Brian Barger
Washington
Is this you? As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.
Claim your profile
Articles by Brian Barger
Editorial: Interdisciplinary approaches to address health disparities for intellectual and developmental disabilities from underserved communities
Editorial on the Research Topic Interdisciplinary approaches to address health disparities for intellectual and developmental disabilities from underserved communities Individuals with intellectual and developmental disabilities (IDD) account for a significant proportion of the population with about 18% having any type of developmental disability and about 1% with intellectual disabilities globally (1, 2).
EEOC and DOJ Issue Guidance and Warnings on DEI-Related Discrimination at Work | JD Supra
On March 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) and U.S. Department of Justice (DOJ) published two technical assistance guides regarding the agencies’ views on what may constitute unlawful DEI-related discrimination at work. Background The new guidance is an enforcement response to President Donald Trump’s Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” issued on Jan. 21, 2025.
Fourth Circuit Allows Anti-DEI Executive Order Provisions Involving Federal Contractors and Grantees to Proceed | JD Supra
On March 14, 2025, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit lifted a nationwide preliminary injunction that previously halted parts of two DEI-related executive orders signed by President Donald Trump — Executive Order 14151 “Ending Radical and Wasteful Government DEI Programs and Preferencing” and Executive Order 14173 “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The features of the executive orders previously enjoined involved (a) the...
Federal Court Temporarily Blocks Parts of Executive Orders Impacting DEI in Government Contracting | JD Supra
On Feb. 20, 2025, Judge Adam B. Abelson of the U.S. District Court for the District of Maryland (Baltimore) issued a preliminary injunction enjoining aspects of the enforcement of two executive orders signed by President Donald Trump. Both executive orders — among the first the President signed after his inauguration — sought to curb diversity, equity and inclusion (DEI) initiatives among government contractors, large corporations, nonprofits and other entities.
Federal Court Temporarily Blocks Parts of Executive Orders Impacting DEI in Government Contracting
On Feb. 20, 2025, Judge Adam B. Abelson of the U.S. District Court for the District of Maryland (Baltimore) issued a preliminary injunction enjoining aspects of the enforcement of two executive orders signed by President Donald Trump. Both executive orders — among the first the President signed after his inauguration — sought to curb diversity, equity and inclusion (DEI) initiatives among government contractors, large corporations, nonprofits and other entities.
EEOC Announces Increased Enforcement Focus on Employers Preferring ‘Non-American’ Workers | JD Supra
On Feb.
EEOC Announces Increased Enforcement Focus on Employers Preferring ‘Non-American’ Workers
On Feb.
Department of Education Opines That Any Separation Based on Race Is Illegal, Including Dorms, Graduations and Scholarships | JD Supra
As McGuireWoods shared on Jan. 22, 2025, the Ending Illegal Discrimination and Restoring Merit-Based Opportunity Executive Order (EO) takes aim at diversity, equity and inclusion (DEI) programs at institutions of higher education. The EO requires, among other things, that the U.S. Departments of Justice and Education issue joint guidance on compliance with Students for Fair Admissions, Inc. v. President and Fellows of Harvard College (SFFA), 600 U.S. 181 (2023), by May 22, 2025.
New Executive Order Revokes Executive Order 11246 And Targets Employer DEI Efforts
On Jan. 22, 2025, President Donald Trump issued a new executive order titled "Ending Illegal Discrimination And Restoring Merit-Based Opportunity," which revoked Executive Order 11246 and directs federal enforcement agencies to target employers' diversity efforts. Executive Order 11246 imposed federal nondiscrimination and affirmative action employment obligations on covered federal government contractors and subcontractors.
New Executive Order Revokes Executive Order 11246 and Targets Employer DEI Efforts | JD Supra
On Jan. 22, 2025, President Donald Trump issued a new executive order titled “Ending Illegal Discrimination And Restoring Merit-Based Opportunity,” which revoked Executive Order 11246 and directs federal enforcement agencies to target employers’ diversity efforts. Executive Order 11246 imposed federal nondiscrimination and affirmative action employment obligations on covered federal government contractors and subcontractors.
