The Federal government has entered its 12th day of partial shutdown, making it the fourth longest in American history to date. But, not all government departments are affected, and the Department of Labor is one that is not. The DOL is already fully funded for 2019, so the current stalemate between Congress and the President does not affect its resources.
The OFCCP vowed things would change after President Trump’s election. It is making good on that promise. The Agency issued three new Directives in the last two weeks, following four others earlier this year. One of these Directives was long-awaited new guidance on pay analyses, replacing Directive 307. And, the OFCCP has a new Acting Director, Craig Leen (see our earlier post for the exciting news about the immediate-past Director, Ondray Harris, joining our firm).
The good news for contractors is that the OFCCP’s actions are almost all pro-business, aimed at making the Agency more transparent, objective, and efficient. Continue Reading The OFCCP’s Been Busy — 9 New Directives This Year, Largely Pro-Business
Federal contractors have been closely following leadership changes at the Office of Federal Contract Compliance Programs (OFCCP). Most notably, President Trump appointed Ondray T. Harris as OFCCP Director, and Craig Leen as Senior Advisor to the OFCCP. Both men have backgrounds in management-side private law practice. This has contractors hopeful they may bring fresh eyes and a more pragmatic approach to the OFCCP.
This week the LGBT community and its supporters won an important case in the Second Circuit Court of Appeals. In Zarda v. Altitude Express, the Court ruled that Title VII’s ban on sex discrimination extends to same-sex, or “anti-gay,” discrimination. In that case, Donald Zarda, a gay skydiving instructor, alleged he was unlawfully fired after a customer complained about him disclosing his same-sex orientation.
Equal pay issues continue to be a focus for new state legislation and of the private plaintiff’s bar. Partner Emily Burkhardt Vicente and Counsel Christy Kiely discuss how employers can best position themselves to defend against claims of compensation discrimination. View the 5-minute video here.
Federal contractors have extra time this year to submit their annual report. The Department of Labor has this notice on its website.
NOTICE: IMPACT FROM HURRICANES HARVEY AND IRMA
NOTICE: In order to accommodate the needs of those impacted by Hurricanes Harvey and Irma, Federal contractors who file their VETS-4212 Reports by November 15, 2017 will not be cited for failure to file a timely Report or failure to comply with Federal regulations.
In future years, the deadline will return to September 30th.
The day employers have been waiting for, has finally arrived. The government has indefinitely stayed the requirement that companies begin reporting “Component 2” wage data in their EEO-1 Reports. Companies around the country are breathing a collective sigh of relief.
On May 23, 2017, the Department of Labor released its budget proposal for fiscal year 2018 (FY 2018). The budget contains several cost-cutting measures that reflect the new priorities of the Trump administration.
A notable aspect of the proposed budget is a request to merge the EEOC and OFCCP. The proposal aims for “full integration” of the two agencies by the end of FY 2018. To begin that transition, the proposal suggests sizable drops in the OFCCP’s current funding and staffing. The OFCCP’s budget is proposed to drop from $105,275,000 to $88,000,000 (a reduction of $17.3 million). The headcount is proposed to drop nearly 25%, from 571 full-time equivalent (FTE) employees to 440.
On November 21, 2016, the EEOC announced the release of new enforcement guidance addressing national origin discrimination. Like many enforcement initiatives of late, the update is intended to address current cultural issues and legal developments. It updates an EEOC compliance manual section from 2002 (Volume II, Section 13: National Origin Discrimination). The EEOC also issued a small business fact sheet and a Q-and-A document.
Donald Trump’s election took many by surprise. Companies must now quickly determine his likely impact on their operations and workforces.
Trump will be the first US president with no government or military experience. He voiced extreme views during his campaign on immigration and discrimination, but he has played it close to the vest when it comes to other labor and employment law issues. What is clear is that Trump will have the backing of a GOP-controlled House and Senate. Does this mean employers will see radical changes in policy? Will the change to a Republican administration cause more issues for companies, or less?
Though no one can predict with certainty what priorities Trump will have in the labor and employment law area, it is possible to identify the most critical anti-employer / anti-business rules, regulations, and case decisions on which Trump may focus. Join us for a 1-hour webinar that discusses Trump’s most likely targets for change and the methodology that Trump and his administration must follow to accomplish that change.
Thursday, November 17, 2016
1:00 p.m. – 2:00 p.m. ET