal Contract Compliance Programs ("OFCCP") and the Equal Employment Opportunity Commission ("EEOC") against employers suggest that those federal agencies are aggressively pursuing allegations of discriminatory hiring practices.… Continue Reading