Today, on August 25, 2016, the Department of Labor issued final Guidance implementing Executive Order 13673, Fair Pay and Safe Workplaces, bleakly referred to by the contractor community as the “blacklisting” order. The “blacklisting” order places a new focus on labor and employment issues during the federal procurement process. Covered federal contractors and subcontractors must now disclose to the government previous violations of fourteen different federal labor and employment laws, plus equivalent state counterparts. Pre-award disclosures must be made before a contract can be awarded to ensure the company is a “responsible” labor source. Updated reports then are required every six months post-award. The rule also imposes limits on the arbitration of certain employment claims, and requires specified paycheck disclosures and transparency.
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Since President Lyndon B. Johnson signed Executive Order 11246 in 1965, the Office of Federal Contract Compliance Programs (OFCCP) has been charged with ensuring nondiscrimination and affirmative action for females in employment. In 1970, regulations were issued to further this goal, known as the Sex Discrimination Guidelines, codified at 41 CFR Part 60-20. Those guidelines have not been substantially updated in the 46 years since. Until now, that is. The DOL acknowledges the Guidelines have become “out of touch with current law and with the realities of today’s workforce and workplaces.” See: OFCCP Fact Sheet on Sex Discrimination Final Rule. So, the OFCCP is bringing the Guidelines “from the ‘Mad Men’ era’ to the modern era.’”
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The United States Department of Labor has announced a Notice of Proposed Rulemaking to implement Executive Order 13706, which requires federal government contractors to provide employees with up to 7 days of paid sick leave annually. As a result, the DOL estimates that employers will be compelled to provide additional paid leave to 828,000 employees, including 437,000 employees who do not currently receive any paid sick leave.
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This webinar will discuss President Obama’s Executive Order on federal contractor blacklisting and its potential impact on government contractors. A final regulation is on the horizon, and this program will tell you what you need to know NOW to be prepared.
Thursday, February 18, 2016
1:00 p.m. – 2:00 p.m. ET
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The Department of Labor is increasingly focused on identifying and pursuing claims of systemic discrimination, both in EEOC charge investigations and OFCCP audits. In this type of claim, the government challenges a policy or practice that (allegedly) disadvantages an entire group of protected employees. These claims are dangerous for employers because they can cover hundreds of work locations and thousands of employees. Employers often unwittingly set themselves up for these claims, by failing to recognize the implications of a seemingly routine information request.
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On September 10, 2015, the Office of Federal Contract Compliance Programs (“OFCCP”) issued a Final Rule implementing last year’s Executive Order 13665, which prohibits federal contractors from discharging, or discriminating against, any employee or applicant who “has inquired about, discussed, or disclosed” either their own compensation information or that of another employee or applicant.

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Recent guidelines have been issued by the Department of Labor in connection with President Obama’s “Fair Pay and Safe Workplaces” Executive Order 13673. Interested parties will have until July 27, 2015 to submit written comments to the Regulatory Secretariat for consideration before the proposals are finalized.
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