Category Archives: Affirmative Action Compliance

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NLRB’s New Joint Employment Rules Fail . . . But Live to Fight Another Day

NLRB
No matter your political persuasion, there is little argument that during the second term of the previous administration, multiple federal agencies made landscape-altering changes to federal labor policy. These changes included rewriting guidance on independent contractor standards and accelerating the speed at which union organizing elections would occur following the filing of a representation petition.  … Continue reading this entry

NLRB: Employer Should Not Have Asked an Employee How Things Were Going During a Union Campaign

Campaign
Employers must tread carefully when communicating with employees during union organizing campaigns. A seemingly innocuous question can violate the National Labor Relations Act’s (NLRA) prohibition on employers soliciting grievances during a union organizational campaign and accompanying the solicitation with a promise, express or implied, to remedy such grievances.  However, it is not always clear what … Continue reading this entry

What Will Happen When the Smoke Clears? Post-Election HR Strategies for 2017 and Beyond

Trade Secrets
The long and contentious presidential campaign is over.  So, now what?  What does President-elect Trump’s victory mean for employers? To explore this question, Foley and Lardner LLP’s Labor & Employment Practice group hosted a webinar titled “What Will Happen When the Smoke Clears? HR Strategies for 2017 and Beyond” on November 10, 2016.  The team … Continue reading this entry

What Employers With Affirmative Action Policies Need to Know About a Recent Supreme Court Decision

Many employers who have read about the U.S. Supreme Court’s recent affirmative action decision are wondering what impact, if any, the ruling will have on them. After all, the main issue in that case was the propriety of a university’s affirmative action plan — specifically, its consideration of prospective students’ races in its admissions process. … Continue reading this entry

Do Not Forget! Time to Update Your Affirmative Action Plans

Many companies use the calendar year (January to December) as the plan dates for their Affirmative Action Plans (AAPs). For companies that do so, it is important to remember that current year AAPs for January 1, 2015, thru December 31, 2015, will expire on December 31, 2015. Under federal law, government contractors and subcontractors with … Continue reading this entry

Responding to a Scheduling Letter From the OFCCP: The Little Things Matter

It is the Tuesday after a long holiday weekend, and you are faithfully going through the pile of mail on your desk when you spy an envelope from the United States Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). You open the envelope and, sure enough, your facility has been selected for a … Continue reading this entry

Staying on Top of Federal Contractor Regulations

Earlier this year, the OFCCP began enforcement of extensive amended regulations on Affirmative Action Plans (AAP) and recordkeeping requirements for both protected veterans (VEVRRA) and persons with disabilities (Section 503). These regulations require significant modification to existing AAP, including new requirements for data collection, outreach, and training, “benchmarks” and goals. Companies and entities dealing with … Continue reading this entry

Are You Compliant with the New OFCCP Regulations?

On August 27, 2013, the Office of Federal Contract Compliance Programs (OFCCP) published the final rules regarding affirmative action for protected veterans and individuals with disabilities. These rules, which went into effect, March 24, 2014, require federal contractors and subcontractors to substantially change their affirmative action programs for veterans and individuals with disabilities. In addition, … Continue reading this entry

Trick or Treat: Final Veterans/Disabled Rules Contains a Few Additional Surprises for Federal Contractors

As we previously reported, the Office of Federal Contract Compliance Programs (OFCCP) recently announced final rules established hiring targets with respect to the hiring of veterans and individuals with disabilities. Since that announcement, the rules have been published in the Federal Register and are scheduled to take effect on March 24, 2014. Although much of … Continue reading this entry

OFCCP to Put Contractors' Compensation Systems Under a New Microscope

In recent months, various agencies tasked with enforcing federal labor and employment laws have been a hotbed of activity — publishing guidance memoranda, enforcement directives, and the like. The Office of Federal Contract Compliance Programs (OFCCP) is no exception.… Continue reading this entry

The New Functional Affirmative Action Plan: Back and Better Than Before?

Federal contractors with at least 50 employees and federal contracts of at least $50,000 are required to develop and implement a written affirmative action program for each of their physical establishments. Functional affirmative action plans (FAAPs), in which an employer establishes an affirmative action program for a specific business department (marketing, for example) rather than … Continue reading this entry