The “OFCCP Week in Review” is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment published every Monday. Here are this week’s developments:
May 7, 2015: Federal Court Says Federal Contractors Must Post OFCCP “Employee Rights” Poster. The National Association for Manufacturers and the Virginia Manufacturers Association filed suit in December 2013 challenging on four different legal grounds the U.S. Department of Labor’s May 20, 2010 Final Rule requiring most federal contractors to post workplace notices (so-called “anti-Beck” posters) informing their employees of their rights under the National Labor Relations Act. United States District of Columbia District Court Judge Amit P. Mehta has now dismissed all four claims that (1) the Rule violated contractor First Amendment Rights; (2) the President and US DOL lacked the authority to promulgate the Rule pursuant to the Federal Procurement Act; (3) the Rule was arbitrary and capricious; and (4) the NLRA pre-empted the Rule. National Association of Manufacturers et al. v. Perez, et al., Civil No. 1:13-cv-01998 (APM) US DC for DC. BOTTOM LINE: Federal contractors must continue to hang the Employee Rights poster. Nothing prevents a contractor, however, from hanging any additional posters not violative of law or contract.
May 14, 2015: Joyce Morgan of Morgan Consulting Services added as part of DirectEmployers Association Compliance Team. Joyce Morgan began her career with the OFCCP in 1979 and quickly moved through the ranks to various management roles serving as Assistant District Director, District Director and finally Deputy Regional Director for two of OFCCP’s largest regions–Dallas, Texas and Chicago, Illinois. Her career progression placed her in a highly mobile position, allowing her to work in four of the six regions of the OFCCP. Joyce’s 26-year career path, coupled with her consulting practice, as well as the positive relationship she maintains with the OFCCP, makes her one of the unique consultants and an expert in OFCCP regulations and the Agency’s administration and implementation of the respective laws.
DirectEmployers prides itself in having the best OFCCP compliance expertise and a complete understanding of federal contractor obligations, not only from an advisory role, but also from a legal and functional standpoint. By adding Joyce Morgan to the Association’s OFCCP Compliance Advisory Team, DirectEmployers now offers a three-pronged approach–education, practical compliance advice and legal consulting–to aid its Members to meet the often technical day-to-day compliance challenges of being a federal contractor.
May 14, 2015: DirectEmployers Association introduces OFCCP Compliance Advisory Board at DEAM15. Fifteen experts in the Compliance industry have joined with DirectEmployers as part of a Compliance Advisory Board to assist their clients and DirectEmployers’ Members in collaborating together to bring compliant solutions to any issues contractors may face. With the best minds in the business working toward common goals, DirectEmployers’ Members and CAB members’ clients will have access to the best advisory compliance assistance in the industry.
THIS COLUMN IS MEANT TO ASSIST IN A GENERAL UNDERSTANDING OF THE CURRENT LAW AND PRACTICE RELATING TO OFCCP. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. COMPANIES OR INDIVIDUALS WITH PARTICULAR QUESTIONS SHOULD SEEK ADVICE OF COUNSEL.
Reminder: If you have specific OFCCP compliance questions and/or concerns or wish to offer suggestions about future topics for the OFCCP Week In Review, please contact your membership representative at 866-268-6206 (for DE members), or send an email to Candee Chambers at candee@directemployers.org with your ideas.
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