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EMPLOYEE VOLUNTARY DISABILITY SELF-IDENTIFICATION FORM: WHICH JOHN SMITH?

April 15, 2014

The OMB-approved voluntary disability self-identification form allows for employees to provide their name, but no other unique identifying information. What if a federal contractor has multiple employees with the same name (e.g., John Smith)?...

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EEOC LOSES APPEAL IN KAPLAN CASE

April 15, 2014

I reported on district court ruling EEOC v. Kaplan Higher Learning in an Alert dated 3/21/13, in which Judge Patricia A. Gaughan of the District Court for the Northern District of Ohio, Eastern Division awarded summary judgment to Kaplan on EEOC’s...

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President Obama Celebrates Equal Pay Day by Signing New Executive Order and Issuing a Memo for Federal Contractors

April 08, 2014

Today, April 8, 2014, the White House hosted a press conference in honor of Equal Pay Day. Equal Pay Day symbolizes how far into 2014 women must work to earn what men earned in 2013, based on national pay averages. Lilly Ledbetter, the namesake of...

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Secretary Of Labor Announces Moratorium For TRICARE Providers

April 01, 2014

The Secretary of Labor, Thomas Perez, announced a moratorium on enforcement of affirmative action obligations for TRICARE providers. In a letter to several members of the Committee on Education and the Workforce and the Subcommittee Workforce...

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OFCCP Onsite Reviews: Back And Better Than Ever

April 01, 2014

OFCCP onsite visits had previously been on the decline, and were virtually non-existent as recently as fiscal year end 2013. However, onsite visits appear to be back, and OFCCP is focusing on compensation. This is not surprising given the agency’s...

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OFCCP'S FY 2015 Budget - What to Expect From OFCCP

April 01, 2014

Secretary of Labor Thomas Perez released President Obama’s FY 2015 budget on March 4, 2014, including a request for over $107 million for OFCCP. The total increase in the budget amount this fiscal year is almost $3 million, including 710 FTE...

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House of Representatives Inquires About DOL's Future Plans for LGBT

April 01, 2014

In a letter addressed to Secretary of Labor Thomas Perez, 19 Democrats from the House of Representatives inquired about the extent to which the Department of Labor (DOL) plans to include lesbian, gay, bisexual, and transgender (LGBT) individuals in...

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By Presidential Memorandum: Overtime Changes Brewing

April 01, 2014

The March 13, 2014 memorandum from President Obama to the DOL Secretary, Thomas Perez, sets the stage for additional revisions to the Fair Labor Standards Act. While no specific action is addressed, the Secretary is directed to propose revisions to...

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WILL THE EXECUTIVE ORDER RAISING THE MINIMUM WAGE HURT CONTRACTORS?

April 01, 2014

On February 12, 2014, President Obama issued Executive Order 13658, increasing the hourly minimum wage paid by federal contractors from $7.25 to $10.10. The minimum wage for tipped workers will also increase from $2.13 to $4.90 per hour. These rates...

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98 MILLION DOLLAR SETTLEMENT IN UNITED STATES v. NYC FIREFIGHTER CASE

April 01, 2014

We first reported on this case in an Alert on August 12, 2010. The case is interesting because it is a long-running adverse impact case that ultimately morphed into a disparate treatment case. Originally, the DOJ challenged two entry-level exams...

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District Court Judge Rules in Favor of OFCCP’s New Section 503 Rrule

March 21, 2014

A ruling was issued today by District Judge Emmet Sullivan in the case of Associated Builders Contractors, Inc. v. Patricia A. Shiu in the United States District Court for the District of Columbia (the ruling may be viewed here). Associated...

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ARE THE NEW 503 AND VEVRAA METRICS A PART OF THE DESK AUDIT?

March 17, 2014

One interesting and unanswered question, related to the new 503 and VEVRAA regulations, concerns what information would be required for submission to OFCCP as part of the desk audit. Because OFCCP’s scheduling letter defines what is required as part...

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