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OFCCP Compliance Week In Review (WIR)

For a full range of topics discussed in this year’s OFCCP Week in Review, visit the Member-exclusive community within DE Connect ›

OFCCP Week In Review: April 24, 2023

OFCCP Week In Review: April 24, 2023

  • OFCCP Released the First 20,000 EEO-1 Files to The Public
  • OFCCP’s Modified Proposal to Revise Scheduling Letter & Itemized Listing Revealed Via Newly Posted Documents
  • Ninth Circuit Became First Court of Appeals to Rule for Biden Administration’s Federal Contractor Vaccine Mandate
  • House & Senate Democrats Reintroduced “Do No Harm Act”
  • Julie Su in the “Hotseat” During Senate HELP Committee Hearing
  • U.S. NLRB Detailed Expansive Potential Remedies for Repeat or Egregious Violations
  • In Brief
  • Looking Ahead: Upcoming Date Reminders
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OFCCP Week In Review: April 24, 2023

OFCCP Week In Review: April 17, 2023

  • OLMS Submitted for OMB Review its Final Rule to Revise Union Persuader Reports to “Out” Federal Contractors
  • EEOC Vice Chair Samuels & Commissioner Sonderling Told DEAMcon23 Attendees that EEO-1 Component 2 Survey Will Soon Return
  • Biden Administration Sought to End Remote Work for Federal Employees
  • Federal Judge Alsup Ordered USDOL’s Lawyers to Prepare an Order Setting Dates & Deadlines for Outstanding FOIA Requests as to Contractor EEO-1 Filings
  • Senator Sanders Announced His Intention to Hold Julie Su’s Controversial Nomination Hearing on April 20: Tough Political Battle in Progress
  • U.S. Supreme Court Issued Unanimous Ruling Allowing Litigants to Go to Federal Court on Certain Constitutional Challenges to Agency Investigations
  • OFCCP Published Second Notice Regarding Proposed Changes to Its Supply & Service Contractor Audit Scheduling Letter & Document Demands
  • In Brief
  • Looking Ahead: Upcoming Date Reminders
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OFCCP Week In Review: April 24, 2023

OFCCP Week In Review: April 10, 2023

  • OFCCP (Silently) Again Updated Its FOIA Objection Portal
  • JOLTS Report: Job Openings Decreased by 632k in February, Rate Dropped to 6.0%
  • Latest DE Talk Podcast Discussed Building Employee Resource Groups to Create Trustworthy Environments to Encourage ID&E Conversations
  • President Biden Issued “Modernizing Regulatory Review” Executive Order
  • Substantially More People in All Race/Ethnic Groups Worked from Home Between 2019-2021, U.S. Census Bureau Reported
  • Economy Added 236k Jobs in March, Unemployment Rate Decreased Slightly to 3.5%
  • In Brief
  • Looking Ahead: Upcoming Date Reminders
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OFCCP Week In Review: April 24, 2023

OFCCP Week In Review: April 3, 2023

  • Senate HELP Committee Advanced Nominations for Kotagal as EEOC Commissioner & Looman as WHD Head
  • OFCCP Leadership Shake-Up: Director Yang and Her Deputy Have Left OFCCP. No Successor Director Yet In Sight
  • U.S. National Institute of Standards and Technology Launched Its Artificial Intelligence Resource Center
  • VEVRAA Hiring Benchmark Dropped Slightly to 5.4%
  • USCIS Updated Policy Guidance on Self-Selecting a Gender Marker on Benefits Forms & Documents
  • OFCCP Held Uneventful Webinar Briefing on Religious Exemption Rule Rescission
  • In Brief
  • Looking Ahead: Upcoming Date Reminders
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OFCCP Week In Review: April 24, 2023

OFCCP Week In Review: March 27, 2023

  • Job Search Website Operator Agreed to Electronically Scan and Remove Language in Job Postings Which Limited Jobs in the U.S. to Foreign Applicants
  • OFCCP Requested Public Comments (Again) on Proposed Changes to Disability Self ID Form
  • OFCCP Quietly Updated (Again) FOIA Objection Submissions Deadline to March 31
  • USDOL WHD Provided Second Comment Period on Proposal to Revise the Existing WD-10 Form for Federal Construction Contractors
  • An Employer’s Failure to Post the Employee Rights Notice Will Now Cost $659 Per Violation
  • USCIS Ended Covid Flexibilities for Response to Certain Notices & Requests
  • In Brief
  • Looking Ahead: Upcoming Date Reminders
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OFCCP Week In Review: April 24, 2023

