Helping individuals, companies, and organizations understand key legal and practical considerations for promoting compliance and making better business decisions in these types of federal, state, and local government contracting matters MORE

On August 18, 2022, the Office of Federal Contract Compliance Programs (“OFCCP”) issued “Advancing Pay Equity Through Compensation Analysis,” a revision to Directive 2022-01, “Pay Equity Audits.” The revised Directive states that in order to determine that a contractor has satisfied its obligation to conduct a compensation analysis under 41 CFR § 60-2.17(b)(3), OFCCP requires certain documentation. Although the original Directive used the phrase “pay equity audit” to refer to contractors’ obligations under 41 CFR § 60-2.17(b)(3), this revised Directive instead uses the term “compensation analysis” to avoid any confusion regarding the nature of a contractor’s obligations.

Three things to know about the revised Directive:

Continue Reading OFCCP Revises Directive on Pay Equity Audits / Compensation Analysis

Effective Compliance Evaluations and Enforcement

On March 31, 2022, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a new directive concerning enforcement of its equal employment opportunity laws. The new directive, DIR 2022-02, Effective Compliance Evaluations and Enforcement, provides updated guidance on agency compliance evaluation policies and expectations for

The U.S. Small Business Administration (SBA) preference programs can be vital for small businesses trying to compete in the potentially lucrative world of U.S. government contracting, but participation in these programs is not without risk.  Indeed, the programs can be fraught with peril and contain many landmines for those who do not understand and diligently comply with applicable small business program requirements.

Continue Reading Small Business Government Contractors Need to Watch Out for Increasing Criminal and False Claims Act Liability in Small Business Government Contracting Programs

On Tuesday, January 12, 2021, the U.S. Attorney’s Office for the Eastern District of California announced the first, and long-anticipated, civil settlement resolving allegations of fraud involving the Paycheck Protection Program (PPP). Up until last week, PPP enforcement primarily involved egregious criminal matters resulting from brazen, “low-hanging fruit” violations, but Brigham Taylor and SlideBelts, Inc.

The American Bar Association Public Contract Law Section (PCLS) will be hosting the 2020 Public Procurement Symposium from Wednesday, November 18 to Friday, November 20, 2020. This virtual Symposium will feature industry leaders covering a wide range of hot topics in government contracting, including impacts of COVID-19 on federal contracting, investigations and enforcement matters in