Alabama Governor Signs Pay Equity Legislation

On June 11, 2019, Governor Kay Ivey signed Alabama House Bill 225, making Alabama the 49th state to adopt equal pay legislation. The act prohibits an employer from paying an employee a lower wage rate than an employee of another race or sex for equal work in the same establishment, where job performance requires “equal skill, effort, education, experience, and responsibility” and occurs “under similar working conditions.”

Will Alabama Governor Sign Pay Equity Legislation?

Federal law already prohibits employers from paying an employee less than employees of another sex for equal work, unless the employer bases the wage difference on statutorily defined factors. Alabama and Mississippi were the only two states without corresponding state-specific laws until Representative Adline Clarke, D-Mobile, introduced Alabama House Bill 225 on March 19, 2019.

And So It Begins Again: OFCCP Has Posted New List of Contractors That May Be Audited

On March 25, 2019, the Office of Federal Contract Compliance Programs (OFCCP) published a list of contractors and subcontractors identified for a potential compliance evaluation in Fiscal Year (FY) 2019 (which will end on September 30, 2019) on its Freedom of Information Act (FOIA) Library. The FY 2019 Corporate Scheduling Announcement Letter (CSAL) List is the first to be posted exclusively online, rather than sent through the United States mail.

Addressing a Gap: OFCCP Will Require Verification of Written AAP Compliance

On August 24, 2018, the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) issued three directives, including Directive 2018-07, Affirmative Action Program Verification Initiative, which aims at ensuring covered contractors are annually preparing and implementing written affirmative action programs (AAPs). This directive could have a wide-ranging impact on covered contractors, especially those that encounter challenges in preparing written AAPs annually.

OMB Decides to Review and Stay EEO-1 Pay Data Collection

On August 29, 2017, Equal Employment Opportunity Commission (EEOC) Acting Chair Victoria A. Lipnic announced that the administrator of the Office of Information and Regulatory Affairs (OIRA) had sent her a memo indicating that the Office of Management and Budget (OMB) “is initiating a review and immediate stay of the effectiveness of the pay data collection aspects of the EEO-1 form that was revised on September 29, 2016.”

Governor Cuomo Signs Executive Orders to Close the Wage Gap as part of “New York Promise” Agenda

There is no doubt that pay equity and pay data have both been a major focus of the federal government enforcement agenda during the Obama administration. While we wait to see if and how the Trump administration will address equal pay enforcement, several states continue to advance measures on pay equity. For example, Texas is considering a pay equity bill prohibiting employers from asking about an applicant’s wage history. Earlier this week, on January 9, 2017, New York Governor Andrew Cuomo signed two executive orders “to put New York on the fast track to eliminate the wage gap.” The executive orders, which Governor Cuomo signed as part of his 12th proposal of the 2017 State of the State Agenda, prevent employers from asking applicants about their salary histories and require certain government contracts to include data on employees’ job titles and salaries.

OMB Renews OFCCP’s Scheduling Letter and Itemized Listing Until 2019

On July 1, 2016, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced that the Office of Management and Budget (OMB) renewed the Scheduling Letter and Itemized Listing for three years. As a result, as of July 1, OFCCP will begin using the renewed letter to initiate compliance evaluations of nonconstruction supply and service government contractors. The last time OFCCP had released a revised scheduling letter and itemized listing was in October of 2014.

OFCCP Notice of Proposed Extension of Record-Keeping Requirements for Construction Contractors

On September 2, 2014, the Office of Federal Contract Compliance Programs (OFCCP) published in the Federal Register a proposed renewal of the current record-keeping, notice, and reporting requirements imposed by Executive Order 11246 for federal construction contractors and subcontractors. The current requirements are set to expire on December 31, 2014. Of…..

OFCCP Launches New Databases to Assist With Disability and Veteran Regulations Compliance

On March 21, 2014, the Office of Federal Contract Compliance Programs (OFCCP) announced that it is launching two new databases to assist federal contractors and subcontractors. The new databases are intended to help contractors and subcontractors meet the OFCCP’s new veteran regulations implementing the Vietnam Era Veterans’ Readjustment Assistance Act…..

Change Proposed for VETS Reporting Requirements

In yet another development in the constantly changing affirmative action compliance landscape, on February 24, 2014, the U.S. Department of Labor’s Veterans’ Employment and Training Service (VETS) published a Notice of Proposed Rulemaking (NPRM). The proposed changes would affect how covered contractors and subcontractors report protected employees and applicants that…..

New OFCCP Regulations Published—Effective Date Currently March 24, 2014

Earlier today, the Office of Federal Contract Compliance Programs (OFCCP) published its revisions to the current disability and veterans regulations in the Federal Register. These controversial rules become effective 180 days after publication (on March 24, 2014) and will increase the compliance obligations for federal contractors and subcontractors. Some of…..

Construction Contractor Settles Sex Harassment Allegations With OFCCP

The Office of Federal Contract Compliance Programs (OFCCP) announced this week that a federal construction contractor providing environmental remediation and restoration services has settled allegations of sexual harassment, retaliation, and interference with a federal investigation. The Maryland-based company agreed to pay $112,573 in back wages to 14 discharged employees and…..

OFCCP Posts Corporate Scheduling Announcement Letters on its Website—And Then It Disappears!

After publicly announcing almost a year ago that it would start posting Corporate Scheduling Announcement Letters (CSAL) online, the notices appeared on the Office of Federal Contract Compliance Programs’s (OFCCP) website earlier this week—and then disappeared! The CSAL postings were organized by OFCCP regions and contained information on company names,…..