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Biden Administration Takes Its Foot Off The Gas on Employment Civil Rights Enforcement: OFCCP Joins EEOC in Nosedive in Critical Performance Metrics During Biden’s First Year

Biden Administration Takes Its Foot Off The Gas on Employment Civil Rights Enforcement: OFCCP Joins EEOC in Nosedive in Critical Performance Metrics During Biden’s First Year

What Federal Contractors May Expect For The Remainder of FY 2022 No one would have ever predicted it a year ago or did predict that the OFCCP and the EEOC (see last week’s WIR) would actually go backwards and perform below the level of the Trump Administration....

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OFCCP Week In Review: January 31, 2022

OFCCP Week In Review: January 31, 2022

  • This Week’s Vaccination Injunction Puzzle at a Glance
  • Georgia Court Clarifies Prior Nationwide Injunction of Federal Contractor Vaccine Mandate: Applies Only to the Vaccination Requirement (not other requirements): Biden Administration Yet to Respond
  • In Response to Supreme Court Ruling, CMS Issues Final Guidelines Implementing Vaccine Mandate for Healthcare Facilities in 25 States Where the Mandate Was Previously Enjoined
  • Biden Administration Takes Its Foot Off The Gas on Employment Civil Rights Enforcement: OFCCP Joins EEOC in Nosedive in Critical Performance Metrics During Biden’s First Year
  • Private Employer Vaccination Requirement Fight to Continue as OSHA Withdraws ETS But Maintains Proposed Final Rule for Potential Publication and Implementation
  • Interim Rule Issued Amending FAR to Implement Minimum Wage Increase For Federal Contractors
  • NLRB Launched E-Filing Service in Español
  • U.S. District Court for Arizona Joins the Parade and Enjoins the Federal Contractor/Subcontractor Vaccine Mandate, but Only in Arizona
  • EFFECTIVE YESTERDAY! $15 Minimum Wage for Some Federal Contractor Employees
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OFCCP Week In Review: January 31, 2022

OFCCP Week In Review: January 24, 2022

  • This Week’s Vaccination Injunction Puzzle at a Glance
  • California Pay Data Reporting Portal Opens February 1st
  • Should NLRB Change Its Legal Standard on Mandatory Arbitration Clauses?
  • HIRE Launched With Discussion Of “Reimagined” Recruitment Ideas
  • E-Verify Updated Webpage to Close Company Accounts
  • Union Membership Falls Back to 2019 Rate, 10.3% of Employed Workers: Only 6.1% in the Private Sector
  • EEOC’s First Year Performance Under Biden Nosedived In a Big Surprise and Amid Reduced Transparency
  • USDOL Released Training Video on the Federal Contractor Minimum Wage Increase
  • USDOL Launched “Good Jobs” Initiative
  • Biden Administration’s Vaccination Efforts Restricted to Just Mandate as to Healthcare Workers as Court Enjoins Executive Order Requiring Vaccination of Federal Employees
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OFCCP Week In Review: January 31, 2022

OFCCP Week In Review: January 18, 2022

  • This Week’s Vaccination Injunction Puzzle at a Glance
  • Earn Professional Development Credits by Attending E-Verify and Form I-9 Webinars
  • VETS Extends Transition Training Program to Include Veterans
  • USDOL Announced a Funding Opportunity to Assist Veterans Combat Homelessness/Return to the Workforce
  • OFCCP and EEOC Announce a Joint Hiring Practices Initiative
  • U.S. Supreme Court Stayed Implementation of the OSHA ETS: What It Means For Employers
  • SCOTUS Allowed Enforcement of the CMS Interim Final Vaccination Rule; Healthcare Facilities Subject to Vaccine Mandate for Medicare/Medicaid Staff
  • Clarification on The New Minimum Wage For Some Federal Government Contractors
  • A User’s Guide: What Employers Should Know When Implementing a Private Vaccine Mandate Policy
  • Processing Vaccination Accommodation Requests Under The ADA
  • USDOL Adjusted Civil Monetary Penalties Per Inflation Adjustment Act
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OFCCP Week In Review: January 31, 2022

