OFCCP guidance Archives • DirectEmployers Association

OFCCP Week In Review: January 16, 2024

US DOL‘s WHD Published Its “Employee or Independent Contractor” Classification Final Rule
US DOL Adjusted Civil Monetary Penalties Per Inflation Adjustment Act
In Brief
Looking Ahead: Upcoming Date Reminders

FAR Council Submitted for OMB Approval Proposed Rule on “Pay Equity and Transparency in Federal Contracting”
Federal Judge Ruled EEO-1 Reports Not Protected Under FOIA Exemption for Confidential Commercial Information
JOLTS Report – Job Openings Decreased by 62k in November, Rate Unchanged at 5.3%
Economy Added 216k Jobs in December, Unemployment Rate Unchanged at 3.7%
In Brief
New Publications
Looking Ahead: Upcoming Date Reminders

U.S. Justice & Education Departments Issued Joint Resources on Lawfully Advancing DEI Following Supreme Court’s University Admissions Decision
Federal Judge Paused Implementation of Order Requiring Southwest Airlines Attorneys to Attend “Religious Liberty Training”
U.S. Fifth Circuit Court of Appeals Ruled That Title VII Actionable Adverse Employment Actions Not Limited to Only “Ultimate” Employment Decisions
In Brief
Looking Ahead: Upcoming Date Reminders

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

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

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

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 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

NLRB Advice Memo: Workplace Discussions of Racism Are NLRA-Protected Concerted Activity (Even for Non-Unionized Employees)
Amid Political Controversy, President Biden Announced He Will Nominate Julie Su for Labor Secretary
New DE Talk Podcast Discussed How Veteran & Military Spouse Hiring Fits into DEIA Plans
In a Courageous Political Act of Folly, The Biden White House Ordered OFCCP to Publish Its Final Rule Rescinding Trump’s Religious Exemption
Three Town Halls on Initial Proposals to Overhaul Federal Race & Ethnicity Data Collections Announced
U.S. EEOC Revealed Big Jump in Commissioner Charges in FY 2022
DirectEmployers Member Engagement Team Earns Bronze Award for Customer Service During 2023 Stevie Awards for Sales & Customer Service
In Brief
Looking Ahead: Upcoming Date Reminders