July 01, 2025
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Category: Affirmative Action and Diversity

OFCCP Proposes Eliminating Disability Self-Identification and Analysis Requirements

The Office of Federal Contract Compliance Programs is proposing to eliminate longstanding disability compliance requirements, including self-identification, utilization analyses, and applicant tracking. If approved, OFCCP’s two Notices of Proposed Rulemaking (NPRM) would modify agency regulations that implement the nondiscrimination and affirmative action requirements of Section 503 of the Rehabilitation Act (Section 503) and Section 4212 of the Vietnam Era Veterans...
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July 01, 2025
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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 President Trump rescinded that order when he signed E.O. 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity.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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June 25, 2025
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Category: Affirmative Action and Diversity

OFCCP Seeks OMB Permission To Rescind E.O. 11246 Regulations

The White House Office of Management and Budget is reviewing a proposed rule that would rescind the OFCCP regulations implementing Executive Order 11246. Issued in 1965, E.O. 11246, as amended, prohibited federal contractors from discriminating in employment on the basis of race and sex, among other characteristics, and required contractors to take affirmative action to prevent such discrimination. President Trump revoked E.O....
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January 15, 2025
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Category: Agency Enforcement

EEOC Revises Rule Governing EEO Reporting Exemptions

The EEOC issued a final rule January 10, 2025, revising its regulations governing hardship exemptions from annual EEO-1 reporting.   To be exempt from EEO reporting requirements, an employer must show undue hardship. Previously, EEOC Commissioners voted on exemption applications. Now, however, the Chief Data Officer will process applications. Under the new rule, an exemption is more likely to be granted when: The filer...
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January 14, 2025
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Category: Compensation

Biden Administration Withdraws Proposed Federal Contractor Pay Transparency Rule

The Biden Administration has withdrawn its proposed federal contractor pay transparency regulations. The regulations would have prohibited federal contractors from considering job applicants’ compensation history and would have required contractors to disclose the compensation for work on federal contracts in their job advertisements. The Biden Administration has also withdrawn the government-wide procurement policy, adopted in response to Executive Order 14069, on which the...
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January 13, 2025
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Category: Agency Enforcement

National Highway Traffic Safety Administration Finalizes New Bounty Hunter Program

The National Highway Traffic Safety Administration has published a final rule implementing its bounty hunter program. The rule provides that NHTSA may pay a monetary award to a whistleblower who provides original information that leads to the successful resolution of an enforcement action for violations of laws related to the manufacture or sale of motor vehicles and motor vehicle equipment. The...
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January 06, 2025
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Category: Agency Enforcement

Last Biden Regulatory Agenda Shows Limited Progress on Employment-Related Regulations

The Biden Administration has published the Fall 2024 semi-annual regulatory agenda. The unveiling of the current administration’s final regulatory agenda is largely an academic exercise in view of the Trump Administration’s imminent arrival, but it shows that the Biden Administration made little progress on workplace regulatory priorities in the last few months. According to the agenda: EEOC had planned to...
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January 02, 2025
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Category: Immigration

DHS Issues Another Rule Seeking To Modernize the H-1B Visa Program

The U.S. Citizenship and Immigration Services (USCIS) component of the Department of Homeland Security (DHS) has published a second final rule aimed at modernizing the H-1B specialty occupation visa program. The “Modernizing H-1B Requirements” final rule goes into effect January 17, 2025. In February 2024, USCIS published the first part of its H-1B modernization rule, which implemented a new lottery process to reduce fraud....
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December 09, 2024
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Category: DOL

DOL Appears To Abandon Its Attempt To Overhaul the Registered Apprenticeship Program

The Biden Administration appears to be giving up on its attempt to overhaul the regulations governing registered apprenticeship programs. The Labor Department published its proposed rule on January 17, 2024, and in June sent a draft of the final regulations to the White House Office of Management and Budget for approval. On November 27, 2024, OMB posted on its website that the...
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December 05, 2024
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Category: Disability, Accommodations, and Leaves

DOL Proposes Phasing Out Subminimum Wages for People With Disabilities

DOL’s Wage and Hour Division published a proposed rule December 4 that would phase out the Section 14(c) certificate program that allows employers to pay less than the minimum wage to individuals with disabilities. If the proposed rule were adopted in its current form, applications sent on or after the rule’s effective date would be ignored, and existing certificates would...
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