WASHINGTON, DC – A mother of two struggles to budget for child care expenses on an hourly income of $11.50 as a call center worker with a federal contractor. A construction company owner learns they’ve lost another federal contract because a competitor was able to underbid the job by not paying livable wages. Socially conscious investors want to maximize their savings and do the planet some good, but are frustrated by the investment options available to do that.

As part of the Biden-Harris administration’s Spring 2021 regulatory agenda – published today as required by Executive Order 12866 – the U.S. Department of Labor is announcing a series of anticipated regulatory actions to ensure the well-being of these workers, employers and others.

The order requires the publication of an agenda of regulations that contains a listing of all the regulations the Department of Labor expects to have under active consideration for promulgation, proposal or review during the coming one-year period.

The department’s portions of the agenda published today include actions to implement the Biden-Harris Administration’s priorities in the areas of economic relief, wages, climate change and racial equity. It also includes proposals to withdraw the obstacles to protecting and strengthening workers’ economic security and civil rights that the prior administration put in place.

Regulatory protections include:

• Increasing the Minimum Wage for Federal Contractors: In response to Executive Order 14026, “Increasing the Minimum Wage for Federal Contractors,” the department’s Wage and Hour Division is drafting regulations that will increase the hourly minimum wage rate paid by parties that contract with the federal government to $15 for those employees working on or in connection with a covered federal government contract.

• Fairness for Workers Who Rely on Tips: The Wage and Hour Division is also engaged in rulemaking to address the economic security of tipped workers.

• Modernizing the Davis-Bacon and Related Acts Regulations: The DBRA requires the payment of locally prevailing wages and fringe benefits to laborers and mechanics as determined by the department. The Wage and Hour Division is proposing to update and modernize the regulations implementing the DBRA to provide ensure workers are truly paid prevailing wages on federal construction contracts.

• Re-examining our approach to investments that tackle climate change: To implement Executive Order 13990, “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis,” and Executive Order 14030, “Climate-Related Financial Risks,” the Employee Benefits Security Administration is undertaking a review of regulations under Title I of the Employee Retirement Income Security Act, including “Financial Factors in Selecting Plan Investments” and “Fiduciary Duties Regarding Proxy Voting and Shareholder Rights.”

Prior rulemakings are also being proposed for withdrawal because of their deleterious effects on the lives of working people, including a rule on labor standards in apprenticeship.

The entirety of the department’s semiannual agenda is available online at www.reginfo.gov.

YUKON, OK – The U.S. Department of Labor has entered into a conciliation agreement with Conduent Inc. to resolve alleged systemic hiring discrimination against Black, Asian, Native Hawaiian and Pacific Islander applicants for customer care assistant positions at its Yukon facility.

In the agreement, Conduent agrees to pay $395,000 in back wages and interest to 1,624 applicants. The company will also take steps to ensure its personnel practices, including recordkeeping and internal auditing procedures, meet legal requirements.

A routine compliance evaluation by the department’s Office of Federal Contract Compliance Programs found that actions by the business process services company – which operated as Xerox Commercial Solutions formerly – allegedly discriminated against applicants from March 25, 2013, through March 24, 2015, in violation of Executive Order 11246, which prohibits federal contractors from discriminating in employment based on race, color or national origin.

“Together, the U.S. Department of Labor and Conduent will ensure the company will take measures to comply with federal hiring and equal employment opportunity laws,” said Office of Federal Contract Compliance Programs Regional Director Melissa Speer in Dallas. “Fair and equal consideration should be given to all applicants regardless of their race or ethnicity.” 

WASHINGTON, DC – The U.S. Department of Labor is extending an invitation to teens, parents, educators, employers and other interested stakeholders to join a national online dialogue through April 30 to gather ideas on how the department can connect with teens better.

The department will use the insights received to develop effective ways to enhance its existing efforts to inform teens about avoiding workplace hazards; the types of work they are allowed to do; age restrictions for work hours; employer wage requirements; employment training, including apprenticeships; and workplace discrimination. 

The Bureau of Labor Statistics reports the U.S. workforce included 4.7 million teens between the ages of 16 and 19 in 2020. In fiscal year 2020, the department recorded child labor violations in more than 850 investigations by its Wage and Hour Division and estimates a teen between 15 and 19 years old requires emergency room treatment for a workplace injury approximately every five minutes.

Co-hosted by the department’s Office of Disability Employment Policy, Occupational Safety and Health Administration, Wage and Hour Division, Office of Compliance Initiatives and Employment and Training Administration, the dialogue is part of ODEP’s ePolicyWorks initiative.

