September 06, 2023
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Category: Agency Enforcement

OFCCP Sues DISH Network Over Suspended 2018 Audits

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has filed a formal enforcement action against DISH Network, alleging that since 2018 the company has rebuffed OFCCP’s attempts to schedule its establishments for compliance evaluations. OFCCP initially declined to proceed with a formal enforcement action due to lack of jurisdiction, but the complaint asserts that DISH has once again...
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August 29, 2023
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Category: Agency Enforcement

EEOC Approves New Five-Year Strategic Plan

The Equal Employment Opportunity Commission (EEOC or Commission) has adopted a new five-year Strategic Plan for fiscal years (FY) 2022-2026. The plan is nearly identical to the draft plan that the agency published for public comment last November. Now that the Strategic Plan is finalized, the EEOC is likely to soon finalize its five-year Strategic Enforcement Plan (SEP). The SEP...
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August 28, 2023
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Category: Agency Enforcement

OMB Approves OFCCP’s Burdensome New Scheduling Letter

The White House Office of Management and Budget (OMB) has approved major changes to the Scheduling Letter used by the Office of Federal Contract Compliance Programs (OFCCP) to schedule federal contractors for routine compliance audits. The new version of the letter, which will be valid through August 31, 2026, will substantially increase a contractor’s burden of providing data to the...
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July 31, 2023
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Category: Agency Enforcement

OMB Seeks More Public Input Into Regulatory Process, as House Approves Major Reg Reform Bills

Illustrating the wide divide between the political parties regarding federal rulemaking, the Biden Administration is seeking greater public input into the current regulatory process while House Republicans want to completely overhaul it. The White House Office of Management and Budget (OMB) has instructed federal regulatory agencies to try to broaden public participation and community engagement in the regulatory process. Meanwhile,...
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July 11, 2023
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Category: Agency Enforcement

OFCCP’s Administrative Litigation Activity Remains Fairly Low

More than two years into the Biden Administration, the Office of Federal Contract Compliance Programs (OFCCP) still hasn’t shown the level of formal enforcement activity from that we anticipated from the agency during the Biden Administration. Last October, the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, reported that the Biden Labor Department’s OFCCP had filed two formal...
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July 07, 2023
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Category: Agency Enforcement

What Does Congress’ Debt Limit Agreement Mean for the Workforce Enforcement Agencies?

The debt limit agreement reached by Congress and signed by President Biden June 3, 2023, calls for cuts in discretionary federal spending during the next two years. The debt limit deal does not dictate where budget cuts should be made, so the final decisions will occur through the annual Congressional appropriations process. Funding for most agencies that regulate the workforce...
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June 21, 2023
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Category: Agency Enforcement

Latest Biden Regulatory Agenda Lists No New Workplace Initiatives

The Biden Administration’s latest semi-annual regulatory agenda, published on June 13, 2023, lists no new initiatives related to workplace compliance, as many of the initiatives it announced previously remain bogged down pending final action. This memo summarizes the latest workplace-related regulatory agendas of the Department of Labor (DOL) and its sub-agencies, such as the Office of Federal Contract Compliance Programs...
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June 19, 2023
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Category: Agency Enforcement

EEOC’s Final FY 2022 Enforcement Numbers Show Big Jump in Charges Filed

Final enforcement and litigation statistics published by the Equal Employment Opportunity Commission (EEOC) for fiscal year (FY) 2022 show that the agency received 73,485 charges of discrimination last year, a 20% increase from the previous year. The statistics for FY 2022 (which ran from October 1, 2021, to September 30, 2022) counter a five-year decrease in charge filings and were...
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June 14, 2023
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Category: Agency Enforcement

OFCCP Posts “CSAL” Targeting 250 Construction Contractor Establishments for Compliance Audits

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has posted a new Corporate Scheduling Announcement List (CSAL) identifying 250 federal and federally assisted construction contractors and subcontractors that are flagged for an upcoming compliance evaluation. According to the accompanying methodology posted by OFCCP, the new list consists of construction contractors “with the highest aggregated contract value for all contract work performed in...
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June 13, 2023
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Category: Agency Enforcement

NLRB GC Abruzzo Tells Field Staff That Non-Compete Agreements Likely Violate the NLRA

The National Labor Relations Board’s (NLRB) General Counsel Jennifer Abruzzo has issued a memorandum to the NLRB’s field staff expressing her view that non-compete agreements (NCAs) violate the National Labor Relations Act (NLRA) and asking them to find a case for her office to prosecute. Memorandum GC 23-08 follows a ruling earlier this year (McLaren Macomb) in which the NLRB’s Democratic majority...
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