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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: January 18, 2022

OFCCP Week In Review: January 18, 2022

  • This Week’s Vaccination Injunction Puzzle at a Glance
  • Earn Professional Development Credits by Attending E-Verify and Form I-9 Webinars
  • VETS Extends Transition Training Program to Include Veterans
  • USDOL Announced a Funding Opportunity to Assist Veterans Combat Homelessness/Return to the Workforce
  • OFCCP and EEOC Announce a Joint Hiring Practices Initiative
  • U.S. Supreme Court Stayed Implementation of the OSHA ETS: What It Means For Employers
  • SCOTUS Allowed Enforcement of the CMS Interim Final Vaccination Rule; Healthcare Facilities Subject to Vaccine Mandate for Medicare/Medicaid Staff
  • Clarification on The New Minimum Wage For Some Federal Government Contractors
  • A User’s Guide: What Employers Should Know When Implementing a Private Vaccine Mandate Policy
  • Processing Vaccination Accommodation Requests Under The ADA
  • USDOL Adjusted Civil Monetary Penalties Per Inflation Adjustment Act
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OFCCP Week In Review: January 18, 2022

OFCCP Week In Review: January 10, 2022

  • This Week’s Vaccination Injunction Puzzle at a Glance
  • Wage & Hour Administrator Nomination Boomerang
  • Court Prohibits Defense Department Discipline of 35 Navy Personnel Seeking Religious Accommodation From Vaccine Mandate
  • DE First to Have Signed Partnership Agreements with All 50 States & U.S. Territories for Electronic Job Listings
  • 6th Circuit Joins Prior 11th Circuit Decision in Refusing to Allow Enforcement of the Federal Contractor/Subcontractor Vaccine Mandate
  • Coalition of Healthcare Worker Unions File Petition Seeking Court Order to Make OSHA Healthcare ETS Permanent
  • The U.S. Department of Justice Weighed In Again On COVID Concerns Affecting Individuals With Disabilities
  • EEO-1 Administrators Take Note: EEOC Will Replace Its EEO-1 Type 6 Report For Small Establishments With Its Type 8 Report
  • Should NLRB Change Its Legal Standard On Work Rules?
  • U.S. Wage-Hour Division and NLRB MOU Promises Greater Enforcement and Investigation Opportunities Against Employers, Including as to Independent Contractor Misclassifications
  • Countdown to E-Verify Record Destruction
  • BILG Gets Answers On OFCCP Certification Portal
  • NLRB Seeks To Remedy Alleged Ethics Violations By Former Member Emanuel
  • Another Disappointing Monthly Jobs Report: Short Term Unemployment Dropped as Long-Term Unemployment Grew And More Americans Decided To Sit Out Millions of Available Jobs
  • Oral Argument Suggests U.S. Supreme Court Dubious OSHA Has Authority to Require Vaccination in ETS; Proponents of CMS Healthcare Worker Vaccination Mandate More Hopeful
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OFCCP Week In Review: January 18, 2022

OFCCP Week In Review: January 4, 2022

  • This Week’s Vaccination Injunction Puzzle at a Glance
  • U.S. Court of Appeals for the 11th Circuit Issued Two-Page Order Denying Biden Administration’s Request to Lift Nationwide Injunction Against Federal Contractor/Subcontractor Vaccine Mandate
  • USDOL Offers a Free Virtual Seminar to Help Covered Federal Contractors/Subcontractors Comply with the New $15 Minimum Wage Rule
  • Veterans’ Employment and Training Service to Hold Next Open Virtual Meeting of ACVETEO to Review Veterans hiring in 2021, Outreach for 2022 and Answer Employer Questions re Best Practices to Hire Veterans
  • Now is Your Chance! NLRB Seeks Employer Input as to Its Independent-Contractor Definition
  • CMS Issued Guidance on the Implementation of its Interim Final Rule for Healthcare Staff Vaccination Requirements Still in Force in the 25 States Not Subject to Injunction
  • 2021 EEO-1 Component 1 Data Reporting Portal to Open April 12, 2022, with a May 17, 2022, Last-Day-To-File Date. ALSO: 2019/2020 EEO-1 Filing Portal Closed
  • OSHA Seeks Comment Regarding Extending the Recordkeeping Requirements its Healthcare ETS Imposes as Issued June 21, 2021, and Withdrew the Substantive Portions of its Healthcare ETS
  • NLRB Follows Previous Court Ruling in Rejecting Argument that Appointment of NLRB General Counsel was Improper and Should Invalidate Any General Counsel Action Against Employers
  • U.S. District Courts Enjoin Vaccine and Masking Mandate HHS Sought to Impose on Teachers and Students Participating in Federal “Head Start” Programs with Possible Legal Implications for Other Private Sector Vaccination Mandates
  • URGENT! Today is the Last Day to Submit Comments to OSHA re the Recordkeeping Requirements of its Proposed OSHA ETS
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OFCCP Week In Review: December 20, 2021

OFCCP Week In Review: December 20, 2021

  • This Week’s Vaccination Injunction Puzzle at a Glance
  • When is COVID-19 A Disability Under the ADA? EEOC Expands Technical Assistance Guide
  • Today’s Youth = Tomorrow’s Workforce, How do We Cultivate At-Risk Talent?
  • Time Extended To Comment On “Consequential Damages” To Employees Per The NLRB
  • Form I-9 Employment Eligibility Verification Flexibility Extended Through April 2022
  • VETS Turns 40!
  • Just In Time To Save Christmas – A Joint Resolution To Increase The Debt Limit By $2.5 Trillion
  • This Week’s Surprising Vaccination Mandate Case Decisions
  • New Resource: How To Handle Captioning & ASL Requests For Virtual Meetings
  • Fair Chance Act – “Ban The Box” – Effective Today as to Federal Contractors!
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OFCCP Week In Review: December 20, 2021

