OFCCP Week In Review: December 19, 2022

OFCCP Week In Review: December 19, 2022

  • USDOL ALJ Approved Consent Decree in Long-Running OFCCP Action Against Convergys
  • U.S. Small Business Administration Will Take Over Certification of Veteran-Owned Small Businesses in January
  • U.S. HHS Published a “Bulletin” Reminding HIPAA-Covered Entities & Business Associates of Limits to Use of Online Tracking Technologies
  • In Another RFRA Case, the Eighth Circuit Barred, Nationwide, HHS/EEOC Enforcement of ACA Interpretations on Gender-Confirmation Surgery/Care
  • U.S. NLRB Expanded Financial Remedies for Workers in Unfair Labor Practices Cases
  • U.S. NLRB Modified the Appropriate Bargaining Unit Standard
  • Washington State Finalizes Regulations Related to New Pay Transparency Law
  • U.S. NLRB Reaffirmed Limits on Employers’ Questioning of Workers for ULP Investigations
  • U.S. DOL & U.S. IRS Renewed Coordinated Enforcement Agreement
  • U.S. GAO Found Special Operations Command May Not Have Needed Information to Assess Barriers to Women’s Careers
  • U.S. GAO Interim Report Found Gender Pay Gap Varies by Education Levels, Race & Ethnicity
  • NLRB Overturns Another Trump Era Rule, Reinstating Broader Access to Property for Contract Workers Staging Labor Protests
  • In Brief
  • Looking Ahead: Upcoming Date Reminders
OFCCP Week In Review: December 19, 2022

OFCCP Week In Review: December 5, 2022

  • Consultant Provided Insights on Building Foundational Relationships in Native American & Tribal Communities in New DE Talk Podcast
  • US BLS JOLTS Report Revealed the U.S. Job Market Shrunk 3.3% Month-Over-Month Continuing a Stairstep 6-Month Decline
  • Economy Added 263k Jobs in November; Unemployment Rate Remained at 3.7%
  • In Brief
  • Looking Ahead: Upcoming Date Reminders
OFCCP Week In Review: December 19, 2022

OFCCP Week In Review: November 21, 2022

  • OFCCP Published Proposed Changes to Disability Self-Identification Form to Update Preferred Language for Specific Disabilities
  • U.S. House Passed Bi-Partisan Speak Out Act Clearing the Way to President’s Desk for Anticipated Signature
  • U.S. EEOC Formally Published Its Draft FY 2022-2026 Strategic Plan for Public Comment
  • U.S. Senate Committee Advanced Nomination of Richard Revesz to Head OMB’s Office of Information and Regulatory Affairs
  • Three Things That Will Happen to OFCCP and Other Federal Labor Agencies Once Republicans Take Control of the U.S. House of Representatives January 3, 2023
  • NLRB Chair & GC Sent Letter to Legislators on “Budget Crisis”
  • U.S. EEOC Commissioner Janet Dhillon Resigned, Noted Her Accomplishments as Chair
  • OFCCP Proposed Numerous Changes to Its Supply & Service Contractor ICRs, Including City-wide Audits and Promises to Jawbone Contractors to Use of Its Portal to Submit Scheduling Letter & Itemized Listing Responses
  • Looking Ahead: Upcoming Date Reminders
OFCCP Week In Review: December 19, 2022

OFCCP Week In Review: October 24, 2022

  • “End Human Trafficking in Government Contracts Act” Enacted Now Requiring Debarment and Suspension Referrals
  • OMB Temporarily Withheld Approval of Proposed Changes to Union “Persuader Reports” “Outing” Federal Contractors Pending Review of Public Comments
  • Biden Administration On The Horns of Another Vaccination Mandate Dilemma: While the Legal “Cuffs Are Now Off” Allowing Reinstatement of the President’s COVID-19 Vaccine Mandate for Federal Contractors, The President is Now Slow Walking The Reinstatement of His Mandate
  • US EEOC Released, Then Immediately Revised, Updated Employee Rights Poster
  • I-9 Form Flexibility Extended, Yet Again…This Time to July 31, 2023
  • NLRB General Counsel Pushed Interim Settlements of ULP Claims, Instead of 10(j) Injunctions, While Underlying Case Is Pending
  • In Brief
  • Looking Ahead: Upcoming Date Reminders
OFCCP Week In Review: December 19, 2022

OFCCP Week In Review: October 3, 2022

  • US EEOC Published Proposal to Revise Federal Employee Complaint Process to Allow Document Transmittal Via Its Electronic Public Portal
  • Another Recruit Rooster Takeover on the DE Talk Podcast: The Hidden Benefits of Remote Work
  • It’s on the Way! OMB Paved the Way for US DOL to Publish Highly-Anticipated Independent Contractor Rule Proposal
  • US NLRB Altered COVID-Related Rule to Allow Mail-In Ballots in Locations Where CDC Determines “High” Transmission Risk
  • Senate Approved Gomez to head US DOL EBSA; Further Action on Pending Gilbride (EEOC Counsel) and Looman (WHD Head) Nominations Postponed Until After Midterm Elections
  • President Biden Signed Continuing Resolutions Appropriations Bill Funding the Federal Government Through Mid-December
  • The Air Went Out of OFCCP’s Tires in FY 2022 as Unlawful Discrimination Allegations Fall to New Lows
  • In Brief
  • Looking Ahead: Upcoming Date Reminders
OFCCP Week In Review: December 19, 2022

