Comment period on OFCCP’s proposed regulation on pay secrecy closing

by Emily L. Bristol

The comment period for a new rule prohibiting federal contractors from having pay secrecy policies will come to a close on December 16.

The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) regulation, “Government Contractors, Prohibitions Against Pay Secrecy Policies and Actions,” would prohibit contractors from taking action against applicants or employees because they were discussing, inquiring about, or disclosing their compensation or the compensation of another applicant or employee. The proposed regulation also includes:

  • Definitions for key terms such as “compensation,” “compensation information,” and “essential functions”;
  • An obligation to disseminate a new OFCCP-mandated nondiscrimination provision to employees and applicants; and
  • A defense for the discipline of an employee, such as an HR employee, who improperly discloses employee pay absent a separate legal obligation to disclose the information.

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LGBT final rule for contractors published

December 05, 2014 - by: Tammy Binford 0 COMMENTS

The final rule implementing President Barack Obama’s Executive Order prohibiting federal contractors from discriminating against employees and applicants based on sexual orientation and gender identity has been published in the December 9 Federal Register.

The rule implements Executive Order 13672, which Obama signed on July 21. The order directed the U.S. Department of Labor (DOL) to update rules to add gender identity and sexual orientation to classes protected by law. Obama had hoped Congress would pass the Employment Non-Discrimination Act (ENDA), which would have covered more employers than just those with government contracts, but that bill has not passed.

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$10.10 minimum wage for contractors set for January 1

December 01, 2014 - by: Tammy Binford 0 COMMENTS

President Barack Obama’s Executive Order raising the minimum wage for federal contractors and subcontractors is set to take effect for all federal contracts beginning on or after January 1.

Obama signed Executive Order 13658 on February 12. The U.S. Department of Labor (DOL) announced the final rule implementing the order on October 1. The DOL has said the order will affect nearly 200,000 workers.

Obama had urged Congress to raise the federal minimum wage for all workers covered under the Fair Labor Standards Act (FLSA) to $10.10 an hour, but that effort failed in Congress. The current minimum wage, in force since 2009, is $7.25 an hour. Obama’s Executive Order applies only to employees of federal contractors and subcontractors. Congressional action is necessary to raise the general minimum wage.

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New circuit ruling complicates same-sex marriage issue

November 07, 2014 - by: Tammy Binford 0 COMMENTS

The issue of how employers should handle same-sex marriage got a bit murkier November 6 as a divided appeals court panel broke with rulings from four other U.S. circuit courts of appeals by upholding state bans on same-sex marriage.

A three-judge panel from the 6th U.S. Circuit Court of Appeals issued the 2-1 decision, which allows bans on same-sex marriage in four states to stand. The court’s decision—affecting Kentucky, Michigan, Ohio, and Tennessee—differs from other jurisdictions that have recently struck down similar state bans.

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Comment period for rule on federal contractor compensation data extended

November 03, 2014 - by: HR Hero 0 COMMENTS

The U.S. Department of Labor (DOL) has extended the comment period for a proposed rule that would require federal contractors and subcontractors to submit an annual equal pay report to the Office of Federal Contract Compliance Programs (OFCCP).

The 60-day extension means comments must be submitted by January 5, 2015. Interested parties can read and comment on the proposed rule, which was published in the August 8 Federal Register, by visiting www.dol.gov/ofccp/epr.html.

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Final rule on minimum wage for contractors released

October 02, 2014 - by: Tammy Binford 0 COMMENTS

by Tammy Binford

Federal contractors can now take a look at the rules they will have to follow when an Executive Order that requires a $10.10 per hour minimum wage for workers on federal service and construction contracts takes effect.

The U.S. Department of Labor (DOL) announced the final rule on October 1. The rule implements Executive Order 13568, which was announced by President Barack Obama in February. The DOL’s announcement said the Executive Order will affect nearly 200,000 workers.

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Federal contractor ‘pay transparency’ rule up for comment

September 17, 2014 - by: Tammy Binford 0 COMMENTS

by Tammy Binford

The U.S. Department of Labor (DOL) has published a proposed rule aimed at ensuring that employees of federal contractors are allowed to discuss their compensation. The proposed rule, which was published in the September 17 Federal Register, gives interested parties until December 16 to submit comments.

The rule’s language prohibits federal contractors and subcontractors from firing or otherwise discriminating against employees or applicants who discuss, disclose, or inquire about their compensation or another employee’s or applicant’s compensation.

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OFCCP updates guidance on gender identity and transgender discrimination

August 20, 2014 - by: Tammy Binford 2 COMMENTS

by Tammy Binford

On August 19, the Office of Federal Contract Compliance Programs (OFCCP) announced a new directive related to its decision to update its enforcement actions regarding gender identity and transgender discrimination.

On June 30, the U.S. Department of Labor (DOL) announced it would update its enforcement protocols and guidance to reflect that the full protection of federal antidiscrimination laws applies to claims of gender identity or transgender status.

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Comment period on $10.10 minimum wage rules ends July 28

July 09, 2014 - by: HR Hero Alerts 1 COMMENTS

by Rachael E. Luzietti

The comment period for the proposed rule to implement President Barack Obama’s Executive Order to raise the minimum wage for employees working on government contracts ends July 28. Those interested in having their voices heard should submit comments at www.regulations.gov.

In February, Obama issued Executive Order 13658, which mandates a minimum hourly wage of $10.10 to be paid by employers contracting with the federal government. The U.S. Department of Labor (DOL) issued a notice of proposed rulemaking on June 17 to implement the order.

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Proposed rule would extend FMLA protection to employees in same-sex marriages

June 20, 2014 - by: Tammy Binford 1 COMMENTS

by Tammy Binford

On June 20, the U.S. Department of Labor (DOL) announced a proposed rule that would allow employees to take Family and Medical Leave Act (FMLA) leave to care for a same-sex spouse even if the couple lives in a state that doesn’t recognize same-sex marriages.

The proposed rule is another result of the U.S. Supreme Court’s decision in United States v. Windsor. The Court struck down the provision of the Defense of Marriage Act (DOMA) that interpreted “marriage” and “spouse” to be limited to opposite-sex marriages for the purposes of federal law.

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