OFCCP Publishes New Corporate Scheduling Announcement List of 2,000 Contractor Sites for 2024-2025 Audits | JD Supra
On Nov. 20, 2024, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published its latest Corporate Scheduling Announcement List (CSAL) for supply and service contractors, designating 2,000 contractor and subcontractor affirmative action program (AAP) establishments for potential audit. As in the spring, OFCCP specifically targeted larger AAPs for audit on this latest list.
OFCCP Acting Director Hodge Outlines Enforcement for Federal Contractors
Office of Federal Contract Compliance Programs (OFCCP) Acting Director Michele Hodge spoke on July 30, 2024, to a live audience at the 2024 National Industry Liaison Group (NILG) Conference in Orlando, Florida. As part of her address, Hodge outlined some of the agency’s recent achievements and provided comments about ongoing enforcement efforts.
OFCCP Publishes New Corporate Scheduling Announcement List Targeting Larger Affirmative Action Programs for New Audits | JD Supra
On June 7, 2024, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published its latest Corporate Scheduling Announcement List (CSAL) for supply and service contractors, designating 500 contractor and subcontractor affirmative action programs (AAPs) for potential audit. This latest CSAL list specifically targets larger AAPs for audit.
Department of Labor Issues Final Rule Vastly Increasing Federal Overtime Eligibility | JD Supra
In a highly anticipated announcement, the U.S. Department of Labor (DOL) published its final rule on April 23, 2024, increasing salary threshold amounts required for certain employees to be “exempt” from federal Fair Labor Standards Act (FLSA) overtime requirements.
Department of Labor Issues Final Rule Vastly Increasing Federal Overtime Eligibility
In a highly anticipated announcement, the U.S. Department of Labor (DOL) published its final rule on April 23, 2024, increasing salary threshold amounts required for certain employees to be “exempt” from federal Fair Labor Standards Act (FLSA) overtime requirements.
SCOTUS Permits Military Academy to Use Race as a Factor in Student Admissions — for Now | JD Supra
Affirmative action admissions developments in the higher education sector continue, as the U.S. Supreme Court recently declined to issue an emergency injunction pending appeal that would have prohibited the U.S. Military Academy at West Point from considering race as a stand-alone factor in its student admissions decisions beginning with the class of 2028.
Epidemiology with psychometric spirit: MoBa leads autism's interdisciplinary future-a commentary on Havdahl et al. (2023)
In recent years, measurement narratives from the field of autism research have come under closer critical scrutiny. For example, the U.S. Preventive Services Task Force (McPheeters et al., 2016) released a tepid statement on the utility of autism screening, and in 2018, the Cochrane collaboration suggested that popular tools may be decent aids for clinical judgment, but do not meet “gold standard” as claimed by many, though not all, in the field.
SBA Issues Interim Guidance After Ultima Decision Finds 8(a) Program Violates Equal Protection | JD Supra
On July 19, 2023, in Ultima Services Corp. v. U.S. Department of Agriculture, the U.S. District Court for the Eastern District of Tennessee enjoined the U.S. Small Business Administration (SBA) from determining federal contractor eligibility for its 8(a) Business Development program according to a “rebuttable presumption” that individuals of certain racial groups are socially disadvantaged.
SBA Issues Interim Guidance After Ultima Decision Finds 8(a) Program Violates Equal Protection
On July 19, 2023, in Ultima Services Corp. v. U.S. Department of Agriculture, the U.S. District Court for the Eastern District of Tennessee enjoined the U.S. Small Business Administration (SBA) from determining federal contractor eligibility for its 8(a) Business Development program according to a "rebuttable presumption" that individuals of certain racial groups are socially disadvantaged.
SBA Issues Interim Guidance After Ultima Decision Finds 8(a) Program Violates Equal Protection
Influenced by the U.S. Supreme Court’s SFFA college affirmative action decision, on July 19, the U.S. District Court for the Eastern District of Tennessee enjoined the U.S. Small Business Administration (SBA) from determining federal contractor eligibility for its 8(a) Business Development program according to a “rebuttable presumption” that individuals of certain racial groups are socially disadvantaged.
