Cynthia Hackerott Archives • DirectEmployers Association

OFCCP Week In Review: January 2, 2024

Embracing Generational Differences at Work Discussed in New DE Talk Podcast
President Biden Intends to Renominate Julie Su to be the Next U.S. Secretary of Labor
Federal Acquisition Regulatory Council Issued Final Rule Requiring Unionized Workforces on Large Federal Construction Projects
EEOC Commissioner Sonderling Continued Advocating for Increased EEOC Involvement in Regulating AI in the Workplace
In Brief
New Publications
Looking Ahead: Upcoming Date Reminders

New US DOL Administrative Review Board Decision from March Sets Down New Backpay Calculation Runway in Litigated OFCCP Cases
GAO Official Testified That Programs to Help Military-to-Civilian Life Transitions Need Improvements
$1 Million Settlement Reached on US EEOC Allegations That Dollar General’s Hiring Process Violated GINA & ADA
OFCCP’s FY 2023 Back Pay Collections Now Stop its Four-Year Downward Spiral by Exceeding its FY 2022 Collections
Karla Gilbride Sworn In as U.S. EEOC General Counsel
In Brief
Looking Ahead: Upcoming Date Reminders

Second USDOL WHD PUMP Act Enforcement Action Assessed Penalties Against Employer for Alleged Failure to Provide Pumping Privacy
U.S. Census Bureau Proposed to Test Questions on Sexual Orientation & Gender Identity for ACS
U.S. EEOC Finalized Strategic Enforcement Plan Focuses on Unserved Groups, Employment Agreements/Waivers, AI, & Other Emerging Issues
In Brief
Looking Ahead: Upcoming Date Reminders

JOLTS Report – Job Openings Decreased by 34k in June, Rate Steady at 5.8%
U.S. NLRB Adopted a Stricter Standard for Employers to Justify Workplace Rules
OFCCP Announced “Pre-Enforcement Notice & Conciliation Procedures” Final Rule Ending Agency Transparency in Audits And Clear Expectations
U.S. I.C.E. Proposed New I-9 Remote Document Examination Pilot & Information Collection for Non-E-Verify Participants
Economy Added Only 187k New Jobs in July, Unemployment Rate Nonetheless Down Slightly to 3.5%
Breaking News Brief – EEOC Announced Proposed Regulations to Implement PWFA
In Brief
Looking Ahead: Upcoming Date Reminders

Four Implications Impacting Federal Government Contractors & Employers Following the SCOTUS Decision in the Harvard & UNC Cases + “Life Preserver” Practical Next Step Suggestions
USCIS Published Notice Introducing Revised I-9 Form
U.S. EEOC Updated Technical Assistance Document on Visual Disabilities
U.S. DOL’s OSHA Issued First-Ever Hazard Alert for Heat
OFCCP Updated Its Affirmative Action FAQ Section to Address Recent SCOTUS University Admissions Case Decisions
In Brief
Looking Ahead: Upcoming Date Reminders

FAR Council’s Interim Rule Banned TikTok on Federal Government Contractor Devices
Part II: Four Implications Impacting Federal Government Contractors & Employers Following the SCOTUS Decision in the Harvard & UNC Cases + “Life Preserver” Practical Next Step Suggestions
Kotagal Barely Squeaked by Her Senate Confirmation Vote to Now Be the Third Democrat on the Five-Member Bipartisan EEOC Commission
Julie Su Nomination Is Now Dead
U.S. House Passed Defense Funding Bill Without AOC’s Amendment to Shift Existing DoD Pre-Offer Criminal History Inquiries Authority to OFCCP
In Brief
Looking Ahead: Upcoming Date Reminders

Illinois Set to Become First U.S. State to Count Arab Americans When Collecting Public Data
OMB Working Group Now Preparing Final Recommendations to Overhaul Federal Race & Ethnicity Data Collections
Top 5 Actions to Take After Completing AAP Discussed in New DE Talk Minisode
Percentage of Older Women in U.S. Workforce Nearly Doubled Since 1980, USDOL Reported
USDOL WHD Announced First PUMP Act Enforcement Action
In Brief
Looking Ahead: Upcoming Date Reminders

U.S. Government Accountability Office Report Found Employers Use Non-Competes to Protect Confidential Information, But Rarely Enforce Them
USDOL Wage & Hour Division Issued PUMP Act Bulletin Explaining New Employer Obligations
Focusing on Adverse Impact, U.S. EEOC Released a New Technical Assistance Document on Artificial Intelligence & Title VII
U.S. Federal Trade Commission Now Jumps into Biometric Privacy Protection Even in the Absence of Any New Congressional Authorizing Law
In Brief
Looking Ahead: Upcoming Date Reminders

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

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