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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March 05, 2024
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Category: Compliance Reporting and Recordkeeping

OFCCP To Reinstate Burdensome Reporting Requirement for Construction Contractors

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has announced its intent to reinstate a revised version of its long-discontinued Form CC-257. If implemented, the revised Monthly Employment Utilization Report will require covered federal construction contractors and subcontractors to report data each month on headcount and work hours by race, ethnicity, sex, and construction trade. OFCCP stopped...
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February 26, 2024
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Category: Compliance Reporting and Recordkeeping

Disclosure of Federal Contractor EEO-1 Reports on Hold After DOL Appeals

A federal court has temporarily stayed its order from December 2023 forcing the Department of Labor (DOL) to release EEO-1 reports from federal contractors that objected to the data’s release. The case arose from a news organization’s Freedom of Information Act (FOIA) request. The U.S. District Court for the Northern District of California on February 16, 2024, put on hold...
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February 26, 2024
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Category: Compensation

OFCCP Publishes FAQs on Using Pay History in Making Employment Decisions

As part of the Biden administration’s effort to keep pay equity in the forefront as a domestic policy priority, the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has published a set of 10 Frequently Asked Questions (FAQs) that reiterate longstanding employment law principles on the role of pay history in employment decisions. OFCCP issued the FAQs on January...
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February 15, 2024
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Category: Comment Letter

CWC’s Comments to OFCCP Urge Burden-Easing Changes to Contractor Portal

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has filed written comments with the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) urging it to reduce the compliance burden posed by its contractor portal. CWC’s comments responded to the agency’s announced intent to seek  approval from the White House Office of Management and Budget (OMB) to...
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February 01, 2024
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Category: Compensation

Biden Administration Proposes Pay Range Disclosure Rule for Federal Contractors

The Federal Acquisition Regulatory (FAR) Council has proposed a new pay transparency rule that would require federal contractors to disclose pay ranges for all open jobs on or in connection with covered federal contracts. Two years after President Biden issued an Executive Order calling for pay transparency in federal contracting, the Biden Administration published its proposal in the Federal Register on January...
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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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