On September 22, 2020, President Donald Trump issued an executive order on Combatting Race and Sex Stereotyping that the president purports is necessary to combat the “destructive ideology” that is “rooted in the pernicious and false belief that America is an irredeemably racist and sexist country; that some people, simply on account of their race
Government Contractors Susceptible to Increased Liability as Joint Employers After Court Strikes Portions of DOL’s New Joint-Employer Rule
On September 8, 2020, Judge Gregory Woods in the United States District Court for the Southern District of New York struck down the majority of the U.S. Department of Labor’s (DOL) “joint-employer” rule concerning what it takes to be considered a joint employer under the Fair Labor Standards Act (FLSA). The decision has a significant
Are You Due for an OFCCP Audit?
The Office of Federal Contract Compliance Programs (OFCCP) just posted its list of companies that are scheduled for an audit of their affirmative action programs here: https://www.dol.gov/agencies/ofccp/foia/library (click on the FY 2020 CSAL links). This is essentially a heads-up from the OFCCP that the contractors listed should be prepared to receive formal notice of an
OFCCP Developments During the COVID-19 Pandemic
Since the COVID-19 pandemic started materially affecting contractors in March, the Office of Federal Contract Compliance Programs (“OFCCP”) has continued its practice of conducting audits, providing resources and assistance, and enforcing affirmative action and non-discrimination requirements, but in different and more limited mediums.
OFCCP continues to conduct audits, but in lieu of physical site visits,
End to EEO-1 Component 2 Pay Data Reporting for Now…
On February 10, 2020, in National Women’s Law Center v. Office of Management and Budget, the U.S. District Court for the District of Columbia ordered the Equal Employment Opportunity Commission’s (EEOC’s) collection of gender and race pay data complete. This marks the end of a long-fought battle that has been raging since 2016 over