- Staying Current: the Latest on Executive Orders and OFCCP’s Regulatory Agenda
- April 6, 2015 | Author: Mickey Silberman
- Law Firm: Jackson Lewis P.C. - Denver Office
Last spring and summer saw a flurry of Executive Orders and OFCCP actions. With everything that’s going on its hard to keep tabs on the status of all the new regulations and regulatory actions. In an effort to help keep tabs on it all, here’s an up-to-date recap of the Agency’s agenda:
- Minimum Wage for Federal Contractors: The $10.10/hour wage applies to covered contracts arising out of solicitations issued after January 1, 2015.
- LGBT Discrimination: The final rules will be effective for federal contracts/subcontracts entered into after April 8, 2015. Although you may want to update other documents for consistency, the final regulations only require two primary actions:
- Inclusion of “sexual orientation” and “gender identity” in your EEO Tagline if the protected statuses are listed. We may still use abbreviated EEO Taglines; and
- Posting of an updated “EEO is the Law” poster when available.
- Sex Discrimination Proposed Rules: In January, OFCCP proposed binding regulations to replace the decades-old Sex Discrimination Guidelines. The comment period closes March 31, 2015 so you still have time to submit your comments.
- Equal Pay Report: OFCCP’s Regulatory Agenda projects August 2015 for publication of the final rules. More about the Report can be found here.
- Pay Transparency: According to OFCCP’s Regulatory Agenda, final regulations are targeted for September 2015. In addition to prohibiting discrimination/retaliation against applicants and employees who discuss pay, the proposed rules require:
- Inclusion in employee handbooks of an anti-discrimination policy; and
- Physical or electronic posting of the policy for applicants and employees.
- Construction Contractor Affirmative Action Requirements: OFCCP has for years been preparing updated regulations governing affirmative action for federal construction contractors. OFCCP’s latest projection is to release the proposed rules in September 2015.
- Fair Pay and Safe Workplaces: As we recently reported, a Congressional hearing addressed the complexity of and potential burdens on federal contractors imposed by this Order. No date has been published for proposed regulations but a White House Fact Sheet states this Executive Order will be “implemented on new contracts in stages, on a prioritized basis, during 2016.”
We will continue to provide updates with developments on the above so stay tuned.