January 08, 2024
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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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January 06, 2024
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Category: Agency Enforcement

OFCCP Audits, Financial Recoveries Increased Notably in FY 2023

There were notable increases in the number of audits conducted by the Office of Federal Contract Compliance Programs (OFCCP) and the monetary remedies it obtained in 2023, according to an analysis of OFCCP data performed by the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association. OFCCP completed 1,056 supply-and-service (i.e., non-construction) compliance evaluation audits in fiscal year (FY) 2023, a...
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January 03, 2024
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Category: DOL

DOL Finalizes Rule Reinstating Right of First Refusal Policy on SCA Contracts

The U.S. Department of Labor (DOL) has published a final rule requiring federal contractors and subcontractors on covered service contracts to offer employees employed under a predecessor contract a right of first refusal of employment on a successor contract. The rule will take effect February 12, 2024. It restores a policy implemented by the Obama Administration and reversed by the Trump Administration....
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December 12, 2023
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Category: Compliance Reporting and Recordkeeping

DOL Seeking Routine Three-Year Extension of Current VETS-4212 Report

The Department of Labor’s Veterans Employment and Training Service (DOL-VETS) announced November 28, 2023, that it will ask the White House Office of Management and Budget (OMB) to allow it to keep using the current version of the Federal Contractor Veterans’ Employment Report (VETS-4212) for three more years. Covered federal contractors must file the report with VETS annually. Public comments...
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November 28, 2023
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Category: Compliance Reporting and Recordkeeping

CWC Files “Declaration” Supporting DOL in Ongoing EEO-1 FOIA Litigation

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, filed a declaration with the U.S. District Court for the Northern District of California supporting the objection of the Department of Labor (DOL) to releasing EEO-1 data for which federal contractors claim an exemption under the Freedom of Information Act (FOIA). In response to a request from the Center...
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November 16, 2023
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Category: Discrimination and Harassment

OFCCP Officially Launches New Pre-Complaint Inquiry Form

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has revised its filing process for discrimination complaints to include a new Pre-Complaint Inquiry Form (CC-390). OFCCP hopes that the new form will assist it in weeding out non-meritorious allegations and in evaluating whether OFCCP has proper jurisdiction to investigate the allegations. A description of the revised complaint process and instructions...
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November 07, 2023
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Category: Agency Enforcement

OFCCP Financial Settlement Update – November 2023

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has announced a large batch of financial settlements that it reached with federal contractors during the push to resolve pending investigations by the end of the 2023 fiscal year. Since early October, OFCCP has posted sixteen financial settlements, representing roughly $8 million in awards to victims of alleged discrimination. This...
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October 26, 2023
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Category: Agency Enforcement

CWC’s Side-by-Side Analysis of OFCCP’s New Scheduling Letter and Itemized Listing

In August, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) began using a more burdensome Scheduling Letter and Itemized Listing to notify federal contractors when they are flagged for a compliance evaluation. Federal contractors that are flagged for an audit under the new letter should be prepared to provide a great deal more information than OFCCP previously...
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October 09, 2023
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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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October 02, 2023
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Category: Agency Enforcement

OFCCP Financial Settlement Update – October 2023

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, presents its latest update on major financial settlements that the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP)has announced since January. Since then, OFCCP has posted 12 new financial settlements, awarding more than $2 million to victims of alleged discrimination. This latest round of announced settlements brings monetary...
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