Government Contractor Compliance & Regulatory Update

Latest from Government Contractor Compliance & Regulatory Update

According to the National Office Directory for OFCCP, Michael Schloss has been named as the new Acting Director and Deputy Director of Policy of the Office of Federal Contract Compliance Programs (“OFCCP”). Michele Hodge, who previous served as Acting Director, is now listed as Deputy Director. The agency has yet to put out any

Following President Trump’s rescission of Executive Order 11246, on January 24, 2025, the Acting Secretary of Labor issued Secretary’s Order 03-2025 (the “Order”), which orders all Department of Labor employees, including those in the OFCCP, to:

“Cease and desist all investigative and enforcement activity under the rescinded Executive Order 11246 and the regulations promulgated

On January 23, 2025, the Office of Federal Compliance Programs (OFCCP) sent out its first official agency communication since the issuance of President Trump’s Executive Order (the “Trump Order”) revoking Executive Order 11246 .  The message served to inform contractors of the import of Trump Order, but also that some OFCCP obligations remain.

OFCCP’s message

On January 21, 2025, President Trump issued a broad executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (the “Order”), which among other things, rescinds Executive Order (“EO”) 11246. EO 11246 is the underpinning for government contractor race and sex affirmative action program requirements. The order also instructs OFCCP to immediately cease:

With President Trump’s second administration set to begin on January 20, 2025, federal contractors and subcontractors are anxiously awaiting what he might do with respect to the Office of Federal Contract Compliance Programs (“OFCCP”) and the employment obligations imposed on federal government contractors.  While the Trump transition team has not signaled exactly what is in

Effective as of January 8, 2025, the FAR Council has withdrawn a proposed rule that would have limited federal contractors from seeking and considering information about job applicants’ compensation history and required contractors to disclose salary ranges in job postings.

The announcement states that “in light of the limited time remaining in the current Administration”

On November 20, 2024, OFCCP announced a new Corporate Scheduling Announcement List (CSAL) for supply and service contractors. The new list consists of 2,000 federal contractors and subcontractors selected for a Compliance Evaluation, Corporate Management Compliance Evaluation, Functional Affirmative Action Program Evaluation, or University Evaluation.

The list merely notifies contractors and subcontractors that they will

On October 30, 2024, the District Court for the Southern District of Texas preliminarily enjoined the Department of Labor (“DOL”), the Secretary of Labor, the Office of Federal Contract Compliance Programs (“OFCCP”), and the presiding Administrative Law Judge (“ALJ”) from proceeding with an administrative case against ABM Industry Groups, LLC.  In issuing its ruling, the

On October 28, 2024, the Office of Federal Contract Compliance Programs (“OFCCP”) published a notice in the Federal Register informing federal contractors that the agency has received two new Freedom of Information Act (“FOIA”) requests from the University of Utah and a non-profit organization named “As You Sow” (the “Requests”).

The Requests seek all Type

On July 26, 2024, OFCCP published Directive 2024-01: Expedited Conciliation Procedures (the “Directive”). The Directive is intended to “outline updated procedures for an expedited conciliation option, giving contractors and the agency flexibility in the resolution of violations.” 

Background

Directive 2024-01 rescinds and replaces DIR 2019-02, Early Resolution Procedures, which established the OFCCP’s early dispute resolution procedures.