Peter M. Stein

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On August 18, the US Department of Labor, Office of Federal Contract Compliance Programs (“OFCCP”) announced that it had received a Freedom of Information Act (“FOIA”) request from the Center for Investigative Reporting (“CIR”), for all Type 2 Consolidated EEO-1 Reports filed by federal contractors from 2016-2020 (“Covered Contractors”) and that OFCCP has reason to believe that the information requested may be protected from disclosure under FOIA Exemption 4, which protects disclosure of confidential commercial or financial information and trade secrets. Accordingly, OFCCP has provided Covered Contractors with 30 days, i.e., until September 19, 2022, to submit written objections to the public release of their Type 2 EEO-1 Reports.

[UPDATE: As of September 15, 2022, the deadline to submit objections is extended to October 19, 2022.]

CIR’s FOIA request asks for a spreadsheet of all consolidated Type 2 EEO-1 reports for all federal contractors, including “first-tier subcontractors,” i.e., subcontractors that contracted directly with a prime federal contractor. Type 2 EEO-1 reports are one of several different types of reports that multi-establishment employers must file annually, which consist of a consolidated report of demographic data for all employees at headquarters as well as all establishments, categorized by race/ethnicity, sex, and job category.…

Continue Reading FOIA Request May Disgorge Thousands of Federal Contractor EEO-1 Reports – Deadline Extended to October 19, 2022

As we previously reported, President Biden issued Executive Order 14042 (the Order), which mandated that employees of contractors and subcontractors performing work on federal contracts be fully vaccinated against COVID-19 by January 18, 2022.  Challengers from seven states—Georgia, Alabama, Idaho, Kansas, South Carolina, Utah and West Virginia (the Plaintiff States)—and various state agencies, filed suit against President Biden and his Administration, seeking injunctive relief against enforcement of the Order.  On December 7, 2021, the United States District Court for the Southern District of Georgia granted the motion and issued a nationwide preliminary injunction against the enforcement of the vaccine mandate.

The Court’s Decision…

Continue Reading Vaccine Mandate for Federal Contractors Enjoined Nationwide

On July 13, 2021, Connecticut Governor Ned Lamont signed into law Public Act 21-189, An Act Requiring Employers to Recall Certain Laid-Off Workers in Order of Seniority (the “Act”), which requires hotels, lodging houses, food service contractors, and building service enterprises with at least 15 employees to notify qualified laid off employees, whose lay-offs were…

On September 24, 2021, in response to the Path Out of the Pandemic: COVID-19 Action Plan announced by President Biden on September 9, and Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors (the “Order”), signed by the President the same day, the Safer Federal Workforce Task Force (“Task Force”) issued “COVID-19…

On June 23, 2021, Governor Lamont signed Senate Bill 1202, a special session bill implementing the state budget for fiscal years 2022 and 2023.  Included in the 837-page bill is a requirement for employers to provide employees with two hours unpaid time off to vote on the day of a regular state election.  In the…

On March 12, 2021, the Equal Employment Opportunity Commission (EEOC) announced that the EEO-1 Component 1 data collection period will open at the end of April 2021 and close in July 2021.  Submission of the EEO-1 Report is required for employers with 100 or more employees, and applicable Federal government contractors with 50 or more…

In 2019, the Connecticut legislature passed sweeping changes to the state’s existing Family and Medical Leave Act, about which we previously reported here.  One of the most significant changes is that beginning in 2022, eligible employees will be entitled to paid family and medical leave.  Although the paid leave requirement does not take effect…

On his first day in Office, President Biden issued Executive Order 13985, “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government” (“Executive Order”), stating that “[i]t is . . . the policy of [his] Administration that the Federal Government should pursue a comprehensive approach to advancing equity for all.” The Executive…

At the onset of the COVID-19 pandemic, Governor Ned Lamont declared a public health and civil preparedness emergency in Connecticut.  In connection with this declaration, Governor Lamont has issued numerous Executive Orders throughout the pandemic.  The Executive Orders were set to expire on September 9, 2020, if they were not terminated earlier.

On September 1,…

On July 24, 2020, Connecticut Governor Lamont issued Executive Order JJJ (“E.O. JJJ”), which creates a presumption that employees who contracted COVID-19 in the early days of the pandemic contracted it at work and are eligible for workers’ compensation benefits.

Pursuant to E.O. JJJ, there shall be a “rebuttable presumption” that an employee, who makes…