OFCCP New Federal Contractor Portal Opened for Required Certification

On March 31, 2022, the Office of Federal Contract Compliance Programs (OFCCP) opened the certification period for its new Federal Contractor Portal (Portal). Supply and service federal contractors and subcontractors (contractors) are required to certify the status of their annual affirmative action plans (AAPs) for each establishment before June 30, 2022.

As previously reported, the OFCCP opened the Portal for registration on February 1, 2022, allowing contractors to visit the site, register their company and validate their information. The OFCCP updated the resource landing page on its web page, which — in addition to a previously provided rollout timeline, user guide and FAQs — now includes additional FAQs addressing certification and registration, how-to videos, a user guide and one-page guides for registration and certification. Contractors are now required to register (if not done previously) and certify compliance.

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Supreme Court Decides Badgerow v. Walters

On March 31, 2022, the U.S. Supreme Court decided Badgerow v. Walters, No. 20-1143, reversing the Fifth Circuit, and holding that federal courts may only look to the application to confirm or vacate an arbitral decision in assessing jurisdiction.

Denise Badgerow initiated an arbitration action against Greg Walters, Thomas Meyer, and Ray Trosclair (collectively, Walters) alleging unlawful termination under federal and state law. The arbitrators sided with the employer and dismissed Badgerow’s claims. Badgerow then sued Walters to vacate the arbitral decision in state court. Walters removed the lawsuit to federal court and applied to confirm the arbitral award. The district court determined that it had jurisdiction over the pending applications using a look-through approach that considered the substance of the parties’ underlying substantive dispute, which raised federal-law claims. The United States Court of Appeals for the Fifth Circuit affirmed.

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Living With COVID-19: What Is Changing in England and What Does It Mean for Employers?

On 21 February 2022, the U.K. government announced its “Living with COVID-19’” plan. This month’s U.K. Employment Law Update outlines the key changes in England and what it means for employers.

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AI and Employment: Tracking California’s Proposed Regulations on Employers and Automated Decision-Making

California is among the first states to propose expressly regulating employers’ use of algorithms and artificial intelligence. In a March 25, 2022 virtual public meeting, the California Fair Employment and Housing Council discussed proposed regulatory changes that would address employers’ and third parties’ use of artificial intelligence in employment practices. While the proposed regulations remain a work in progress, they provide a glimpse into how policymakers are approaching these issues — and they could prove influential to other states (and even, potentially, the federal government) contemplating their own regulations in this space.

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Equal Pay Day Heralds New Executive Order and OFCCP Directive

On Equal Pay Day (March 15, 2022), President Biden issued an executive order aimed at advancing the effectiveness in federal contracting by promoting pay equity and transparency in tandem with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs’ (OFCCP) first formal directive (DIR 2022-01) during the Biden administration on pay equity in federal contractors. The directive addresses the OFCCP’s position on obtaining compensation related documents sought during the agency’s audits, which includes pay equity review.

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Immigration Update: U.S. Immigration Options for Ukrainian Nationals

In addition to the 3.2 million Ukrainians who have fled Ukraine, the United Nations reports that there are more than 6.5 million Ukrainians internally displaced within the country. The United States’ policies and practices with respect to inbound immigration options continue to evolve as the situation in Ukraine changes. Current inbound-U.S. immigration options include:

Options for Ukrainians Present in the United States

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