Exercising his authority pursuant to an internal order issued by his predecessor, Secretary of Labor Marty Walsh has formally reversed a ruling of his own Administrative Review Board (ARB) issued back in February in the case of Office of Federal Contract Compliance Programs (OFCCP) v. Convergys Customer Management Group, Inc.
In a bang-bang series of developments, at least by DOL administrative enforcement standards, the ARB back in February reversed a decision in favor of OFCCP issued by a Labor Department administrative law judge (ALJ) just weeks after the ALJ issued his ruling. Then within days after the ARB ruled, Secretary of Walsh intervened in the case and set aside the ARB’s ruling so that he could “undertake further review.” Walsh has now issued his merits determination.
Secretary Walsh’s decision to reverse the ARB in OFCCP v. Convergys, which DOL says was taken “in the interest of judicial economy and a desire to ensure compliance with EO 11246, VEVRAA, and Section 503 as swiftly as possible,” is the first exercise of this power in an OFCCP case taken pursuant to Secretary of Labor Order 01-2020.
Members of the Center for Workplace Compliance (CWC) can read more here.