Compliance Stuff

  The System for Award Management (SAM) is the exclusive, government-wide, registration system for all companies seeking to do business with the Federal Government. All offerors must be registered in SAM before being awarded a federal contract. SAM is also available to grantees and others, including foreign companies. Companies are well advised to begin a new registration, or complete their annual updates, well in advance of deadlines to avoid potential system issues or preclusion from being awarded work. Since 2018, t he FAR [i]  has requires that a vendor be registered at the time of submission of an offer “and shall continue to be registered until time of award, during performance, and through final payment of any contract,” unless an exception applies.   Recent Court of Federal Claims and Government Accounting Office (GAO) decisions have strictly interpreted the FAR provision regarding continuous registration in SAM, which has resulted in several companies being disq...

  Today, the Office of Federal Contract Compliance Programs published the latest  Corporate Scheduling Announcement List   (CSAL) for supply & service contractors, which is composed of 2,000 federal contractors and subcontractors. The CSAL is a courtesy notification to an establishment selected for a Compliance Evaluation, Corporate Management Compliance Evaluation, Functional Affirmative Action Program Evaluation, or University Evaluation. We encourage contractors to take advantage of our suite of  compliance assistance  offerings and to contact their local field and regional offices for technical assistance as they prepare for the evaluation. Additionally, federal contractors and subcontractors can visit our website to find a list of  OFCCP’s virtual compliance assistance events . OFCCP has published the  methodology  for developing this list as well as frequently asked questions ( FAQs ) where answers to other matters related to this topic ...

  One instance of a coworker directing the “N-word” to a Black employee can rise to the level of being so severe as to make for a racially hostile work environment in violation of the California Fair Employment and Housing Act (“FEHA”), the state Supreme Court recently ruled.  The case is a valuable reminder for employers of   mistakes not to make   in evaluating harassment allegations. The California Supreme Court’s decision in  Bailey v. San Francisco District Attorney’s Office  involved two investigative assistants in the District Attorney’s Office.  The Plaintiff was Black, and her coworker was not.   On one occasion, the coworker told the Plaintiff that she saw a mouse run under the Plaintiff’s desk.  Plaintiff “was startled and jumped out of her chair,” the Supreme Court wrote. The coworker then “walked up to [Plaintiff] and quietly said, ‘ You ‘N-words’ is so scary .’”   Plaintiff immediately left her office and – “crying and upse...

  New Jersey Governor Phil Murphy has signed into law a new statute requiring pay transparency. The law will become effective on June 1, 2025. Specifically, the law requires all employers that have at least 10 employees over 20 calendar weeks and that do business, employ persons, or take applications for employment within the Garden State to disclose the hourly wage or salary (or a range of the hourly wage or salary it would consider) for the advertised position, as well as a general description of all benefits and other compensation programs the applicant would be eligible for within the first 12 months of their employment. Further, if an employer decides to advertise (either internally or externally) for a position which could be considered a promotion for an existing employee, t he employer must make “reasonable efforts” to announce, post, or otherwise make known the promotion opportunity to all current employees in the affected department(s) before making a decision as to who w...

  Georgia   Senate Bill 384 , signed into law this year, establishes the State of Georgia as a Model Employer (the “GAME”) Program. 1  The GAME Program regulates labor practices of public offices related to the recruitment, hiring, advancement, and retention of qualified individuals with disabilities. 2  In creating the GAME Program, Georgia joins at least 19 other states that have enacted similar legislation. 3  While the GAME Program applies only to state agencies and not private employers, the Program is designed as a model for private sector employers in the state to follow in advancing the interests of qualified individuals with disabilities. The GAME Program: Core Elements and Compliance Requirements The GAME Program is designed to implement proactive hiring practices and annual evaluation procedures to promote the employment of qualified individuals with disabilities by Georgia’s state agencies. 4   The core features of the GAME Program are: Providin...

  Takeaways Maryland’s paid family and medical leave insurance law applies to all employers with employees in Maryland: payroll deductions will start July 1, 2025, and benefits will be available beginning July 1, 2026. The Maryland Department of Labor published proposed regulations to implement the state’s paid family and medical leave insurance program.  The proposed regulations include important information about employer responsibilities, employee eligibility and benefits, the claims process, equivalent private insurance plans, coordination with other benefits, and other compliance requirements. Related links Proposed Regulations New Paid Family Leave Laws Sprout in Maryland, District of Columbia, Virginia Region  Article Maryland’s Department of Labor (MDOL) has released  proposed regulations  to implement the state’s  paid family and medical leave insurance (FAMLI) law . The FAMLI law will provide benefits to workers in the state who take leave from em...

  At the Federal Trade Commission's (FTC) open meeting this month, agency staff and commissioners discussed the recently launched "   Merger Portal ." The portal is available on the FTC's website and provides the public with an additional method of communicating opinions and facts regarding mergers to the agency. According to FTC staff, the goals of the "Merger Portal" project are to (1) evolve — not upend — the existing FTC.gov complaint process; (2) give users a "more direct path" to merger complaints; and (3) collect useful information for merger investigations and enforcement actions . Members of the public can continue to comment on or raise concerns about a merger, as they have in the past, through counsel or direct electronic or telephonic communications with the agency. Staff and the commissioners noted that public input is welcome and can be important to merger enforcement. The Kroger/Albertsons merger, currently being challenged by the FT...

  Several provisions of the   SECURE Act 2.0 , passed in 2022, will take effect in 2025. Plan sponsors of defined benefit (DB) and defined contribution (DC) plans should begin reviewing the following changes to ensure compliance and address any questions before the new rules take effect. Mandatory Automatic Enrollment for DC Plans Under SECURE 2.0, 401(k) and 403(b) plans established after Dec. 29, 2022, will be required to implement an eligible automatic contribution arrangement (EACA) for plan years beginning after Dec. 31, 2024. This provision also applies to multiemployer DC plans that add a 401(k) feature. However, these multiemployer plans face challenges due to the complexity of coordinating payroll, tracking deferrals, and managing compliance for employees working for multiple employers. Congress is considering, but has not yet acted on, a technical corrections bill to SECURE 2.0 to provide technical amendments, clerical amendments, and clarifications of the law. This ...

  Alaska voters approved   Ballot Measure 1   (according to unofficial election results) which provides for paid sick leave for all employees in Alaska. (The measure also raises the minimum wage over the next several years and imposes restrictions on employer-sponsored meetings about religious or political matters.) This new paid sick leave requirement becomes effective July 1, 2025. Who is Eligible for Paid Sick Leave? The new law applies to all employers and employees in Alaska. There are limited exceptions for apprentices, employees in work therapy programs, prison inmates, employees subject to the federal Railroad Unemployment Insurance Act, and other narrow exceptions. Accrual and Carryover All employees are entitled to accrue a minimum of one hour of paid sick leave for every 30 hours worked up to a cap. Employers with 15 or more employees may cap accrual and usage at 56 hours of paid sick leave per year. Employers with fewer than 15 employees may cap accrual and us...