Author Archives: Cooley

DOL Rejects OFCCP Jurisdiction Over Florida Hospital Participating in Military Health Program

On October 19, 2012, the U.S. Department of Labor’s Administrative Review Board (“ARB”) dismissed a complaint brought by the OFCCP against the Florida Hospital of Orlando (“Florida Hospital”), a TRICARE provider. The ARB ruled that the Florida Hospital’s subcontract with Humana Military Healthcare Services is not a covered subcontract for purposes of the affirmative action and other compliance obligations imposed by OFCCP. OFCCP v. Florida Hospital of Orlando, ARB Case No. 11-011. Continue reading

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Filed under Uncategorized

OFCCP Files Suit Against Cargill Seeking to Cancel Its Federal Contracts and Debar It From Bidding on Future Solicitations

On November 29, 2011, the Office of Federal Contract Compliance Programs (“OFCCP”) filed an administrative complaint with the Office of Administrative Law Judges (“OALJ”) against Cargill Meat Solutions Corporation (“Cargill”) seeking to rescind over $550 million in contracts held by the Company.  According to a press release issued by OFCCP, Cargill allegedly discriminated against 4,069 qualified female and minority applicants for entry-level production jobs at its Springdale, Arkansas establishment.  OFCCP filed the complaint after it was unable to secure a Conciliation Agreement with Cargill.

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Filed under Affirmative Action Plan (AAP), Department of Labor, Discrimination, EEO, Executive Order, OFCCP, Veterans

EEOC and OFCCP Enter a New Memorandum of Understanding

On November 7, 2011, the Office of Federal Contract Compliance Programs (“OFCCP”) and the Equal Employment Opportunity Commission (“EEOC”) entered a new Memorandum of Understanding (“MOU”) that allows for greater sharing of information between the agencies and collaboration on enforcement initiatives.  The stated goal of the MOU is “to promote greater efficiency and coordination, and to eliminate conflict and duplication of effort” between the agencies.  There has been a MOU between the two agencies since 1970.  Although the MOU has been updated several times (e.g., 1974, 1981, and 1999), the agencies have rarely coordinated or collaborated on enforcement initiatives.

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Filed under Affirmative Action Plan (AAP), Department of Labor, Discrimination, EEO, OFCCP

Department of Defense Issues Final Rule Requiring Contractors to Certify Compliance with Revolving Door Restrictions

On November 18, 2011, the Department of Defense (“DoD”) issued a final rule that requires contractors bidding on solicitations to certify that former DoD officials employed by or receiving compensation from the contractor who are anticipated to work on the contract have complied with their post-employment restrictions under 18 U.S.C. § 207, 41 U.S.C. §§ 2101–2107, and 5 C.F.R. parts 2637 and 2641, including Federal Acquisition Regulation § 3.104–2.  The representation will be required only one time rather than continuously throughout the performance of the contract.  The certification will apply to all solicitations entered on or after November 18, 2011. 

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Filed under Department of Defense

Federal Court Requires United Space Alliance to Provide OFCCP with Data

On November 14, 2011, Judge Royce C. Lamberth, the Chief Judge for the Federal District Court for the District of Columbia, held in United Space Alliance, LLC v. Solis, et al. that the Office of Federal Contract Compliance Programs (“OFCCP”) had the right to request compensation data from United Space Alliance, LLC (“USA”) for periods beyond its initial scheduling letter.

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Filed under Affirmative Action Plan (AAP), Compensation, Department of Labor, OFCCP

Final Rule Prohibiting Reimbursement of Contractors for Costs Related to Influencing Unionization Decisions

On November 2, 2011, the Department of Defense (“DoD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration (“NASA”) issued a final rule implementing President Obama’s Executive Order 13494, Economy in Government Contracting (“EO 13494”).  EO 13494 prohibits government contractors from being reimbursed for activities aimed at influencing employees’ decisions to unionize or bargain collectively. 

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Filed under Department of Defense

Proposed Rule Could Require Contractors to Conduct Privacy Training

On October 14, 2011, the Department of Defense (“DoD”), the General Services Administration (“GSA”), and the National Aeronautics and Space Administration (“NASA”) issued a proposed rule that contemplates requiring  federal contractors to conduct privacy training for certain employees.  The purpose of the proposed rule is to extend the safeguards of the Privacy Act to contractors who handle sensitive information through covered government record systems.

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Filed under Department of Defense, Executive Order

Final Rule on Personal Conflicts of Interests for Contractors

On November 2, 2011, the Department of Defense (“DoD”), General Services Administration (“GSA”), and the National Aeronautics and Space Administration (“NASA”) issued a final rule that holds federal contractors and subcontractors that perform acquisition functions closely associated with inherently governmental functions liable for their employees’ personal conflicts of interests.  As we previously reported, these agencies issued a proposed rule on November 13, 2009, which contemplated requiring each contractor with employees performing qualifying acquisition functions to identify and prevent personal conflicts of interest for such employees.  The final rule adopts, without change, many of the requirements of the final rule, including requirements that contractors:

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Filed under Uncategorized

Final Rules Published by DoD, GSA and NASA for Poster Required by Executive Order 13496: Notification of Employee Rights under Federal Labor Laws

On November 2, 2011, the Department of Defense (“DoD”), General Services Administration (“GSA”), and the National Aeronautics and Space Administration (“NASA”) published a final rule adopting, without change, the DOL’s May 2010 final rule implementing Executive Order 13496: Notification of Employee Rights under Federal Labor Laws.  The final rule requires federal contractors and subcontractors to post a notice in their workplace informing employees of their rights under the National Labor Relations Act (“NLRA”).  See our previous Alert on the DOL final rule for more information on the actual poster requirements.

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Filed under Department of Labor, NLRB, OFCCP

DOL VETS-100 Online Filing System Now Operational

On November 1, 2011, the DOL announced that contractors can now submit their VETS-100/100A reports electronically using the VETS100 reporting application.  DOL indicated that all contractors must register for the 2011 cycle whether or not they have previously registered.  Contractors can register at vets100.dol.gov and will have until December 30, 2011 to file their VETS-100/100A reports.

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Filed under Department of Labor, OFCCP, Veterans