OFCCP Week In Review: May 22, 2023

OFCCP Week In Review: May 22, 2023

  • 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 Week In Review: May 22, 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
OFCCP Week In Review: May 22, 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
OFCCP Week In Review: May 22, 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
OFCCP Week In Review: May 22, 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
OFCCP Week In Review: May 22, 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
OFCCP Week In Review: May 22, 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
OFCCP Week In Review: May 22, 2023

OFCCP Week In Review: February 20, 2023

  • NLRB Again Extended Reply Comment Period on Proposed Fair Choice and Employee Voice Rule
  • Last Two Chances Coming for Contractors to Object to OFCCP’s Proposed Disclosures of EEO-1 Data
  • U.S. Labor Secretary Walsh Announced Changes to Three Labor Appeals Boards
  • Senate HELP Committee Advanced Gilbride Nomination for EEOC General Counsel, But Looman Nomination to Head WHD Hit Technical Snag
  • U.S. Labor Secretary Walsh Finally Announced His Resignation Date
  • President Biden Issued Executive Order on “Further Advancing Racial Equity and Support for Underserved Communities”
  • Illinois Supreme Court Ruled Claims Under State’s Biometric Information Privacy Act Accrue with Each Scan or Transmission
  • In Brief
  • Looking Ahead: Upcoming Date Reminders
OFCCP Week In Review: May 22, 2023

OFCCP Week In Review: February 13, 2023

  • U.S. DOL Submitted Proposed Rule to Clarify That WIOA’s Sex-Based Discrimination Prohibition Includes Sexual Orientation
  • Know Your New Congressional Labor Committee Leaders
  • U.S. Labor Secretary Walsh Expected to Resign to Take National Hockey League Players Association Director Position
  • OFCCP Extends the Deadline for Federal Contractors to Further Correct OFCCP’s “Non-Objectors List” of Companies Whose EEO-1 Component 1 Data OFCCP Intends to Disclose to an FOIA Requestor
  • In Brief
  • Looking Ahead: Upcoming Date Reminders