President Biden's Executive Order 14069, issued on March 15, 2022, directed the Federal Acquisition Regulatory Council (FAR) to explore limiting or prohibiting Federal contractors from considering job applicants' or employees' past compensation when making hiring decisions. To this end, on December 4, 2023, the FAR submitted a proposal titled "Pay Equity and Transparency in Federal Contracting" to the Office of Management and Budget (OMB) for approval. The proposal was approved by OMB on January 29, 2024, and the FAR released the Notice of Proposed Rulemaking (NPRM), which was published in the Federal Register on January 30, 2024.

California employers need to gear up for the latest enhancements in pay data reporting in 2024. The state has once again fine-tuned its reporting requirements to promote fair pay and equal opportunities. The reporting portal opened February 1, 2024, and the submission deadline looms on May 8, 2024. It is crucial for California employers to stay informed about the recent changes. Here's a comprehensive update to guide you through the evolving landscape.

In recent legal developments, we delve into two crucial aspects of Equal Employment Opportunity (EEO) reporting and Freedom of Information Act (FOIA) exemptions that have been making headlines. These events shed light on the intricacies of federal reporting requirements and data protection concerns. Let's explore these two significant narratives.

The District of Columbia is becoming the next jurisdiction to address income disparities and gender inequities in the workplace. On December 19, 2023, Bill 25-194, the Wage Transparency Omnibus Amendment Act of 2023, was passed to redefine how employers engage with prospective employees, emphasizing transparency in pay scales and benefits.

The Office of Federal Contract Compliance Programs (OFCCP) has recently made significant updates to its Frequently Asked Questions (FAQs) sections, particularly concerning federal contractors engaged in construction projects. These updates clarify compliance obligations when one contract covers both Construction and Supply and Service work.

The Office of Federal Contract Compliance Programs (OFCCP) published a notice in the Federal Register, along with a 12-page supporting document, focusing on the renewal of the information collection for the Contractor Portal interface, previously known as the "Affirmative Action Program Verification Interface."

The signing of SB-23-105 by Governor Jared Polis on June 5, 2023, marked a significant moment for Colorado's Equal Pay for Equal Work Act. These amendments, effective January 1, 2024, are aimed at promoting greater pay transparency and fairness in the workplace. They not only extend the statute of limitations for wage discrimination claims but also introduce new mandates for the Colorado Department of Labor and Employment (CDLE) in handling these claims. On September 23, 2023, the CDLE released the proposed Equal Pay Transparency Rules (EPT Rules), which were officially adopted on November 9, 2023.

In the realm of federal contracting, adherence to affirmative action regulations is not just about implementing policies but also about meticulous record-keeping. The Office of Federal Contract Compliance Programs (OFCCP) mandates that federal contractors and subcontractors maintain comprehensive employment and personnel records. This requirement is a cornerstone of compliance reviews and is crucial in demonstrating adherence to affirmative action laws.

The Equal Employment Opportunity Commission (EEOC) set December 5, 2023, as the reporting deadline to submit and certify the mandatory 2022 EEO-1 Component 1 reports. However, EEOC announced that it is giving employers an extension until January 9, 2024. This "Failure to File deadline" will apply to any employer who missed the original December 5 deadline.

On October 30, 2023, President Joe Biden's executive order (EO) on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (AI) set a new trajectory for the responsible implementation of AI technologies, particularly in the labor and employment sector. This groundbreaking directive represents a concerted effort to balance the transformative potential of AI with its inherent risks.