We continue now with step three of seven to getting into compliance with the new OFCCP regulations. As we said in our prior post covering steps one and two, on March 24, 2014 major revisions to regulations on the laws requiring federal contractors and subcontractors to engage in affirmative action for disabled individuals and veterans go into effect. While steps one and two need to be in place on or soon after March 24, the remaining steps are only required to be in place as of the date of the first affirmative action plan developed after March 24…but they will take some significant time and effort to implement.

On March 24, 2014, major changes to regulations on the laws requiring federal contractors and subcontractors to engage in affirmative action for disabled individuals and veterans will go into effect. Is your company ready?

Now is the time to begin taking concrete steps to comply with the new regulations because some of the new required elements of your affirmative action program must be operational on March 24, 2014. Other requirements must be in place as of the date of your first affirmative action plan after March 24, but they make take some time to implement.

Join Troutman Sanders’ Labor & Employment Partner, Evan Pontz, and co-presenter, Rebecca Shanlever of Hall, Arbery, Gilligan, Roberts & Shanlever as they repeat the webinar:

Strategies For Dealing With FMLA Abuse
Thursday, February 27, 2014

1:00 p.m. – 2:30 p.m.
Live webinar via your computer

Many in-house counsel and human resources officials are aware that their company, as a federal contractor, is required to engage in affirmative action.  However, many are unaware of the significant risks associated with a compliance audit of their affirmative action program by the Office of Federal Contract Compliance Programs (“OFCCP”).

Last March, I wrote about a lawsuit the EEOC filed against a department store that allegedly refused to hire a woman because she was pregnant.  In the post “Thoughtless Comments Make For Easy Pickings,” I noted some interesting accusations contained in the case — including that the pregnant woman claimed she was told that the hiring manager “had not had much luck hiring pregnant women” and that she should re-apply “after giving birth.”

Earlier this week, we discussed how when drafting or reviewing a restrictive covenant, few are likely to devote any significant attention to the provisions in the “Miscellaneous” section of the agreement, and how this is a significant mistake.  In particular, we discussed how forum selection clauses are extremely important when drafting restrictive covenant agreements.

In this post, we are considering Choice of Law and Arbitration provisions.

When drafting or reviewing a restrictive covenant, you are likely to spend a significant amount of time considering its specific purpose and scope.

Few, however, are likely to devote any significant attention to the remaining provisions in document, including the likely “Miscellaneous” portion that is almost always a part of the agreement.  This is a mistake.  There are numerous provisions contained in this section that can, in some circumstances, be outcome-determinative.  Below is a consideration of three such provisions and their importance to your agreement.

As part of President Obama’s “Open Government Initiative,” the Occupational Safety & Health Administration (OSHA) has proposed a new rule that would require employers with more than 250 employees to publicly file their injury and illness logs on a quarterly basis. OSHA has also proposed that all employers in industries with high injury rates publicly file their injury and illness reports once a year.

On November 19, 2013, a trade association representing construction-related firms, Associated Builders and Contractors, Inc., filed a complaint in the United States District Court for the District of Columbia, seeking to block a final rule from the Office of Federal Contract Compliance Programs (OFCCP) that would require federal contractors to establish a seven-percent goal for the employment of workers with disabilities. 

On September 24, the OFCCP published the final rules revising the regulations implementing Section 503 of the Rehabilitation Act of 1973 and The Vietnam Era Veterans’ Readjustment Assistance Act of 1974 that had been announced in late August.  The final rules become effective March 24, 2014.  Employers should start planning…