OFCCP Week In Review: September 19, 2022

  • DoD Issued Temporary Deviation to FAR Allowing Some Federal Contractors Extra Time to Register with SAM.gov
  • Proposed USDOL Union “Persuader Reports” Revisions Would “Out” Federal Contractors
  • U.S. NLRB Ruled That Permanent Strike Replacement Workers Have Weingarten Rights, But Not While Strike Is in Progress
  • Heads Up for Recruiters and Outreach Compliance Managers! Number Of People Primarily Working from Home Tripled in Last Two Years
  • In Brief
  • Looking Ahead: Upcoming Date Reminders
OFCCP Week In Review: December 19, 2022

OFCCP Week In Review: September 12, 2022

  • Carnegie-Mellon Researchers Published Report on Statistical Uncertainty in Census Bureau Data
  • Kotagal’s U.S. Senate Confirmation to EEOC In Trouble: Political Rugby Scrum in Progress
  • Everything Old is New Again: NLRB Proposes Familiar-Looking Rule to Determine Joint Employer Status
  • GAO Reported That the Office of the National Cyber Director’s Strategic Plan Is “Well Underway”
  • In Brief
  • Looking Ahead: Upcoming Date Reminders
OFCCP Week In Review: December 19, 2022

OFCCP Week In Review: September 6, 2022

  • First Federal Appellate Court Rules That Gender Dysphoria May Qualify as a Disability Under The ADA
  • White House Announced Comment Opportunity on Federal LGBTQI+ Data Collections
  • Another Federal Court Enforced The Religious Freedom Restoration Act To Insulate Religious Employers From Transgender Claims
  • Healthcare Unions Fail To Convince The DC Circuit To Force OSHA To Adopt A Permanent Covid-19 Rule To Protect Healthcare Workers
  • Employer Bans on Union Apparel in The Workplace Unlawful, Absent Special Circumstances
  • OMB Will Begin Virtual Listening Sessions To Prepare To Overhaul Federal Data Collections of Race and Ethnicity Information
  • Tips & Tricks to Master “Deep Dredge” OFCCP Audits
  • Federal Contractors Still Need Not Require Their Employees to Vaccinate Says White House Safer Federal Workforce Task Force
  • U.S. Workforce Slips Backwards: More Jobs Lost Than Gained in August
  • *New* BLS Now Publishing Monthly Data for Native Hawaiians and Other Pacific Islanders and People of Two or More Races
  • US GSA Published Final Rule Allowing Union Organizers To Solicit Federal Contractor Employees in GSA-Controlled Buildings
  • In Brief
  • Looking Ahead: Upcoming Date Reminders
OFCCP Week In Review: December 19, 2022

OFCCP Week In Review: August 1, 2022

  • Commissioners Dhillon & Lucas Reported EEOC Is Denying FOIA Requests On Claims Sent To Arbitration Rather Than Litigation
  • Federal Judge in Ohio Blocked Air Forces’ Vax Requirement Nationwide
  • OFCCP Issued First Official Statement After Weeks of Confusion On Its AAP Portal “Deadline”
  • National Academy of Sciences Released Its Anticipated Pay Data Study; EEOC Commissioners Respond With Notably Different Takes
  • HHS, DOL, And Treasury Department Issued Guidance Regarding Birth Control Coverage Under the ACA
  • DOL WHD Added New Best Practices Guidance on Child Labor for Employers
  • DC Circuit Court of Appeals Reverses NLRB Win for Browning-Ferris in Long-Running Joint-Employer Litigation Slugfest: No New Legal Test Emerges…Yet
  • In Brief
  • Looking Ahead: Upcoming Date Reminders
OFCCP Week In Review: December 19, 2022

OFCCP Week In Review: July 18, 2022

  • U.S. Department of Homeland Security Reported That Its Second Comment Period For Continued Use of Form I-9 Is Still Open
  • NLRB Announced 2021 Update To Its “Outline of Law & Procedure In Representation Cases”
  • EEOC Updated 15 Items In Its Covid-19 Technical Assistance Guidance, Adding A New Standard For Employers Which Test Employees For the Virus
  • While OFCCP Slipped Into the Bottom Quartile, The EEOC Climbed Into The Top 30% In The 2021 Best Places To Work Scores In The Federal Government
  • USDOL Agencies Announced They Are Seeking Comments From Employers Regarding Long-Covid Workplace Challenges
  • Wage & Hour Division Published Its Long Expected Proposed Rule on “Nondisplacement of Qualified Workers Under Service Contracts”
  • The NLRB Reported Union Election Petitions Are Up 58% Through Q3, Exceeding Already All FY21 Petitions Filed
  • Jury Awards Former Southwest Flight Attendant >$5M In Abortion Views Bias Suit
  • Looking Ahead: Upcoming Date Reminders