OFCCP Week In Review: January 10, 2022

  • This Week’s Vaccination Injunction Puzzle at a Glance
  • Wage & Hour Administrator Nomination Boomerang
  • Court Prohibits Defense Department Discipline of 35 Navy Personnel Seeking Religious Accommodation From Vaccine Mandate
  • DE First to Have Signed Partnership Agreements with All 50 States & U.S. Territories for Electronic Job Listings
  • 6th Circuit Joins Prior 11th Circuit Decision in Refusing to Allow Enforcement of the Federal Contractor/Subcontractor Vaccine Mandate
  • Coalition of Healthcare Worker Unions File Petition Seeking Court Order to Make OSHA Healthcare ETS Permanent
  • The U.S. Department of Justice Weighed In Again On COVID Concerns Affecting Individuals With Disabilities
  • EEO-1 Administrators Take Note: EEOC Will Replace Its EEO-1 Type 6 Report For Small Establishments With Its Type 8 Report
  • Should NLRB Change Its Legal Standard On Work Rules?
  • U.S. Wage-Hour Division and NLRB MOU Promises Greater Enforcement and Investigation Opportunities Against Employers, Including as to Independent Contractor Misclassifications
  • Countdown to E-Verify Record Destruction
  • BILG Gets Answers On OFCCP Certification Portal
  • NLRB Seeks To Remedy Alleged Ethics Violations By Former Member Emanuel
  • Another Disappointing Monthly Jobs Report: Short Term Unemployment Dropped as Long-Term Unemployment Grew And More Americans Decided To Sit Out Millions of Available Jobs
  • Oral Argument Suggests U.S. Supreme Court Dubious OSHA Has Authority to Require Vaccination in ETS; Proponents of CMS Healthcare Worker Vaccination Mandate More Hopeful
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OFCCP Week In Review: January 31, 2022

OFCCP Week In Review: January 4, 2022

  • This Week’s Vaccination Injunction Puzzle at a Glance
  • U.S. Court of Appeals for the 11th Circuit Issued Two-Page Order Denying Biden Administration’s Request to Lift Nationwide Injunction Against Federal Contractor/Subcontractor Vaccine Mandate
  • USDOL Offers a Free Virtual Seminar to Help Covered Federal Contractors/Subcontractors Comply with the New $15 Minimum Wage Rule
  • Veterans’ Employment and Training Service to Hold Next Open Virtual Meeting of ACVETEO to Review Veterans hiring in 2021, Outreach for 2022 and Answer Employer Questions re Best Practices to Hire Veterans
  • Now is Your Chance! NLRB Seeks Employer Input as to Its Independent-Contractor Definition
  • CMS Issued Guidance on the Implementation of its Interim Final Rule for Healthcare Staff Vaccination Requirements Still in Force in the 25 States Not Subject to Injunction
  • 2021 EEO-1 Component 1 Data Reporting Portal to Open April 12, 2022, with a May 17, 2022, Last-Day-To-File Date. ALSO: 2019/2020 EEO-1 Filing Portal Closed
  • OSHA Seeks Comment Regarding Extending the Recordkeeping Requirements its Healthcare ETS Imposes as Issued June 21, 2021, and Withdrew the Substantive Portions of its Healthcare ETS
  • NLRB Follows Previous Court Ruling in Rejecting Argument that Appointment of NLRB General Counsel was Improper and Should Invalidate Any General Counsel Action Against Employers
  • U.S. District Courts Enjoin Vaccine and Masking Mandate HHS Sought to Impose on Teachers and Students Participating in Federal “Head Start” Programs with Possible Legal Implications for Other Private Sector Vaccination Mandates
  • URGENT! Today is the Last Day to Submit Comments to OSHA re the Recordkeeping Requirements of its Proposed OSHA ETS
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OFCCP Week In Review: December 20, 2021

OFCCP Week In Review: December 20, 2021

  • This Week’s Vaccination Injunction Puzzle at a Glance
  • When is COVID-19 A Disability Under the ADA? EEOC Expands Technical Assistance Guide
  • Today’s Youth = Tomorrow’s Workforce, How do We Cultivate At-Risk Talent?
  • Time Extended To Comment On “Consequential Damages” To Employees Per The NLRB
  • Form I-9 Employment Eligibility Verification Flexibility Extended Through April 2022
  • VETS Turns 40!
  • Just In Time To Save Christmas – A Joint Resolution To Increase The Debt Limit By $2.5 Trillion
  • This Week’s Surprising Vaccination Mandate Case Decisions
  • New Resource: How To Handle Captioning & ASL Requests For Virtual Meetings
  • Fair Chance Act – “Ban The Box” – Effective Today as to Federal Contractors!
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JD Supra Readers Choice Top Author 2023
Government Contracting:
#1 - John Fox
#2 - Candee Chambers
JD Supra Readers Choice Top Author 2022
Government Contracting:
#1 - John Fox
#2 - Candee Chambers
JD Supra Readers Choice Top Author 2021
Government Contracting:
#1 - John Fox