OFCCP Week In Review: March 13, 2015

The “OFCCP Week in Review” is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment published every Friday. Here are this week’s developments:

March 6, 2015: U.S. DOL SENT ITS COMMENTS TO OMB RE THE COMING FAIR PAY AND SAFE WORKPLACES RULES: Known as the “Blacklisting” regulations implementing President Obama’s July 31, 2014 Executive Order 13673, the Labor Department has now privately sent its comments to the Office of Management & Budget concerning forthcoming Rules to govern what will be required on bids for federal contracts, including certifications that the contractor has been compliant for 3 years with 14 employment law statutes – including Executive Order 11246, Section 503 and Section 4212 (VEVRAA). Please see this link to my December 11, 2014 DirectEmployers (DE) Webinar PowerPoint (Recent Significant OFCCP Developments and How These Changes Affect You) at pp. 74-80, inclusive:

March 9, 2015: FEDERAL AGENCIES MAY NOW WILLY-NILLY CHANGE THEIR INTERPRETATIONS WITHOUT NOTICE: A (surprisingly) unanimous United States Supreme Court handed down a very significant administrative law decision freeing federal agencies, like OFCCP, to change their interpretations of both longstanding policies and existing regulations without either formal notice to the public or seeking comment from the regulated community. Perez v. Mortgage Brokers’ Assn., 13-1041. This case decision is of such importance that I’m writing my March blog for DE on this case and what it means as a practical matter for contractor compliance and OFCCP audits.

THIS COLUMN IS MEANT TO ASSIST IN A GENERAL UNDERSTANDING OF THE CURRENT LAW AND PRACTICE RELATING TO OFCCP. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. COMPANIES OR INDIVIDUALS WITH PARTICULAR QUESTIONS SHOULD SEEK ADVICE OF COUNSEL.

Reminder: If you have specific OFCCP compliance questions and/or concerns or wish to offer suggestions about future topics for the OFCCP Fox Report, please contact your membership representative at 866-268-6206 (for DE members), or send an email to Candee Chambers at candee@directemployers.org with your ideas.

Looking to learn more about the regulations and network with other OFCCP compliance professionals? Attend the DirectEmployers 2015 Annual Meeting & Conference in addition to the Affirmative Action Briefing pre-conference event taking place May 13-15, 2015 in Indianapolis! Learn more and register at DEAM15.DirectEmployers.org.

Receive OFCCP compliance alerts and updates right on your phone! Text the word compliance from your mobile phone to 55678 (all applicable charges and fees set by your cell phone carrier will apply).

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John C. Fox

President and Partner at Fox, Wang & Morgan P.C.

Mr. Fox has extensive trial experience, having spent more than 400 days in trial. Mr. Fox was also lead trial counsel in the first of the six wage-hour class actions known to have been tried in California and was lead trial counsel in what are believed to have been the two largest disability law suits in the United States. He is an across-the-board employment lawyer representing management nationwide.

OFCCP Week In Review: March 13, 2015

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