Topic Archives: Labor/Employment

December 8, 2021Labor/Employment

Georgia Court Issues Nationwide Injunction of Executive Order 14042—How Should Contractors Respond?

On December 7, 2021, the U.S. District Court for the Southern District of Georgia ordered a nationwide injunction of Executive Order 14042 (the EO or EO 14042), temporarily suspending the EO’s vaccination, masking, and social distancing requirements and all implementing guidance. Although the Georgia court’s nationwide injunction likely will remain in effect for the immediate ...›

December 3, 2021Labor/Employment

Ready, Set, Certify: OFCCP Releases Mandatory Annual AAP Certifications

On December 2, 2021, OFCCP announced that it was launching its Affirmative Action Program Verification Initiative (the AAP VI), requiring all federal supply and service contractors and subcontractors to certify annually whether they have developed and maintained an affirmative action program (AAP) for each of their establishments or functional units. OFCCP has created a new “Contractor ...›

November 3, 2021Labor/Employment

New Task Force Guidance Signals Some Flexibility for Contractors

On November 1, 2021, the Safer Federal Workforce Task Force (the “Task Force”) added new FAQs to its guidance on Executive Order 14042 (“EO 14042”), signaling that contractors have some flexibility to go beyond the rapidly-approaching December 8, 2021 deadline for covered employees to be fully vaccinated against COVID-19. The Task Force also encouraged federal agencies to work ...›

September 27, 2021Coronavirus, Labor/Employment

What To Do Now: Task Force Seeks Broad Coverage and Stringent COVID-19 Protocols for Contractors

On September 24, 2021, the Safer Federal Workforce Task Force (the “Task Force”) issued guidance (the “Guidance”) on President Biden’s Executive Order 14042 (the “Order”). Although the Guidance recognizes that the Order is limited to only certain types of contracts, the Task Force strongly encourages federal agencies to apply these requirements broadly to nearly all federal contracts entered ...›

September 24, 2020Labor/Employment

President Trump Issues Executive Order Banning Federal Contractors from Race and Sex Stereotyping Training

On September 22, 2020, President Trump signed an Executive Order on Combatting Race and Sex Stereotyping (the “EO”), prohibiting federal contractors and certain federal grant recipients from holding diversity and EEO training for their workforce that includes “divisive concepts,” such as training employees that the U.S. or an individual is “inherently racist, sexist, or oppressive, ...›

Federal Procurement
September 17, 2020Labor/Employment

OFCCP Seeks Comments on Annual AAP Certification Proposal

Government contractors may soon be required to certify annually that they have affirmative action programs (“AAP”) in place for their U.S. workforce.  On September 14, 2020, the Office of Federal Contract Compliance Programs (“OFCCP”) issued a notice seeking comments for its proposal to the Office of Management and Budget (“OMB”) for approval of: (1) an ...›

September 14, 2020Labor/Employment

OFCCP Issues New List of Advance Audit Notices

On September 11, 2020, the Office of Federal Contract Compliance Programs (OFCCP) released a list of nearly 900 federal supply and service contractors and subcontractors that it will be sending Corporate Scheduling Announcement Letters (CSALs) to for potential audits of over 2,200 contractor establishments. For the first time, the CSAL list includes audits focusing on contractors’ promotion ...›

March 24, 2020Coronavirus, Labor/Employment

Practical Considerations for Requiring Employees to Report to Work in Light of COVID-19 Stay-At-Home Orders

As the number of reported cases of COVID-19 continues to increase dramatically, several states, including California, Connecticut, Illinois, Massachusetts, Maryland, New York, New Jersey, Ohio, and Louisiana, have issued public health orders requiring over one-fourth of Americans to stay at home.  More states are likely to follow.  While these orders generally require non-essential businesses, such ...›

March 20, 2020Coronavirus, Labor/Employment

OFCCP Issues National Interest Exemption for New Coronavirus Relief Contracts

On March 17, 2020, the Office of Federal Contract Compliance Programs (“OFCCP” or the “Agency”) issued a National Interest Exemption memorandum providing a limited, three-month exemption to new supply and service and construction contracts entered into specifically to provide Coronavirus relief.  The exemption waives some of the affirmative action requirements typically included in government contracts. ...›