May 23, 2024
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Category: Compliance Reporting and Recordkeeping

DOL’s Brief to Ninth Circuit in EEO-1 Data FOIA Litigation Defends Nondisclosure

The Office of Federal Contract Compliance Programs (OFCCP) should not be required to disclose the EEO-1 data of federal contractors that objected to the data’s release, the Labor Department told a federal appellate court in a brief filed May 9, 2024. In Center for Investigative Reporting v. U.S. Department of Labor, the U.S. District Court for the Northern District of...
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May 16, 2024
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Category: AAP

OFCCP Files Formal Request With OMB To Extend Use of Contractor Portal

The Labor Department’s Office of Federal Contract Compliance Programs on May 13, 2024, submitted a formal request to the White House Office of Management and Budget (OMB) to renew its contractor portal for three years. Since 2022, federal contractors and subcontractors have used the portal, an online tool, to certify their affirmative action programs (AAPs). OFCCP announced in December 2023...
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May 09, 2024
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Category: CP Featured

OFCCP Publishes Helpful Guidance on Use of Artificial Intelligence

A new guidance document from the Labor Department’s Office of Federal Contract Compliance Programs may prove helpful to federal contractors. Artificial Intelligence and Equal Employment Opportunity for Federal Contractors concerns the use of artificial intelligence and other automated systems in the employment context. The guidance responds to President Biden’s Executive Order 14110, which directs federal agencies to develop policies for...
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May 07, 2024
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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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April 30, 2024
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Category: Comment Letter

CWC Comments Urge OFCCP To Amend Proposed Construction Contractor Scheduling Letter

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, wrote a comment letter to the Labor Department’s Office of Federal Contract Compliance Programs urging OFCCP to abandon expansive changes it is proposing to the Scheduling Letter through which it notifies federal construction contractors of an upcoming compliance evaluation. OFCCP solicited public comments on its proposed changes, as required...
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April 25, 2024
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Category: Comment Letter

CWC Comments to OFCCP Question Need for Reinstatement of Construction Contractor Form CC-257

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has submitted comments to the Labor Department’s Office of Contract Compliance Programs (OFCCP) on its proposal to reinstate a monthly version of its long-discontinued Utilization Report (Form CC-257) for federal construction contractors and subcontractors. CWC’s comments support OFCCP’s efforts to improve the process for scheduling federal contractors for compliance...
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April 10, 2024
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Category: AAP

OFCCP Opens 2024 Contractor Portal for Annual AAP Certifications, Deadline Is July 1

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has opened its online Affirmative Action Program Verification Interface Portal (“contractor portal”) through which covered federal contractors must certify their compliance with the agency’s AAP requirements. Certifications must be completed by July 1, 2024. CWC’s review of OFCCP’s contractor portal landing page, Frequently Asked Questions (FAQs), and User Guide reveals that the registration and certification...
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April 08, 2024
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Category: Comment Letter

CWC Files Comments on Proposed Federal Contractor Pay Transparency Regulations

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has filed comments with the White House Office of Federal Procurement Policy (OFPP) and the Federal Acquisition Regulatory (FAR) Council in response to the proposed rule on Pay Equity and Transparency in Federal Contracting. The proposal would require contractors to disclose salary and benefits in advertisements for jobs to be...
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April 02, 2024
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Category: Affirmative Action and Diversity

OFCCP Resets Annual Vets Hiring Benchmark at 5.2%, Down 0.2% From 2023

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has updated its annual Vets Hiring Benchmark to 5.2%. The annual benchmark represents the national percentage of veterans in the civilian labor force. Most federal contractors use it to measure whether their hiring of protected veterans complies with OFCCP’s affirmative action regulations under the Vietnam Era Veterans’ Readjustment Assistance...
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March 13, 2024
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Category: Affirmative Action and Diversity

OFCCP Intends To Expand Burdensome Construction Contractor Scheduling Letter, Form CC-314

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has announced that it wants to expand the scheduling letter and itemized listing by which it notifies federal construction contractors of a compliance audit. OFCCP also intends to add reporting items to Form CC-314, the Construction Contract Award Notification Requirement. These developments are consistent with the agency’s increased scrutiny of federal...
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