Insights

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Category: Compensation

New Biden E.O. Instructs Contracting Agencies To Consider Salary History Ban

Last week, as part of the White House commemoration of “Equal Pay Day,” an annual event created by pay equity advocates to draw attention to gender-based pay disparities, President Biden signed a new Executive Order (E.O.) directing federal contracting agencies to consider whether and to what extent federal contractors should be prohibited from considering applicant salary history information as part...
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Category: Government Contracts

DOL’s Proposed Davis-Bacon Regulatory Revisions Would Benefit Union Construction Contractors

The U.S. Department of Labor (DOL) has proposed a significant overhaul of the regulations implementing the Davis-Bacon Act (DBA) and Davis-Bacon Related Acts for the first time in 40 years. Not surprisingly given President Biden’s frequently expressed desire to be known as the most pro-labor president in history, if implemented, these changes are likely to significantly increase the use of...
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Category: Affirmative Action and Diversity

New OFCCP Directive Instructs COs To Review Contractors’ “Pay Equity” Analyses

In the first agency directive issued since she was appointed, Office of Federal Contract Compliance Programs (OFCCP) Director Jenny Yang has instructed OFCCP compliance officers (COs) to collect and analyze federal contractors’ “pay equity audits” during routine compliance evaluations, regardless of whether those studies were conducted with the assistance of in-house or outside counsel under the “attorney-client privilege” or “attorney...
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Category: Agency Enforcement

EEOC, DOL, NLRB Once Again Promote Their Inter-Agency Anti-Retaliation Initiative

Top officials from the U.S. Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor (DOL), and the National Labor Relations Board (NLRB) recently held a second online discussion on their joint, inter-agency initiative to raise awareness about workplace retaliation, particularly with respect to so-called vulnerable populations (i.e., migrant workers, workers with limited-English proficiency, and low-wage workers). The February 24...

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