Visit https://teenworkers.ideascale.com to register and participate in the online dialogue.

SAN FRANCISCO – The U.S. Department of Labor has reached a settlement with Google LLC to resolve allegations of systemic compensation and hiring discrimination at the company’s California and Washington State facilities and will pay over $3.8 million to more than 5,500 current employees and job applicants.

During a routine compliance evaluation, the department’s Office of Federal Contract Compliance Programs identified pay disparities affecting female employees in software engineering positions at its facilities in Mountain View, and in Seattle and Kirkland, Washington. The agency also identified hiring rate differences that disadvantaged female and Asian applicants for software engineering positions at Google’s locations in San Francisco and Sunnyvale, and in Kirkland.   

Under the terms of the early resolution conciliation agreement, Google agreed to the following:

• To pay $3,835,052 to resolve OFCCP’s allegations, namely $1,353,052 in back pay and interest to 2,565 female employees in engineering positions subject to pay discrimination; and $1,232,000 in back pay and interest to 1,757 female and 1,219 Asian applicants for software engineering positions not hired.
• Allocate a cash reserve of least $1,250,000 in pay-equity adjustments for the next 5 years for U.S. employees in engineering positions at Google’s Mountain View, Kirkland, Seattle and New York establishments, locations that house approximately 50 percent of Google’s engineering employees nationwide. Google has provided job opportunities to 51 female and 17 Asian applicants for software engineering positions.

Google agreed to enhance future compliance proactively and review its current policies, procedures and practices related to hiring, compensation; conduct analyses; and take corrective action to ensure non-discrimination. 

“Pay discrimination remains a systemic problem. Employers must conduct regular pay equity audits to ensure that their compensation systems promote equal opportunity,” said Office of Federal Contract Compliance Programs Director Jenny R. Yang.

“The U.S. Department of Labor acknowledges Google’s willingness to engage in settlement discussions and reach an early resolution,” said Office of Federal Contract Compliance Programs Regional Director Jane Suhr, in San Francisco. “The technology industry continues to be one of the region’s largest and fastest growing employers. Regardless of how complex or the size of the workforce, we remain committed to enforcing equal opportunity laws to ensure non-discrimination and equity in the workforce.”

Learn more about OFCCP and the laws it enforces.

BETHESDA, MD – The U.S. Department of Labor and Lockheed Martin Corp.’s RMS Engineering & Technology Unit have entered into an Early Resolution Conciliation Agreement to resolve allegations of hiring discrimination found by the Department’s Office of Federal Contract Compliance Programs (OFCCP). While not admitting liability in the investigation, Lockheed Martin Corp. entered into an Early Resolution Conciliation Agreement and agreed to enhance future compliance proactively.

While denying OFCCP’s allegations, Lockheed Martin Corp. has agreed to pay $700,000 in back wages and interest to 616 affected Asian, African American and Hispanic applicants not hired for five different engineering positions. The federal contractor also agreed to hire 34 of the affected applicants.

The OFCCP compliance evaluation determined that from Jan. 1, 2017 through June 30, 2018, the employer discriminated against Asian, African American and Hispanic applicants for software engineer associate, systems engineer staff, member engineering staff, software engineer and systems engineer positions at several locations within the RMS Engineering & Technology Unit. OFCCP found the company’s action violated Executive Order 11246, which prohibits race-based discrimination in hiring by federal contractors.

“The Office of Federal Contract Compliance Programs’ Early Resolution Procedures enable federal contractors and the Department to work together to address and resolve issues of non-compliance efficiently,” said Office of Federal Contract Compliance Programs Director Craig E. Leen. “These procedures help ensure prompt and broader relief for America’s workforce by allowing contractors to proactively correct violations and ensure future companywide compliance.”

“This agreement will prevent systemic hiring discrimination practices from recurring at Lockheed Martin’s RMS Engineering & Technology Unit. Companies that accept federal contracts must monitor their hiring processes to ensure applicants are not rejected based on unlawful practices,” said Office of Federal Contract Compliance Programs Regional Director Michele Hodge, in Philadelphia, Pennsylvania.

In 2018, OFCCP launched an effort to resolve supply and service compliance evaluations at the earliest stage possible with corporate-wide compliance and issued a directive establishing Early Resolution Procedures. These procedures allow OFCCP and contractors with multiple establishments to cooperatively implement corporate-wide compliance with OFCCP’s regulatory requirements and efficiently resolve issues.

