The new decade brings Schiff Hardin’s Labor & Employment Group’s annual legislative update, summarizing new legislation in 2020 under federal law and in Illinois, California, New York, Michigan, and the District of Columbia.
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The Office of Federal Contract Compliance Programs (OFCCP) released three new directives late last week, which provide insight into its approach with respect to two key facets of contractor compliance under new Acting Director Craig Leen: compensation analysis and affirmative action programs (AAPs). “Directives” do not create or change laws, but provide guidance on the agency’s enforcement and compliance policies.
Federal contractors or subcontractors subject to affirmative action requirements under Executive Order 11246, Section 503 of the Rehabilitation Act, or the Vietnam Era Veterans’ Readjustment Assistance Act should pay attention to these developments.
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The fate of President Obama’s Executive Order 13673, Fair Pay and Safe Workplaces, which was called into question last year when a Texas district court enjoined key provisions, has been decided. (See 2017 Legislative Developments)
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Last week, the EEOC issued its final rule regarding pay data to be collected with the annual EEO-1 reports. Covered employers will now need to submit pay data sorted by job group and demographic data in their annual EEO-1 reports. The final rule was implemented with no material changes from the proposed rule first issued earlier this year, despite significant response and feedback from industry and employer groups citing concerns. For more information on the rule, see You Pay Your Employees What??? Employers Might Have to Share Hours and Pay Data in Proposed EEO-1 Form. The new EEO-1 form can be found here.
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To help employers prepare for the new year, this Alert addresses certain legislative developments in 2015 that are likely to affect employers this year under federal law as well as in Illinois, California, Florida, New Jersey, New York, Washington D.C., Georgia, Michigan and Texas.
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President Obama’s “Year of Action” has a significant focus on federal contractors, and there have been a number of pertinent developments in recent weeks of which both current and prospective contractors should take note.
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On Tuesday, August 27, less than one month after submission for Office of Management and Budget review, the Office of Federal Contract Compliance Programs (OFCCP) announced its long-promised revised regulations to the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA) and Section 503 of the Rehabilitation Act of 1973, which require covered federal contractors and subcontractors to recruit, hire, train and promote qualified veterans and people with disabilities, respectively. The revised rules increase contractors’ outreach and affirmative action responsibilities, impose new data collection requirements, and require contractors to establish benchmarks and utilization goals. In keeping with the trend of increased OFFCP activity and a revitalized Department of Labor under Secretary Thomas Perez, the rules come just days after the OFCCP published its new Federal Contractor Compliance Manual and approximately six months after it rescinded its previous enforcement guidance on pay discrimination.
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