OFCCP Week In Review: December 13, 2021

  • Biden Wins His Third Vaccination Mandate Case, But Loses the First Round of the Federal Contractor/Subcontractor Vaccination Mandate Fight to a Nationwide Injunction: Biden 3; Challengers 5
  • 849 HIRE Vets Medallion Recipients Officially Documented
  • E-Verify Updated The User Profile For Easier Navigation
  • USDOL Announced Global Partnership Initiative For Labor Organizing and Worker Rights
  • How Should the NLRB Determine The Appropriateness Of A Petitioned-for Bargaining Unit?
  • USDOL and USDOJ Renew MOU To Ensure Military Service Members’ Employment Rights
  • What’s A Federal Government Contractor/Subcontractor To Do About The Vaccine Mandate?
  • Fall Regulatory Agenda Released – Federal Subcontractors – BEWARE!
  • Thought Affirmative Action Plans Were a Cumbersome Part of Being a Federal Government Contractor? Let’s Talk Sustainability.
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OFCCP Week In Review: December 20, 2021

OFCCP Week In Review: December 6, 2021

  • Two Rapidly Approaching Vaccine Mandate Public Comment Periods Employers and Federal Contractors Should Note
  • Vaccine Mandate Litigation Recap: Vaccine Challengers 4; Biden 0
  • Decision Striking Down the Federal Contractor/Subcontractor Vaccine Mandate Portends Difficulty for OFCCP to Enforce its AAP Certification Portal
  • OFCCP’s AAP Verification Interface Gets Set to Open – Contractors Must Now Decide Whether to Voluntarily Comply with OFCCP’s Unenforceable “Requirement” Since the Agency Has Now “Thrown Down Its Gauntlet”
  • Big Budget Bill Busts Again: Federal Government Funded Through Only February 18, 2022
  • International Day of Persons with a Disability Sparks Global Movement
  • Amid a Strong Economy, Another Disappointing Monthly Jobs Report as Long-Term Unemployment Remains 1.1 Million Higher Than February 2020
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OFCCP Week In Review: December 20, 2021

OFCCP Week In Review: November 22, 2021

  • USDOL Seeks Apprenticeship Ambassadors & Public Discussion on Diversity
  • Renewed Call for Transgender Rights and Dignity as Deaths Due to Protected Status Rise to Deadliest Year on Record
  • Private Employers Forced to Remain on Their Toes as Changes to COVID-19 Vaccine Mandates are Occurring Daily/OSHA Suspended Its Own Emergency Temporary Standard
  • A White House in Disarray Realizes Its Error in Federal Contractor Vaccination and Mask Mandate: Now Attempts “Hail Mary Pass” to OMB to Save It
  • National Labor Exchange Hits 4 Million Daily Job Postings While NASWA Secures Funds to Mine the Data
  • The “She-cession” – What Is It and How Do We Combat It?
  • EEOC’s Annual Financial Report Shows Year-Over-Year Consistency
  • USDOL, NLRB, and EEOC Discuss Ending Retaliation in The Workplace
  • EEOC’s COVID-19 Technical Assistance Guide Updated to Include Retaliation Information
  • New Executive Order Looks to Keep Employees Working When Federal Contracts Change Hands
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OFCCP Week In Review: December 20, 2021

OFCCP Week In Review: November 15, 2021

  • NLRB Counsel Seeks To Protect Immigrant Workers Rights
  • Fifth Circuit Court of Appeals Blasted and Enjoined the OSHA ETS in a Harsh Order; The List of Lawsuits Challenging Biden’s COVID-19 Vaccination Mandates Continues to Grow
  • EARN Website Gets A Redesign
  • OFCCP Published Its NPRM to Rescind the Trump Religious Discrimination Exemption Rule, As Predicted Last Week
  • Six New Countries Eligible For H-2 Visa Programs
  • Federal Contractor Guidance Updated to Include New Fully Vaccinated Deadline
  • NILG Comments On The Collection Of Pay Data
  • Comment Now On The Issuance of “Consequential Damages” To Employees Per The NLRB
  • NLRB, EEOC, and USDOL Join Forces To Use Their “Bully Pulpits” to Combat Workplace Retaliation: No Substantive Requirements Planned
  • USVETS Honors 849 Companies With 2021 Hire Vets Medallion Awards!
  • Honoring Our Military Veterans
  • USDOL Seeks to Reverse Yet Another Trump Rule: Industry-Recognized Apprenticeship Programs Now on the Chopping Block: Ping-Pong
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OSHA Emergency Temporary Standard Mandating COVID-19 Vaccines or Testing/Masks Catches Federal Contractors in a Bind by Exempting Them from the More Generous Exceptions to the OSHA ETS

OSHA Emergency Temporary Standard Mandating COVID-19 Vaccines or Testing/Masks Catches Federal Contractors in a Bind by Exempting Them from the More Generous Exceptions to the OSHA ETS

On Thursday, the U.S. Department of Labor Occupational Safety and Health Administration (“OSHA”) published both its highly anticipated Emergency Temporary Standard (“ETS”: 86 FR 61402) as an “Interim Final Rule” implementing its authority pursuant to the Occupational...

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