Cynthia L. Hackerott Archives • Page 4 of 7 • DirectEmployers Association

OFCCP Week In Review: August 14, 2023

U.S. EEOC Announced Proposed Regulations to Implement PWFA
Federal Judge Ordered Southwest Airlines Attorneys to Attend “Religious Liberty Training”
USDOL Announced Controversial Final Rule Updating Davis-Bacon Act Rules Increasing Prevailing Wages on Public Construction Projects
EEOC Settled Its First Lawsuit Alleging AI Hiring Discrimination
In Brief
Looking Ahead: Upcoming Date Reminders

Part III: Four Implications Impacting Federal Government Contractors & Employers Following the SCOTUS Decision in the Harvard & UNC Cases + “Life Preserver” Practical Next Step SuggestionsPart III: Four Implications Impacting Federal Government Contractors & Employers Following the SCOTUS Decision in the Harvard & UNC Cases + “Life Preserver” Practical Next Step Suggestions
White House Regulatory Affairs Office Issued New Guidance to Agencies on Implementing “Modernizing Regulatory Review” Executive Order
Republicans Question Whether Julie Su’s Continuing Role at USDOL Renders Her Actions at Labor Illegal (including all Rulemakings)
USCIS Announced It Will Publish Revised I-9 Form on August 1, 2023
OSHA Published Final Rule Requiring High-Hazard Industry Employers to Electronically Submit Injury & Illness Records
U.S. OPM Proposed Allowing Federal Managers To Avoid The Most Qualified Candidates To Pick Those Who Offer Better “Fit
How Hiring Works
Looking Ahead: Upcoming Date Reminders

At 11th Hour, OFCCP Made Changes to Contractor Portal FAQ
U.S. Census Bureau Reported Sharp Drop in On-Site/In-Person Work Between 2019 & 2021
One Day After PWFA Took Effect, EEOC Submitted Proposed Regulations for OMB Review
U.S. EEOC Discreetly Announced EEO-1 Reporting Tentative Starting Date Pushed Back to Fall 2023
SCOTUS Ends Its 45-Year Detour Around The Equal Protection Clause By Now Finding “Race-Based” Admissions Practices At Harvard and UNC Unlawful
The Four “Elevator Speeches” Federal Contractor Compliance Managers and AAP Vendors Now Need Post Harvard/UNC
Three Justices Square Off in the Harvard/UNC Case Decision Over the Accuracy of OMB Directive 15 Defining Race and National Origin in America
Employers Must Grant Religious Accommodations Absent Substantial Increased Costs, Unanimous U.S. Supreme Court Ruled
Looking Ahead: Upcoming Date Reminders

The Harvard and UNC Case Decisions Are Coming: What Corporations, Colleges and Universities, and Federal Contractors Need to Know
OMB Approved Changes to OFCCP Complaint Procedures to Take Effect in November
DE Talk Podcast Focused on Moving Off the DEIB “Treadmill” & Onto Progressive Change
President Biden Nominated Burrows for 3rd U.S. EEOC Commissioner Term
In Brief
Looking Ahead: Upcoming Date Reminders

U.S. NLRB Returned to Obama-Era Independent Contractor Standard for NLRA Coverage
Spring 2023 Regulatory Agenda Released, Multiple Final Rules Slated for Publication this Month
Looking Ahead: Upcoming Date Reminders

NLRB GC Asserted, Via Memo, That Employment Non-Compete Provisions Violate NLRA
JOLTS Report – Job Openings Increased by 358k in April as “Jobs Opening Rate” Jumped up .03% to 6.1% Signaling More Hard Work Ahead for Recruiters
U.S. Supreme Court Ruled NLRA Does Not Bar State Law Property Damage Claims Against Unions
Economy Added 339k Jobs in May, But the Unemployment Rate Nonetheless Rose to 3.7%
Debt Ceiling Increase Statute Became a Bill to Restrict Future Federal Budgets
What The Budget Reforms In The Debt-Ceiling Bill Likely Mean For OFCCP and Other Federal Agencies
In Brief
Looking Ahead: Upcoming Date Reminders

U.S. Office of Personnel Management Announced Proposed Rule on Pay Equity for Federal Workers
USDOL ODEP Announced Themes for 2023 Disability Awareness Month & 50th Anniversary of Rehab Act
In Brief
Looking Ahead: Upcoming Date Reminders

OFCCP Extended Enforcement Moratorium for Veterans’ Affairs Health Benefits Program Providers
COVID-19 Vaccine Requirement for Federal Contractors to End on May 11
NLRB Reverted Back to “Setting Specific” Legal Standard on How Employers May Deal with Abusive Employees
U.S. EEOC Published 2nd Notice on Proposal to Eliminate Counting Employees to Determine Filing “Type” for EEO-1 Component 1 Data Collection
JOLTS Report: Job Openings Decreased (for 2nd month in a row) this time by 384k in March as the U.S. Jobs Market Continues to Contract
White House Announced Three New Actions to Mitigate AI Risks
Economy Added 253k Jobs in April, Unemployment Rate Decreased Slightly to 3.4% But Long-Term Unemployment Increased as the “Great Resignation” Continues
In Brief
Looking Ahead: Upcoming Date Reminders

OFCCP’s Controversial “Pre-Enforcement Notice & Conciliation Procedures” Final Rule Coming Soon: Ends Trump Era of Transparency
California CRD Will Consider 2-Month Extensions on Labor Contractor Employee Reports Deadline
Senate HELP Committee Advanced Nomination of Julie Su for U.S. Secretary of Labor
OFCCP Slightly Modified Proposal to Revise Its Complaint Intake Procedures
In Brief
Looking Ahead: Upcoming Date Reminders

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