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Category: Affirmative Action and Diversity

OFCCP Proposes Rescinding Regulations Interpreting E.O. 11246

The Labor Department’s Office of Federal Contract Compliance Programs has formally proposed rescinding its regulations that implemented and interpreted Executive Order 11246. President Trump rescinded that order when he signed E.O. 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity. Under the proposed rule, the following provisions would be removed from Title 41 of the Code of Federal Regulations: Obligations of Contractors and Subcontractors...
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Category: AAP

OFCCP Seeks Confirmation Contractors Have “Wound Down” E.O. 11246 AAPs

The Office of Federal Contract Compliance Programs has reopened its contractor portal and is asking federal contractors to voluntarily submit confirmation that they have wound down their Executive Order 11246 affirmative action programs (AAPs). OFCCP Director Catherine Eschbach issued a letter to federal contractors requesting them to voluntarily upload — by September 25, 2025 — information regarding their efforts to wind down...
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Category: Agency Enforcement

Transportation Department Will Enforce English Language Standards for Commercial Truck Drivers

The Trump Administration has announced that it will resume enforcing English language proficiency rules for commercial truckers. Executive Order 14286, issued April 28, gave the Transportation Department’s Federal Motor Carrier Safety Administration 60 days to issue new guidance. The new guidance, announced May 20, calls for commercial motor vehicle drivers who fail to meet FMCSA’s longstanding English-language proficiency requirements to be...
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Category: Executive Order

Ninth Circuit Rules Federal Contractor Minimum Wage Increase Exceeded Biden’s Authority

President Biden exceeded his authority by issuing Executive Order 14026 raising the federal contractor minimum wage to $15 per hour, a federal appeals court ruled November 5 in Nebraska v. Su. The U.S. Court of Appeals for the Ninth Circuit also held that the U.S. Department of Labor acted arbitrarily and capriciously when it published implementing regulations. The Ninth Circuit...
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Category: Compensation

DOL Announces Federal Contractor Minimum Wage Rates To Increase on January 1, 2025

The minimum wage rates for work performed on some government contracts will increase January 1, 2025, the U.S. Department of Labor announced September 30, 2024. The rate on government contracts subject to President Obama’s Executive Order 13658—which governs government contracts entered into, renewed, or with options exercised before January 30, 2022—will increase from $12.90 to $13.30. The rate on contracts...
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Category: Executive Order

Biden’s New “Good Jobs” E.O.: Another Version of Union-Friendly “High Road”

President Biden has issued Executive Order 14126, which will require designated federal agencies to consider an employer’s labor and employment practices when awarding federal financial assistance under several recent laws. The E.O. applies to the selection of projects by “implementing agencies” for entities receiving “federal financial assistance” from the “Investing in America agenda.” By limiting coverage to grants, loans, and...
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Category: Executive Order

Federal Appeals Court Upholds Biden’s Federal Contractor Minimum Wage

President Biden had the authority to establish a minimum wage for federal contractors that exceeds the federal statutory minimum wage, the U.S. Court of Appeals for the Tenth Circuit ruled April 30, 2024. In Bradford v. DOL, the Tenth Circuit became the first federal appeals court to rule on a challenge to the federal contractor minimum wage, although appeals are...
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Category: Executive Order

FAR Council Issues Final Rule Implementing 2022 Biden PLA Executive Order

The Federal Acquisition Regulatory (FAR) Council has issued a final rule directing federal agency contracting officers to insert a project labor agreement (PLA) requirement into most solicitations or prime contracts that will cost the government at least $35 million. The rule implements a 2022 Executive Order (E.O. 14063) from President Biden that essentially mandates the use of union labor on...
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Category: Artificial Intelligence

Sweeping New Biden Executive Order on AI Carves Out Role for Labor Department

President Biden has issued a wide-ranging executive order directing federal executive branch agencies to develop policies that manage the risks of artificial intelligence while recognizing its potential. Officially titled “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence,” E.O. 14110 was signed October 30, 2023. This memo focuses on the ramifications for the Department of Labor (DOL) and its...
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Category: Executive Order

DOL Announces Federal Contractor Minimum Wage Rates To Increase on January 1, 2024

The minimum wage rates for work performed under specified government contracts will increase January 1, 2024, the U.S. Department of Labor (DOL) recently announced. The minimum wage under contracts subject to E.O. 13658 (President Obama’s executive order relating to certain government contracts entered into, renewed, or with options exercised before January 30, 2022), will increase from $12.15 to $12.90. The...

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