OFCCP enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974.  These laws, as amended, make it illegal for contractors and subcontractors doing business with the federal government to discriminate in employment based on race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran. In addition, contractors and subcontractors are prohibited from discriminating against applicants or employees because they have inquired about, discussed, or disclosed their compensation or that of others, subject to certain limitations, and may not retaliate against applicants or employees for engaging in protected activities. These laws also require that federal contractors provide equal employment opportunity through affirmative action. For more information, please call OFCCP’s toll-free helpline at 800-397-6251 or visit http://www.dol.gov/ofccp/.

OFCCP launched the Class Member Locator (CML) to identify applicants and/or workers who have been impacted by OFCCP’s compliance evaluations and complaint investigations and who may be entitled to a portion of monetary relief and/or consideration for job placement. If you think you may be a class member, who applied between Jan. 1, 2017 through June 30, 2018, please visit our website at http://www.dol.gov/ofccp/CML/index.htm, where you can also find information about other recent OFCCP settlements.

SEATTLE, WA – The U.S. Department of Labor announced that its Office of Federal Contract Compliance Programs (OFCCP) has entered into an Early Resolution Conciliation Agreement (ERCA) with CH2M HILL Plateau Remediation Co. (CHPRC), resolving allegations that the federal contractor engaged in systemic compensation discrimination against female employees in Richland, Washington. While not admitting wrongdoing, the environmental cleanup contractor agreed to an ERCA, and to enhance future compliance proactively.

An OFCCP compliance review found that CHPRC paid female employees less than comparable males employed in several administrative and technical positions. OFCCP determined that CHPRC’s actions violated Executive Order 11246, which prohibits federal contractors from sex-based employment discrimination. To resolve these allegations, CHPRC agreed to pay $450,124 in back pay and interest to 214 female employees.

“The Office of Federal Contract Compliance Programs is satisfied that CHPRC has pursued an early resolution conciliation agreement, and addressed the issues found in our review,” said Office of Federal Contract Compliance Programs Director Craig E. Leen. “OFCCP’s Early Resolution Procedures enable federal contractors and the Department to work together to address and resolve issues of non-compliance efficiently.”

“Federal contractors must provide a level playing field for workers through equal employment opportunities,” said Office of Federal Contract Compliance Programs Regional Director for the Pacific Region Jane Suhr, in San Francisco, California. “All employees deserve to be compensated equally regardless of their gender, and federal contractors must provide this opportunity through equal employment practices.”

CHPRC is the prime contractor for the cleanup of the Central Plateau and River Corridor at the U.S. Department of Energy’s Hanford Site in Richland, Washington.

In 2018, OFCCP launched an effort to resolve supply and service compliance evaluations at the earliest stage possible with corporate-wide compliance, and issued a directive establishing Early Resolution Procedures. These procedures allow OFCCP and contractors with multiple establishments to cooperatively implement corporate-wide compliance with OFCCP’s regulatory requirements and efficiently resolve issues.

OFCCP launched the Class Member Locator (CML) to identify applicants and/or workers who have been impacted by OFCCP’s compliance evaluations and complaint investigations and who may be entitled to a portion of monetary relief and/or consideration for job placement. If you think you may be a class member who was employed in an administrative or technical position at CHPRC in 2017, please visit our website at http://www.dol.gov/ofccp/CML/index.htm, where you can also find information about other recent OFCCP settlements.

In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. These laws, as amended, make it illegal for contractors and subcontractors doing business with the federal government to discriminate in employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability or status as a protected veteran. In addition, contractors and subcontractors are prohibited from discriminating against applicants or employees because they have inquired about, discussed, or disclosed their compensation or the compensation of others subject to certain limitations, and may not retaliate against applicants or employees for engaging in protected activities. These laws also require that federal contractors provide equal employment opportunity through affirmative action. For more information, please call OFCCP’s toll-free helpline at 800-397-6251 or visit https://www.dol.gov/ofccp/.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

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INDIANAPOLIS, IN – BSN Sports LLC Indianapolis will pay $600,000 in back pay and interest to more than 3,000 job applicants at its Indianapolis, Indiana, production facility as part an agreement with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) to resolve alleged hiring discrimination.

During a routine compliance evaluation, OFCCP found that BSN Sports LLC Indianapolis discriminated against 1,880 Black, 1,188 white and 219 male applicants for general production positions such as picking, shipping and receiving, packing, production support, embroidery, digital fusion and screen print, who were not hired. OFCCP found that the federal contractor also discriminated against 311 male applicants for production artist positions, who were not hired.

