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.
Category Archives: Compensation
On October 27, 2011, United Space Alliance, LLC (“USA”), the government’s primary contractor for manned space missions, argued to Judge Royce C. Lamberth, the Chief Judge for the Federal District Court for the District of Columbia, that the Office of Federal Contract Compliance Programs’ (“OFCCP’s”) request for compensation data for periods beyond its initial scheduling letter violated the Administrative Procedures Act (“APA”) and the Fourth Amendment. Continue reading
Department of Labor Issues Final Rule Implementing Executive Order Requiring Service Contract Act Contractors to Hire Predecessor Employees
On August 29, 2011, the Department of Labor’s Wage and Hour Division (“WHD”) issued a final rule to implement President Obama’s Executive Order 13495, Nondisplacement of Qualified Workers Under Service Contracts (the “Executive Order”). The Executive Order requires federal contractors and subcontractors that are successors to certain government contracts to offer employment on a “first right of refusal” to employees (not including managerial or supervisory employees) employed under the predecessor contract, whose employment would be otherwise terminated at the end of the predecessor contract. Continue reading
On August 10, 2011, the Office of Federal Contract Compliance Programs (“OFCCP”) issued its advance notice of proposed rulemaking (“ANPRM”) requesting comments on a new compensation data collection tool it plans to create. The OFCCP indicated that this new tool could potentially be used to identify compensation discrimination at contractor establishments and identify and analyze “industry trends, Federal contractors’ compensation practices, and potential equal employment-related issues.” Continue reading
Administrative Judge Ruling Expands OFCCP’s Authority To Collect Compensation Information During A Desk Audit
On February 28, 2011, Administrative Law Judge Daniel A. Sarno, Jr. greatly expanded OFCCP’s authority by holding in OFCCP v. United Space Alliance, LLC, 2011-OFC-00002 (ALJ, Feb. 28, 2011) that OFCCP can collect supplemental compensation beyond the initial 11 item scheduling letter during the desk audit. Continue reading