Our Insights


Revised Pay Transparency Provisions Now Available

Authors: Kiosha H. Dickey (Columbia), Leigh M. Nason (Columbia), Hera S. Arsen, Ph.D. (Torrance)

Published Date: March 6, 2017

The Office of Federal Contract Compliance Programs (OFCCP) recently updated the pay transparency provision that employers covered by Executive Order (EO) 11246, “Equal Employment Opportunity,” must post and include in their employee manuals and handbooks. The Pay Transparency Nondiscrimination Provision gives notice to applicants and employees that employers will not discriminate for inquiring about, discussing, or disclosing their pay or, under certain circumstances, the pay of other employees. The revised provision adds the regulatory citation—41 C.F.R. 60-1.35(c)—to the end of the notice.

Two versions of the pay transparency provision are available on the OFCCP website. The formatted version included OFCCP’s logo and contact information and is intended for posting (either electronically or on the premises). An unformatted version, which just includes the “required, prescribed language,” is also available.

The pay transparency rule, which implemented Executive Order 13665, Non-Retaliation for Disclosure of Compensation Information and which amended EO 11246, went into effect on January 11, 2016.

While OFCCP has not yet announced a requirement that contractors update the provision in their postings and handbooks, because contractors are required to use the language of the provision verbatim, contractors may want to start using the new version.

Kiosha H. Dickey  (Columbia)

Kiosha Dickey
Kiosha is a 2004 graduate of Columbia College, where she majored in English and minored in Political Science. She earned her Juris Doctor degree from the University of South Carolina School of Law in 2007. After law school, Kiosha clerked for the Honorable J. Michelle Childs (former Circuit Court Judge, Fifth Judicial Circuit and current U.S. District Court Judge, District of South Carolina). Kiosha joined the team at Ogletree in August 2015, where she is a member of the Affirmative Action and...

Leigh M. Nason  (Columbia)

Leigh M. Nason
Leigh Nason is a shareholder in the Columbia, South Carolina office of Ogletree Deakins and co-chairs the firm’s Affirmative Action/OFCCP Compliance Practice Group, whose experienced attorneys counsel and defend federal contractors and subcontractors throughout the United States on jurisdictional, compliance, and enforcement issues involving the United States Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP).Leigh provides advice to in-house counsel and...

Hera S. Arsen, Ph.D.  (Torrance)

Hera S. Arsen, Ph.D.
Hera S. Arsen, J.D., Ph.D. is Senior Marketing Counsel overseeing the firm's print and online legal publications and content. Hera, who joined Ogletree Deakins in 2003, is directly responsible for writing and editing the firm's national legal content, including coverage of federal agencies and the Supreme Court of the United States. She also oversees the Ogletree Deakins blog, which covers the latest legal news from over 20 practice-areas and jurisdictions. As leader of the firm's blog, Hera...