The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced today, February 26, that effective February 28, 2013 there will be significant changes in how the OFCCP addresses compensation in compliance audits and enforcement proceedings. These changes effectively open virtually every federal contractor’s actions, policies and practices that affect compensation to scrutiny, review and possible challenge by OFCCP.

On February 4, the 20th anniversary of the signing of the Family and Medical Leave Act (FMLA), the U.S. Department of Labor issued final regulations implementing statutory changes to the military FMLA provisions and new provisions impacting airline personnel and flight crews. Congress had amended the FMLA in 2008 to provide employees with family members serving in the Armed Forces, National Guard and Reserves with FMLA leave for reasons related to their family members’ military service. In 2010, Congress again amended the statute to include certain veterans and make changes to the military-related leave protections. It also enacted a special eligibility provision for airline flight crew employees. These regulations clarify the obligations of employers and rights of employees pursuant to the statute.

By David S. Fortney, Judith E. Kramer, Burton J. Fishman

The Federal Acquisition Regulatory Council has issued its Final rule implementing Executive Order 13495 and has announced January 18, 2013 as the Order's effective date.  Signed by President Obama on January 30, 2009, Executive Order 13495 requires contractors and subcontractors that fall "under a contract that succeeds a contract for performance of the same or similar services at the same location" to offer the employees of the predecessor contractor a right of first refusal of employment under the contract.

On Monday, the OFCCP announced that on December 11th OMB approved Directive 296, which revises the application and approval procedures for Functional Affirmative Action Programs (FAAPs).

The Equal Employment Opportunity Commission (“EEOC”) has approved its Strategic Enforcement Plan (“Plan”), which grew out of the EEOC's Strategic Plan for Fiscal Years 2012-2016.  In essence, the Plan affirms the Administration’s enforcement objectives for the next four years.  According to the Plan, the EEOC’s enforcement will focus on six key areas: eliminating barriers in recruitment and hiring; protecting immigrant, migrant and other vulnerable workers; addressing emerging and developing employment discrimination issues; enforcing equal pay laws; preserving access to the legal system and preventing harassment through systemic enforcement and targeted outreach.  The EEOC added equal pay as a priority enforcement area; the original Plan draft did not contain this goal.  This change signifies the Administration’s concerted efforts to continue and possibly intensify compensation enforcement actions. The Plan also directs the EEOC to pursue its efforts through an integrated approach throughout the private, public (state and local) and federal sectors.