Government Contracts

Memo
24-114
Tuesday, July 9, 2024

OFCCP has announced 16 formal settlements of enforcement actions against federal contractors during the first three quarters of the fiscal year. Our memo provides details.


Memo
24-110
Monday, July 1, 2024

MEMBER FEEDBACK REQUESTED. OFCCP has asked OMB for approval to use a more detailed scheduling letter and itemized listing for compliance reviews of construction contractors. While the agency rejected our recommendations, its response provides some in


Memo
24-107
Wednesday, June 26, 2024

As the July 1 certification deadline approaches, technical issues have once again frustrated OFCCP’s Contractor Portal certification process.


Memo
24-104
Tuesday, June 18, 2024

Our comments to the Office of Management and Budget argue that OFCCP’s Contractor Portal remains overly burdensome to federal contractors, and that changes should be made before it is extended for another three years


Memo
24-084
Thursday, May 16, 2024

MEMBER FEEDBACK REQUESTED. OFCCP has filed a formal request with the White House Office of Management and Budget to continue using its Contractor Portal for another three years. OMB is accepting comments on OFCCP’s request, and CWC intends to comment


Memo
24-079
Thursday, May 9, 2024

Federal contractors may find helpful a new guidance document published by OFCCP that outlines the risks and obligations that are potentially triggered by the use of AI and other automated systems in the workplace.


Memo
24-078
Tuesday, May 7, 2024

The Tenth Circuit Court of Appeals has ruled that President Biden acted within his authority in raising the minimum wage paid to workers employed on certain government contracts. In the meantime, two other federal appeals courts have yet to weigh in.


Memo
24-073
Thursday, April 25, 2024

CWC has filed written comments with OFCCP objecting to the agency’s proposal to reinstate an expanded version of its long-discontinued and highly burdensome monthly utilization reporting requirement for federal construction contractors and subcontrac


Memo
24-063
Wednesday, April 10, 2024

OFCCP has officially opened its annual online Contractor Portal by way of which covered federal contractors must certify their compliance with the agency’s AAP requirements. Certifications must be completed by July 1, 2024.


Memo
24-061
Monday, April 8, 2024

CWC has filed written comments with federal procurement agencies on a proposed new regulation covering federal contractors that would impose a salary history ban, a compensation disclosure requirement, and an employee notice requirement.


Memo
24-046
Wednesday, March 13, 2024

MEMBER FEEDBACK REQUESTED. Just three years after requiring federal construction contractors to submit detailed information to OFCCP with regard to meeting their nondiscrimination and affirmative action obligations, OFCCP now wants them to submit eve


Memo
24-023
Thursday, February 1, 2024

MEMBER FEEDBACK REQUESTED. Two years after President Biden issued an Executive Order calling for pay transparency in federal contracting, the government’s lead procurement agencies have proposed regulations that would require contractors among other


Memo
24-007
Monday, January 8, 2024

The entity that coordinates federal procurement policy has issued a final rule implementing a 2022 Executive Order issued by President Biden that essentially mandates the use of union labor on major federal construction projects.


Memo
24-002
Wednesday, January 3, 2024

The Department of Labor has issued a final rule reinstating a policy implemented during the Obama Administration and rescinded by the Trump Administration that requires a successor contractor covered by the federal Service Contract Act to offer emplo


Memo
23-196
Monday, October 9, 2023

The minimum wage rate on certain government contracts subject to coverage under separate Executive Orders issued by Presidents Obama and Biden will increase on January 1, 2024.


Memo
23-177
Monday, September 11, 2023

A new law enacted by Congress late last year entitled the “No TikTok on Government Devices Act” has compliance implications for federal contractors. Our memo explains.


Memo
23-098
Tuesday, May 16, 2023

President Biden has issued an Executive Order officially rescinding the federal contractor COVID-19 vaccine mandate, effective May 12, 2023.


Memo
23-086
Monday, May 1, 2023

The Ninth Circuit, contrary to decisions issued by three other federal appeals courts, has ruled that President Biden acted within his authority under the federal Procurement Act in issuing a 2021 Executive Order requiring federal contractors to ensu


Memo
23-085
Wednesday, April 26, 2023

The federal appeals court rejected a novel claim brought by a group of employees working for a government contractor that the company’s denial of their religious exemption request from a COVID-19 vaccine mandate was a violation of their Constitutiona


Memo
23-069
Monday, April 3, 2023

Two influential Republican members of Congress have written to the Biden Administration expressing concern that its “labor advisor” program smacks of the controversial Obama-era “blacklisting” rule that was shut down by Congress before it ever went i


Memo
23-017
Monday, January 23, 2023

MEMBER FEEDBACK REQUESTED. In a continuing sign that the Biden Administration believes a company’s labor law compliance should be taken into account in awarding federal contracts, it has instructed the major federal contracting agencies to designate


Memo
23-009
Wednesday, January 11, 2023

Another federal appeals court has concluded that President Biden exceeded his authority in issuing a September 2021 Executive Order that required employees working on covered government contracts to be vaccinated against COVID-19. That Order was neve


Memo
22-238
Tuesday, December 20, 2022

As we predicted, the final version of the “must-pass” National Defense Authorization Act approved by Congress earlier this month stripped out most of the labor union wish list provisions that the House of Representatives loaded into its version of th


Memo
22-207
Tuesday, November 1, 2022

As expected, OFCCP has informed federal contractors that they must begin using the EEOC’s new “Know Your Rights” poster to replace the familiar “EEO is the Law” poster and poster supplement that contractors have been using for years to meet OFCCP pos


Memo
22-193
Monday, October 10, 2022

Two different Presidential Executive Orders set a higher minimum wage rate on certain government contracts depending on when the contract was executed. Pursuant to an escalator clause contained in each E.O., the minimum wage rate under each will incr


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