Affirmative Action / OFCCP, Government Contractors

OFCCP Proposes Changes for Contractors Using Functional Affirmative Action Programs

September 13, 2018

On September 11, 2018, the Office of Federal Contract Compliance Programs (OFCCP) announced that it has proposed changes regarding functional affirmative action programs (FAAPs). These changes would establish more relaxed policies and procedures for contractors requesting and maintaining FAAP agreements.

A FAAP established under Directive 2013-01 is an affirmative action program (AAP) based on a business function or business unit rather than a contractor establishment. OFCCP touts functional AAPs as beneficial because they allow federal contractors to organize AAPs “to reflect how the company operates functionally and not where its facilities and people are physically located.”

According to OFCCP, the proposed directive would change the process by which contractors can request approval for a FAAP agreement so that it is “simple, fluid, and collaborative.”

OFCCP is seeking comments on the new proposal until November 13, 2018. We will provide updates as we learn of them on Ogletree Deakins’ Affirmative Action / OFCCP blog.

Bill Bars Certain Sex Offenders from Positions in Youth Serving Organizations

By a vote of 76-0, the Assembly approved a bill (A1731/S532) that would bar persons convicted of sex offenses against children (or those found innocent by reason of insanity) from holding a position or otherwise participating in a paid or unpaid capacity in a “youth serving organization.” Such organizations include sports teams, leagues, athletic associations or any other entities that provide recreational, educational, cultural, or other activities to persons under 18 years of age. The bill will now return to the Senate for approval.

Waiter serving customers at busy restaurant.

DOL Reissues Opinion Letter Eliminating the 80/20 Rule

On November 8, 2018, the Department of Labor (DOL) gave hospitality employers good news when it retracted its “80/20 rule,” which prevented employers from taking the tip credit when tipped employees spent more than 20 percent of their working time on non-tipped work.

SCOTUS and Social Media: What Employers Can Learn from the Court’s Recent Ruling about a Student’s Posts

On June 23, 2021, the Supreme Court of the United States issued its decision in Mahanoy Area School District v. B.L., No. 20-255 (2021), holding that a student’s off-campus social media posts critical of her school constituted free expression protected by the First Amendment of the United States Constitution.

Recommended Reading

Bill Bars Certain Sex Offenders from Positions in Youth Serving Organizations

DOL Reissues Opinion Letter Eliminating the 80/20 Rule

SCOTUS and Social Media: What Employers Can Learn from the Court’s Recent Ruling about a Student’s Posts