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
Category Archives: Executive Order
Administrative Judge Finds Contractor Could Not Argue OFCCP Lacked Jurisdiction Over Data It Voluntarily Delivered to OFCCP
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
On April 13, 2011, the Obama administration released a draft Executive Order called “Disclosure of Political Spending by Government Contractors” (“Draft Order”) that contemplates requiring federal contractors to disclose political contributions when bidding on federal contracts. As currently drafted, the disclosure obligation would require contractors to disclose contributions of the company and its subsidiaries, affiliates, officers and directors. The Draft Order is intended to “increase transparency and accountability” in the contracting system so that the American public is “ensure[d] efficient and economical procurement process[es].” Continue reading