The Government Contractor Compliance & Regulatory Update blog, published by Proskauer Rose LLP, focuses on legal developments affecting federal contractors and subcontractors. It covers regulatory changes, compliance requirements, and enforcement actions related to government contracts, including labor and employment issues, affirmative action obligations under laws like Section 503 and VEVRAA, and implications of government shutdowns. The blog also addresses emerging topics such as the impact of executive orders on diversity, equity, and inclusion (DEI) initiatives, the use of artificial intelligence in the workplace, and federal investigations into civil rights compliance. It provides guidance on navigating complex federal regulations and managing risks associated with government contracting.
In a decision issued on September 16, 2024, the United States Government Accountability Office (“GAO”) ruled that federal contracting rules do not prohibit government agencies from requiring contractors to enter into labor harmony agreements.
In 2022, Maximus Federal Services, Inc.…
On July 26, 2024, OFCCP published Directive 2024-01: Expedited Conciliation Procedures (the “Directive”). The Directive is intended to “outline updated procedures for an expedited conciliation option, giving contractors and the agency flexibility in the resolution of violations.”
Background
Directive 2024-01 rescinds…
On May 24, 2024, the Federal Acquisition Regulation (“FAR”) Council published a Notice and request for comments for 9000-0177, Reporting Executive Compensation and First-tier Subcontract Awards.
If approved, the new FAR will require contractors to: (1) publicly report certain information…
As we previously reported, federal contractors and subcontractors (“Contractors”) have until July 1, 2024 to certify the status of their Affirmative Action Programs (“AAPs”) with the OFCCP Contractor Portal. Specifically, covered Contractors are asked to certify, on an…
On June 7, 2024, OFCCP released its latest Corporate Scheduling Announcement List (CSAL). The list identifies 500 supply and service contractors and subcontractors selected for a Compliance Review (Establishment Review), Corporate Management Compliance Evaluation, Functional Affirmative Action Program Review, or…
The Office of Federal Contract Compliance Programs (“OFCCP”) has released its 2024 Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) benchmark. Effective March 31, 2024, the new benchmark is 5.2%, a slight decrease from 2023’s 5.4% benchmark. This is OFCCP’s ninth…
On March 25, 2024, the U.S. Department of Labor (“DOL”) announced that its Contractor Portal will open to receive Affirmative Action Program (“AAP”) certification submissions on April 1, 2024. Certifications must be made by July 1, 2024.
Since launching the Contractor…
On January 29, 2024, the 15th anniversary of the enactment of the Lilly Ledbetter Fair Pay Act, the Biden Administration announced that it would be taking new actions to implement the Executive Order on Advancing Economy, Efficiency, and Effectiveness…
UPDATE: On February 15, 2024, the DOL appealed the lower court’s decision ordering the release of the 2016–2020 Type 2 Consolidated EEO-1 Reports to the Ninth Circuit. The court has temporarily stayed the release of the Reports as a result…
On October 30, 2023, President Biden issued an “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (the “EO”), the first executive order directly addressing artificial intelligence.
Of particular interest to federal government…
