Publications

Roffman Horvitz, PLC provides continual updates to its clients on OFCCP compliance and regulatory developments.

Client Updates

Administrative Law Judge Dismisses OFCCP Pay Discrimination Claims Against Analogic

Alissa A. Horvitz and Joshua S. Roffman

On March 22, 2019, U.S. Department of Labor Administrative Law Judge Coleen A. Geraghty ruled against the OFCCP in an enforcement action it brought against Analogic. The decision provides insight into what factors the OFCCP and contractors must consider when analyzing alleged pay discrimination. The decision represents a curtailment of the OFCCP's ability to claim that a statistical disparity in pay is caused by discrimination, without considering the individual elements and application of a contractor's compensation system.

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OFCCP Issues New Directives in 2018

Alissa A. Horvitz and Joshua S. Roffman

The OFCCP has followed through on its commitment to contractors to provide greater transparency around how employers are selected for audits, the audit process itself, compensation analysis methodologies, as well as the promise of a new Ombud Service.

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Despite Prior Decision Emphasizing Burden, ALJ Orders Google To Produce Extensive Pay Data Fields To OFCCP: Decision Narrows Scope of OFCCP's Request But Leaves In Place Tremendously Burdensome Information Demand

Alissa A. Horvitz and Joshua S. Roffman

Administrative Law Judge (ALJ) Steven Berlin issued another ruling in the ongoing dispute between the Office of Federal Contract Compliance Programs (OFCCP) and Google regarding the breadth and scope of pay data that OFCCP is seeking as part of its routine compliance review of Google's Mountain View, California headquarters. Despite employers' optimism that the ALJ's earlier decision would lead him to deny the bulk of OFCCP's requests on relevance or burden grounds, this latest decision grants OFCCP a large proportion of what it was seeking.

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Establishing Paid Sick Leave for Federal Contractors

Alissa A. Horvitz and Brendan J. George

On September 7, 2015, with his goal of "improved economy and efficiency in Government procurement," President Barack Obama signed a new executive order guaranteeing employees of federal government contractors and subcontractors an annual 7 days of paid sick leave. The executive order seeks to achieve this goal of government efficiency through (1) promoting the health and performance of federal contractor employees and (2) ensuring that Federal contractors' benefits packages remain competitive with "model employers."

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OFCCP Finalizes Pay Transparency Rule Prohibiting Pay Secrecy Policies

Alissa A. Horvitz and Brendan J. George

On September 10, 2015, OFCCP announced the release of the Final Rule implementing the Pay Transparency Executive Order (E.O. 13665). The Final Rule prohibits federal contractors and subcontractors from maintaining pay secrecy policies and from discriminating against employees and applicants for communicating regarding compensation. The Final Rule will take effect on January 11, 2016, and will apply to employers entering into new, or modifying existing, federal contracts in excess of $10,000 after the effective date.

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