Hunton Employment & Labor Perspectives

The Office of Federal Contract Compliance Programs (OFCCP) is reinstating the Monthly Employment Utilization Report (CC-257), which will require businesses with federal construction contracts to report employee work hours and headcounts by race/ethnicity, gender, and trade.

A bill seeking to eliminate Diversity, Equity, and Inclusion practices passed out of the House Oversight Committee on a 23-17 vote. The Dismantle DEI Act, led by Congressman Michael Cloud (R-TX), outlines an effort to end all DEI-related activities within federal agencies, prevent DEI mandates in federal contracting and grants, and ensure that federal accreditation bodies prioritize merit and qualifications.

On October 30, 2024, Judge Sim Lake of the U.S. District Court for the Southern District of Texas issued a preliminary injunction, halting the Office of Federal Contract Compliance Programs (“OFCCP”) from proceeding with its administrative action against ABM Industry Groups.

On October 29, 2024, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published a Freedom of Information Act (FOIA) notice, inviting federal contractors to respond to FOIA requests that the OFCCP received related to federal contractors’ 2021 Type 2 EEO-1 Consolidated Reports.

In an era where pay equity and transparency are becoming increasingly important, Massachusetts has taken a significant step with the enactment of House Bill 4890 (HB 4890), the Commonwealth’s new pay transparency law, which expands its previously enacted Massachusetts Equal Pay Act.

As financial institutions consider their ever-growing list of compliance obligations, they would be remiss in not evaluating their employment-related obligations as a federal contractor.

On May 24, 2024, the Federal Acquisition Regulatory Council (FAR Council) issued a notice and request for comments regarding a proposed information collection for federal contractors—FAR 52.204-10(d)(2) for first-tier subcontract information and FAR 52.204-10(d)(3) for executive compensation of first-tier subcontractors. The proposed rule notes this type of collection was previously approved, and there is now a renewed focus.