“BSN Sports is working cooperatively with the U.S. Department of Labor to improve its compliance with federal law by resolving allegations of discriminatory hiring and agreeing to implement proactive measures in the hiring of applicants to production positions,” said Office of Federal Contract Compliance Programs Regional Director for the Midwest Region Carmen Navarro. “We appreciate this employer’s work towards reaching an agreement that will improve its training, policies and procedures.”

In addition to the distribution of back pay and interest under the agreement, BSN Sports LLC Indianapolis will ensure that its hiring policies and procedures are free from discrimination. The contractor will also provide job opportunities to 56 Black, 55 white and nine male applicants in general production positions and four male applicants in production artist positions. The company also agreed to provide training to all managers, supervisors and other company officials who oversee hiring decisions.

BSN Sports LLC Indianapolis – a subsidiary of BSN Sports LLC of Texas– does not admit liability and denies OFCCP’s allegations. The company, an international sports equipment and apparel provider, has contracts for services with the U.S. Air Force and other government agencies.

OFCCP enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. These laws, as amended, make it illegal for contractors and subcontractors doing business with the federal government to discriminate in employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability or status as a protected veteran. In addition, contractors and subcontractors are prohibited from discriminating against applicants or employees because they have inquired about, discussed, or disclosed their compensation or the compensation of others subject to certain limitations, and may not retaliate against applicants or employees for engaging in protected activities. These laws also require that federal contractors provide equal employment opportunity through affirmative action. For more information, please call OFCCP’s toll-free helpline at 800-397-6251 or visit https://www.dol.gov/ofccp/.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

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WINSTON-SALEM, NC – The U.S. Department of Labor has entered into a conciliation agreement with Crothall Healthcare, in which the Wayne, Pennsylvania-based health services provider will pay $120,000 in back pay and interest to 224 male applicants to resolve allegations of hiring discrimination.

During a routine compliance evaluation, the Department’s Office of Federal Contract Compliance Programs (OFCCP) found that Crothall Healthcare discriminated against qualified male applicants while hiring for positions in the Environmental Services Job Group at its Winston-Salem, North Carolina facility. In addition to paying back wages and interest, the federal contractor agreed to make employment offers to 28 class members, review and revise its selection process, and analyze its total employment process to identify impediments to equal employment opportunity. Crothall also agreed to develop and implement recordkeeping and record retention procedures, and immediately list all employment opportunities with the appropriate employment service delivery system. Other non-monetary forms of relief contained in the settlement include equal employment opportunity training for personnel. Crothall does not admit liability and denies OFCCP’s allegations.

“This settlement shows the U.S. Department of Labor’s commitment to combating employment discrimination and holding federal contractors accountable if they fail to ensure equal employment opportunity,” said Office of Federal Contract Compliance Programs Midwest Regional Director Carmen Navarro, in Chicago, Illinois. 

Crothall Healthcare has received federal contracts from the National Institutes of Health and the U.S. Department of the Army. The company provides environmental services, patient transport, healthcare technology, facilities management, ambulatory services, laundry services and sterile processing services to healthcare facilities.

If you think you may be one of the applicants eligible for back pay or job opportunities from this settlement, or may know someone who is, please visit the OFCCP Class Member Locator for information about this and other OFCCP settlements.

In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974. These laws, as amended, make it illegal for contractors and subcontractors doing business with the federal government to discriminate in employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran. In addition, contractors and subcontractors are prohibited from discriminating against applicants or employees because they have inquired about, discussed, or disclosed their compensation or the compensation of others subject to certain limitations, and may not retaliate against applicants or employees for engaging in protected activities. These laws also require that federal contractors provide equal employment opportunity through affirmative action. Executive Order 11246 also requires that federal contractors provide equal employment opportunity through affirmative action. For more information, please call OFCCP’s toll-free helpline at 800-397-6251 or visit https://www.dol.gov/ofccp/.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

WASHINGTON, DC – The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) today released its “Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption” Final Rule, which will be published in an upcoming edition of the Federal Register. This rule will encourage the full and equal participation of religious organizations as federal contractors. Religious organizations, many of them small nonprofits, provide such essential services as feeding the hungry, supporting refugees, and educating our nation’s students.

