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
Hunton Andrews Kurth LLP is pleased to announce Ondray T. Harris, former director of the US Department of Labor’s Office of Federal Contract Compliance Programs, has joined the firm’s national labor and employment practice as special counsel in Washington.
At the OFCCP, Harris led the agency responsible for ensuring that federal government contractors and subcontractors achieve and maintain compliance with non-discrimination requirements. Previously, he led the Department of Labor’s initiative to assist private industries and states with creating apprenticeship programs and directed the operations of its Employment and Training Administration.
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.
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.
The OFCCP’s increasingly aggressive enforcement scheme continues to present challenges for federal contractors and subcontractors. Please join The OFCCP Institute for a comprehensive two-day seminar featuring several distinguished speakers, including Chai Feldblum of the EEOC, Consuelo Pinto of the DOL’s Division of Civil Rights, and OFCCP and employment attorney, Christy Kiely.
Date: Wed, November 9th – Thurs, November 10th, 2016
Early Bird Discount ends September 29th
Join us on Wednesday, October 5, 2016, from 1:00 p.m. – 2:30 p.m. ET, for a practical breakdown of President Obama’s “Fair Pay and Safe Workplaces” Executive Order (13673), issued in 2014.
President Obama’s “Fair Pay and Safe Workplaces” Executive Order (13673), issued in 2014, at last is going into effect. The Order requires federal contractors and subcontractors to report a three-year history of violations of fourteen different labor and employment laws, to the government as part of the procurement process. The government can deny a federal contract to a contractor with a sufficiently negative compliance record.
The first wave of reporting, for prime contractors, is due on October 25, 2016.
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.’”
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
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.
This webinar will discuss:
• Enforcement trends
• Real-life case examples
• Warning signs of a systemic investigation
• Strategies for preventing or minimizing scope of systemic review
• Best practices of handling systemic investigations
Thursday, December 3, 2015
1:00 p.m. ET – 2:00 p.m. ET