OFCCP Launches Notification of Construction Contract Award Portal

On August 26, 2022, the Office of Federal Contract Compliance Programs (OFCCP) launched its Notification of Construction Contract Award Portal (NCAP). The NCAP is a new online platform for contracting officers, applicants, contractors, and subcontractors to submit notice to the OFCCP of a construction contract or subcontract.

The OFCCP’s construction regulations require federal construction contractors to give written notice to the OFCCP within 10 working days of awarding a construction subcontract of more than $10,000 at any tier for construction work performed under a federal or federally assisted construction contract. 41 C.F.R. § 60-4.2(d)(3). Federal contracting officers, applicants for construction contracts, and non-construction contractors (in some circumstances) are also responsible for providing this notice. Id. §§ 60-4.2(b)–(c). The OFCCP uses this information to determine jurisdiction and to schedule construction contractors and subcontractors for compliance evaluations. The OFCCP has developed NCAP so that contractors can submit Form CC-314 information electronically. The OFCCP states that it also plans to use NCAP as the primary source for entering, tracking, and submitting contract award notifications for review by the agency.

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Eleventh Circuit Concludes That President Biden Likely Exceeded Authority by Issuing Federal Contractor Vaccine Mandate

On August 26, 2022, the Eleventh Circuit held that President Biden likely exceeded his authority by issuing the federal contractor vaccine mandate and affirmed the district court’s injunction prohibiting the federal government’s enforcement of the mandate against the plaintiffs. But the court also determined that the nationwide injunction — which applied to any contractor anywhere in the United States, plaintiff or not — was a “drastic form of relief.” Accordingly, the court vacated the district court’s injunction to the extent that it bars enforcement of the vaccine mandate against contractors who are not parties to the lawsuit.

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Recent Developments in Irish Employment Law

There have been several developments in Irish employment law in recent months. These developments include requirements for gender pay gap reporting, expanded protections for whistleblowers, family leave and flexible work arrangements provisions, a recent court decision relevant to the gig economy, and the European Commission’s infringement notice against Ireland for its failure to comply with the European Union’s Directive on European Works Councils. Employers should examine their policies and procedures to ensure that they are complying with these new measures.

Gender Pay Gap Reporting

Last year, Ireland enacted the Gender Pay Gap Information Act (the “Act”), which requires organizations to report their gender pay gap metrics. Regulations under the Act went into effect May 31, 2022 and require organizations with more than 250 employees to report their gender pay gap information in 2022.

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Restrictions on Hiring Personnel with Criminal Histories in the Insurance Industry

Over the last several years, federal and state governments have pushed employers to reemploy offenders, such as through tax incentives and subsidized training. Despite the public interest in such initiatives and programs, the insurance industry should take caution and consider specific, ongoing statutory obligations regulating or barring employment of individuals with certain criminal records.

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OFCCP Issues Important Update About Contractor Portal Certification Process

On July 28, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued important clarifications about the certification process through its Federal Contractor Portal (Portal). As previously reported, the Portal is new this year and required federal contractors and subcontractors (contractors) to certify the status of their annual affirmative action plan (AAP) for each establishment before June 30, 2022. In its bulletin update communicated to subscribers by email, the OFCCP stated that — although the portal remains currently open — it has not extended the June 30 deadline and that contractors that have not yet registered and certified their AAP compliance should do so as soon as possible. But it also explained that the agency will consider those contractors that requested assistance from the OFCCP on or before June 30, 2022 — but have not yet completed registration or certification because of a pending request for assistance — to have met the June 30 deadline.

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OFCCP Publishes 2022 Corporate Scheduling Announcement List for Upcoming Audit

On May 20, 2022, the Office of Federal Contract Compliance Programs (OFCCP) released its 2022 Corporate Scheduling Announcement List (CSAL), which notifies 400 supply and service establishments (locations) of upcoming audits. Federal contractors should immediately review the 2022 CSAL because it serves as the only advance notification to contractors of upcoming audits.

The CSAL also specifies the type of audit the contractor will undergo: Full Compliance Review (Establishment Review), Corporate Management Compliance Evaluation (CMCE) or Functional Affirmative Action Program (FAAP) Review.

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