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.
Category Archives: Executive Order
The Office of Federal Contract Compliance Programs (“OFCCP”) recently announced that it entered a Conciliation Agreement with Amarillo-based Caviness Beef Packers, Ltd. (“Caviness”) after a compliance evaluation revealed hiring discrimination at two of its meat processing facilities.
OFCCP determined during a compliance review of Caviness that the contractor had statistically significant disparities in the hiring rates, favoring men over women and Hispanics over non-Hispanics. Caviness agreed to enter a Conciliation Agreement with OFCCP requiring it to pay $600,000 to 746 identified class members as back pay and interest. In addition, Caviness agreed to extend offers to 81 women and non-Hispanics as positions become available and to revise its selection procedures for production producers to avoid any future violations.
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
Administrative Judge Finds Contractor Could Not Argue OFCCP Lacked Jurisdiction Over Data It Voluntarily Delivered to OFCCP
On September 19, 2011, Administrative Law Judge (“ALJ”) Stephen Purcell held in OFCCP v. Nash Finch Co., ALJ Case No. 2011-OFC-00004, that OFCCP could undertake enforcement actions based on data the contractor voluntarily delivered to OFCCP that was initially outside of OFCCP’s jurisdiction Continue reading
In an unlikely move, Manheim Government Services, LLC (“MAG”) and Manheim Auction Inc. (“MA”) entered a consent decree with OFCCP on September 13, 2011 agreeing to being debarred from bidding on federal contracts following an Administrative Law Judge (“ALJ”) ruling the two contractors were subject to OFCCP’s jurisdiction. Continue reading
On August 25, 2011, the National Labor Relations Board (“NLRB”) issued a final rule requiring all employers covered by the National Labor Relations Act (“NLRA”) to post a notice informing employees’ of their rights under the NLRA. The notice must be posted in a conspicuous place where the employer customarily posts such notices to employees, which could include the Internet or intranet sites. Employers who have failed to post the notice in compliance with the final rule can be found to have committed an unfair labor practice. The final rule goes into effect on November 14, 2011.
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