OFCCP Week In Review: March 20, 2023

  • FTC Jumped into the “Joint-Employer” Fray and Also Broadened Its Attack on Non-Competition Agreements to Franchise Agreements
  • OFCCP’s Congressional Budget Justification Is Chock-Full of Insights Into the Agency’s Future Plans & Past Performance
  • U.S. EEOC Annual Performance Report Touts An Increase In Performance Equivalent to Its Increase in Staffing in FY 2022 While General Counsel Performance Fell off Almost 22% Despite 3% More Lawyers
  • U.S. Justice Department Issued Guidance on FOIA Presumption of Openness
  • President Biden Formally Sent to the U.S. Senate Julie Su’s Nomination to Be the Next Secretary of Labor
  • OFCCP Launched (Again) a Mega Construction Program
  • Biden Administration Marked “Equal Pay Day”
  • With Regulatory Proposal Still Pending, U.S. FTC Announced a 4th Noncompete Enforcement Action This Year
  • U.S. Appeals Court for Third Circuit Ruled PTO Is Not “Salary” Under the FLSA…So, Employers May Dock PTO for Productivity Failures
  • House EWC Chair Foxx & Senator Cassidy Concerned About Validity of Labor Advisors Policy
  • OFCCP Announced AAP Certification Portal to Open March 31 with June 29 Deadline
  • In Brief
  • Looking Ahead: Upcoming Date Reminders
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OFCCP Week In Review: April 24, 2023

OFCCP Week In Review: March 13, 2023

  • OFCCP Requested Public Comments (Again) on OFCCP’s Job Listing, AAP, “Benchmarks for hiring” and Self-ID for Protected Veterans
  • U.S. BLS JOLTS Report Shows Shrinking Jobs Market
  • White House Budget Proposal Is Unrealistic, a Nonstarter for Congress and Sets the Stage for a Political Fight Over the U.S. Debt Ceiling
  • OFCCP Updated FOIA Objection Portal with “Final” Non-Objector List
  • NLRB Rescinded Four Provisions of Trump-Era NLRB Union Election Rule Struck Down by Federal Appellate Court in January
  • USBLS Reports Shrinking U.S. Labor Force; Unemployment Rate Increased to 3.6%
  • Marty Walsh’s Concluded His Time as Secretary of Labor
  • In Brief
  • Looking Ahead: Upcoming Date Reminders
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OFCCP’s Congressional Budget Justification Is Chock-Full of Insights Into the Agency’s Future Plans & Past Performance

In a Courageous Political Act of Folly, The Biden White House Ordered OFCCP to Publish Its Final Rule Rescinding Trump’s Religious Exemption

What’s Really Going On Here Described In The Blog This action to order the publication in Final form of OFCCP’s highly controversial Religious Exemption Rule was either one of the most courageous political acts I have seen a President take in recent years or was one...

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OFCCP Week In Review: April 24, 2023

OFCCP Week In Review: March 6, 2023

  • NLRB Advice Memo: Workplace Discussions of Racism Are NLRA-Protected Concerted Activity (Even for Non-Unionized Employees)
  • Amid Political Controversy, President Biden Announced He Will Nominate Julie Su for Labor Secretary
  • New DE Talk Podcast Discussed How Veteran & Military Spouse Hiring Fits into DEIA Plans
  • In a Courageous Political Act of Folly, The Biden White House Ordered OFCCP to Publish Its Final Rule Rescinding Trump’s Religious Exemption
  • Three Town Halls on Initial Proposals to Overhaul Federal Race & Ethnicity Data Collections Announced
  • U.S. EEOC Revealed Big Jump in Commissioner Charges in FY 2022
  • DirectEmployers Member Engagement Team Earns Bronze Award for Customer Service During 2023 Stevie Awards for Sales & Customer Service
  • In Brief
  • Looking Ahead: Upcoming Date Reminders
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