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President Trump has signed another Executive Order (EO) banning “racially discriminatory DEI activities.” Contractors will be required to acknowledge compliance with multiple obligations, including potential access to books, records, and accounts, as well as for oversight of their subcontractors. The new EO further defines “racially discriminatory DEI activities” and “program participation.” Based on the newly […]
The U.S. Department of Justice (DOJ), Civil Division is sending civil investigative demands (CIDs) to federal contractors seeking information on their diversity, equity, and inclusion (DEI) practices under its authority to investigate False Claims Act (FCA) claims. Flowing from President Trump’s Executive Order 14173, which seeks to limit DEI efforts, the DOJ recently launched the […]
Recreational touring companies are seeking U.S. Supreme Court review of the U.S. 10th Circuit Appeals Court decision upholding President Joe Biden’s $15 minimum wage requirement for federal contractors. The companies claim the wage hike was beyond the president’s authority under the Procurement Act. According to the companies, the “legal problem the mandate creates is straightforward: […]
On August 8, 2023, the U.S. Department of Labor (DOL) issued new regulations addressing prevailing wage requirements under the Davis-Bacon Act (DBA). The final rule alters how the DOL will calculate the prevailing wage applicable to a given classification and makes additional significant changes to the DBA regulatory scheme. 50% Rule Replaced by 50%/30% Rule Under […]
In two related cases, the U.S. Supreme Court ruled 6-3 on June 29 that using race as a factor in university admissions violates both the 14th Amendment of the Constitution and Title VI of the Civil Rights Act of 1964. At the root of the Court’s decision is a profound questioning of whether “diversity” and […]
Covered federal contractors have been tasked by the federal government with preventing disparities in pay for their employees based on race, gender, and ethnicity. To prevent such disparities, the Office of Federal Contract Compliance Programs (OFCCP) under the U.S. Department of Labor (DOL) requires federal contractors to annually conduct an in-depth compensation analysis.
Last fall, we were furiously drafting mandatory COVID-19 vaccine policies for a variety of employers, including healthcare facilities, employers with more than 100 employees, and federal contractors. With the back and forth of whether a court would block implementation of the Biden administration’s vaccine mandates, many of those policies were left in a state of […]
Two deadlines for federal reports and certifications are quickly approaching. Read on to learn whether you’re covered and what you must do to stay in compliance. 2021 EEO-1 Report In early April 2022, the Equal Employment Opportunity Commission (EEOC) announced the opening of the 2021 EEO-1 Component 1 data collection, meaning the following federal contractors […]
Last fall, the Office of Federal Contract Compliance Programs (OFCCP) received approval from the Office of Management and Budget (OMB) to implement a new online platform—the Affirmative Action Program Verification Interface (AAP-VI)—to collect information from covered federal contractors (including covered subcontractors) about their AAPs. Read on to learn when the portal will go live, although […]
A new proposed rule from the U.S. Department of Labor (DOL) pushes a $15-an-hour minimum wage for certain federal contractors deeper into the pipeline.