Executive Order 11246, which OFCCP enforces, generally requires federal contractors to abide by nondiscrimination and affirmative action requirements. Yet the order also acknowledges that religious organizations may prefer in employment “individuals of a particular religion,” so that they can maintain their religious identity and integrity. This accommodation is patterned after a nearly identical provision that has been part of the Civil Rights Act for over a half-century. The rule provides clearer interpretation of the parameters of the religious exemption by adding definitions of key terms. It adds a rule of construction to provide the maximum legal protection of religious exercise permitted by the Constitution and law, including the Religious Freedom Restoration Act. The rule also adds several examples within the definition of “religious corporation, association, educational institution, or society” to better illustrate which organizations may qualify for the religious exemption.

“Religious organizations should not have to fear that acceptance of a federal contract or subcontract will require them to abandon their religious character or identity,” said U.S. Secretary of Labor Eugene Scalia. “This rule gives full effect to Executive Order 11246’s protection of religious organizations.”

“OFCCP is committed to protecting religious liberty, while ensuring vigorous enforcement of the anti-discrimination laws the agency administers,” said Office of Federal Contract Compliance Programs Director Craig E. Leen. “This rule will help ensure that religious organizations can fully participate in federal procurement consistent with the First Amendment and other applicable federal laws.”

The final rule is a deregulatory action under Executive Order 13771 as it reduces confusion regarding the Executive Order 11246 religious exemption. The Department estimates that the rule will yield unquantifiable net cost savings overall. The rule does not change the vast majority of federal contractors’ responsibilities to comply with their equal employment opportunity and affirmative action obligations under Executive Order 11246. The Department expects that the large majority of federal contractors do not and will not seek to qualify for the religious exemption. 

In addition to Executive Order 11246, OFCCP enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. These laws, as amended, make it illegal for contractors and subcontractors doing business with the federal government to discriminate in employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or status as a protected veteran. In addition, contractors and subcontractors are prohibited from discriminating against applicants or employees because they have inquired about, discussed, or disclosed their compensation or the compensation of others subject to certain limitations, and may not retaliate against applicants or employees for engaging in protected activities. These laws also require that federal contractors provide equal employment opportunity through affirmative action. For more information, please call OFCCP’s toll-free helpline at 800-397-6251 or visit https://www.dol.gov/ofccp/.

The mission of the Department of Labor is to foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.

MOMENCE, IL - The U.S. Department of Labor has entered into a conciliation agreement with Baker & Taylor LLC to resolve allegations of race and gender-based hiring discrimination against Black and male applicants at the company’s Momence, Illinois, distribution facility. While not admitting liability in the investigation, Baker & Taylor LLC agreed to pay $127,375 in back pay and interest to 42 applicants to resolve alleged hiring discrimination at its Momence, Illinois, facility.

Preliminary findings during an Office of Federal Contract Compliance Program (OFCCP) routine compliance evaluation found hiring disparities from Jan. 1, 2016, through June 30, 2017, against Black applicants for order picker positions and against male applicants for processing clerk positions. OFCCP alleges that the federal contractor’s actions violated Executive Order 11246, which prohibits federal contractors from discriminating in employment based on race, color, religion, sex, sexual orientation, gender identity or national origin.

“The U.S. Department of Labor is committed to resolving discrimination issues and ensuring equal opportunity,” said Office of Federal Contract Compliance Programs Regional Director Carmen Navarro, in Chicago. “Baker & Taylor’s cooperation in resolving these issues will ensure it is in compliance with federal hiring and equal employment opportunity laws.”

Baker & Taylor LLC also agreed to evaluate its personnel practices - including recordkeeping and internal auditing procedures - at its Momence distribution center to ensure future compliance. Baker & Taylor is a subsidiary of the Follett Corp. that provides books and other educational products to libraries, schools and higher education institutions.

If you think you may be eligible for back pay from this settlement or may know someone who is, please visit OFCCP’s Class Member Locator at https://www.dol.gov/ofccp/CML.

OFCCP enforces Executive Order 11246, Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. These laws, as amended, make it illegal for contractors and subcontractors doing business with the federal government to discriminate in employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability or status as a protected veteran. In addition, contractors and subcontractors are prohibited from discriminating against applicants or employees because they have inquired about, discussed, or disclosed their compensation or the compensation of others subject to certain limitations, and may not retaliate against applicants or employees for engaging in protected activities. These laws also require that federal contractors provide equal employment opportunity through affirmative action. For more information, please call OFCCP’s toll-free helpline at 800-397-6251 or visit https://www.dol.gov/ofccp/.

The mission of the Department of Labor is to foster, promote and develop the welfare of the wage earners, job seekers and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.