Biden Administration Proposes New Pay Transparency/Equity Rule for Federal Contractors
January 31, 2024
On January 30, 2024, the Biden Administration published a proposed regulation to prohibit federal contractors and subcontractors from using job applicant’s prior salary history when setting pay and to require federal contractors to disclose the expected salary range in job postings. Comments on the proposal are due by April 11.
The proposed rule would:
- Prohibit federal contractors and subcontractors from seeking and considering information about job applicants’ compensation history when making employment decisions about personnel working on or in connection with a government contract; and
- Require federal contractors and subcontractors to disclose the compensation to be offered to the hired applicant for any position to be performed on or in connection with a contract in all advertisements for job openings involving work on or in connection with a government contract placed by or on behalf of the contractor or subcontractor.
In addition, the new rule establishes a complaint process for applicants who allege noncompliance with the new requirement. Such complaints would be filed with the appropriate agency while discrimination complaints would continue to be filed with OFCCP.
The Notice of Proposed Rulemaking (NPRM) by the FAR Council was announced on January 29, 2024 as part of the Biden Administration’s commemoration of the Lilly Ledbetter Fair Pay Act and to implement Executive Order 14069, Advancing Economy, Efficiency, and Effectiveness in Federal Contracting by Promoting Pay Equity and Transparency.
FortneyScott will continue to monitor these developments and provide updates as appropriate. Clients with questions can reach out to their FortneyScott attorney.
On Wednesday, November 20, 2024, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a Corporate Scheduling Announcement List (CSAL)
On September 13th, Fortney & Scott’s co-founder David Fortney moderated an international panel on Trends in Unionization and Collective Bargaining at the Annual 2024 Employment Law Alliance (ELA) Global Labor and Law Conference in Mexico City with 250 attendees.
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The pending regulations issued by the Federal Trade Commission (“FTC” or the “Commission”) that largely banned the use of noncompete restrictions have been enjoined on a nationwide basis, and the regulations will not go into effect on September 4th as scheduled.
On August 20, 2024, U.S. District Court Judge Ada Brown of the Northern District of Texas in Ryan, LLC v. Federal Trade Commission blocked the Federal Trade Commission’s near complete ban of noncompete agreements. The FTC issued the final rule banning most noncompetes on April 23, 2024. The FTC is expected to appeal the decision to the Fifth Circuit Court of Appeals.
Texas District Court Judge Grants Nationwide Injunction on Three Provisions of DOL's New DBA Regulations
The discussion will begin with an overview of AI, distinguishing between automation, machine learning, and generative AI.
On Wednesday, November 20, 2024, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a Corporate Scheduling Announcement List (CSAL)
On September 13th, Fortney & Scott’s co-founder David Fortney moderated an international panel on Trends in Unionization and Collective Bargaining at the Annual 2024 Employment Law Alliance (ELA) Global Labor and Law Conference in Mexico City with 250 attendees.
The body content of your post goes here. To edit this text, click on it and delete this default text and start typing your own or paste your own from a different source.
The pending regulations issued by the Federal Trade Commission (“FTC” or the “Commission”) that largely banned the use of noncompete restrictions have been enjoined on a nationwide basis, and the regulations will not go into effect on September 4th as scheduled.
On August 20, 2024, U.S. District Court Judge Ada Brown of the Northern District of Texas in Ryan, LLC v. Federal Trade Commission blocked the Federal Trade Commission’s near complete ban of noncompete agreements. The FTC issued the final rule banning most noncompetes on April 23, 2024. The FTC is expected to appeal the decision to the Fifth Circuit Court of Appeals.
Texas District Court Judge Grants Nationwide Injunction on Three Provisions of DOL's New DBA Regulations
The discussion will begin with an overview of AI, distinguishing between automation, machine learning, and generative AI.
Across the country many states are passing wage transparency laws that require the disclosure of wage or salary ranges in job postings. The District of Columbia and Maryland are no exception to the trend.
One of the U.S. Department of Labor’s key areas of enforcement is child labor. There has been an 88% increase in child labor violations across DOL’s audits in the last five years. These developments have caught many unsuspecting employers by surprise, including in many industries that have not historically faced child labor violations. In this webinar, Institute Co-Chair David Fortney and guest speaker Savanna Shuntich will cover: the basics of the FLSA’s child labor restrictions; how violations typically occur; the rapidly evolving state laws; and the explosion of DOL child labor audits and compliance challenges. The webinar will also discuss how employers in a broad range of industries must exercise greater vigilance in employee selections, and greater oversight of the integrity of their supply chains in response to the child labor crisis that America is facing, including widespread child trafficking. Register in advance of this webinar here .
On April 23, 2024, the Federal Trade Commission voted, 3 to 2, to ban nearly all non-compete agreements. The ban is scheduled to become effective 120 days after it is published in the Federal Register (as of the date of this alert, it has not yet been published).
On Tuesday, April 23, 2024, the Department of Labor (DOL) released its long-delayed final rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees, increasing the salary threshold for overtime exemptions.