Preparing for an Impending Government Shutdown: Legal Hurdles for Federal Contractors | JD Supra
It is now widely believed that Congress will fail to agree on a continuing resolution to secure short-term funding for the federal government while the Senate and House negotiate appropriations bills for the coming fiscal year. Federal officials accordingly are bracing for a partial government shutdown to begin at the start of the federal government’s new fiscal year on Oct. 1, 2023.
Government Contracts
It is now widely believed that Congress will fail to agree on a continuing resolution to secure short-term funding for the federal government while the Senate and House negotiate appropriations bills for the coming fiscal year. Federal officials accordingly are bracing for a partial government shutdown to begin at the start of the federal government's new fiscal year on Oct. 1, 2023.
Preparing for an Impending Government Shutdown: Legal Hurdles for Federal Contractors
It is now widely believed that Congress will fail to agree on a continuing resolution to secure short-term funding for the federal government while the Senate and House negotiate appropriations bills for the coming fiscal year. Federal officials accordingly are bracing for a partial government shutdown to begin at the start of the federal government’s new fiscal year on Oct. 1, 2023.
OFCCP Publishes Fall Corporate Scheduling Announcement List Of Federal Contractor Audit Targets
On Sept. 8, 2023, the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) published its latest Corporate Scheduling Announcement List (CSAL) for supply and service contractors, designating 1,000 contractor and subcontractor locations for potential audit.
DOL Proposes Major Increase In Required Salary Threshold Amounts For FLSA Exemptions
On Aug. 30, 2023, the U.S. Department of Labor (DOL) announced a notice of proposed rulemaking (NPRM) that would significantly increase salary threshold amounts required for certain employees to be exempt from federal Fair Labor Standards Act (FLSA) overtime requirements. DOL also issued FAQs summarizing the NPRM. The FLSA requires most employees to receive the federal minimum wage and overtime pay for all hours worked over 40 in a workweek.
OFCCP Updates Audit Scheduling Letter And Itemized Listing For Federal Contractors
On Aug. 25, 2023, the Office of Federal Contract Compliance Programs (OFCCP) announced that the federal Office of Management and Budget had approved a new version of OFCCP's scheduling letter and itemized listing.
OFCCP Publishes Fall Corporate Scheduling Announcement List of Federal Contractor Audit Targets | JD Supra
On Sept. 8, 2023, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published its latest Corporate Scheduling Announcement List (CSAL) for supply and service contractors, designating 1,000 contractor and subcontractor locations for potential audit. What's a CSAL?
OFCCP publishes fall corporate scheduling announcement list of federal contractor audit targets
On Sept. 8, 2023, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published its latest Corporate Scheduling Announcement List (CSAL) for supply and service contractors, designating 1,000 contractor and subcontractor locations for potential audit. What's a CSAL?
Labor Department announces fall schedule for possible federal contractor audits
(October 18, 2023) - Attorneys at McGuireWoods discuss what federal supply and service contractors should know about potential audits on the U.S. Labor Department's fall corporate scheduling announcement list. On Sept. 8, 2023, the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) published its latest Corporate Scheduling Announcement List (CSAL) for supply and service contractors, designating 1,000 contractor and subcontractor locations for potential audit.
DOL Proposes Major Increase in Required Salary Threshold Amounts for FLSA Exemptions | JD Supra
On Aug. 30, 2023, the U.S. Department of Labor (DOL) announced a notice of proposed rulemaking (NPRM) that would significantly increase salary threshold amounts required for certain employees to be exempt from federal Fair Labor Standards Act (FLSA) overtime requirements. DOL also issued FAQs summarizing the NPRM. Background The FLSA requires most employees to receive the federal minimum wage and overtime pay for all hours worked over 40 in a workweek.
OFCCP Updates Audit Scheduling Letter and Itemized Listing for Federal Contractors (Updated) | JD Supra
On Aug. 25, 2023, the Office of Federal Contract Compliance Programs (OFCCP) announced that the federal Office of Management and Budget had approved a new version of OFCCP’s scheduling letter and itemized listing.
OFCCP Updates Audit Scheduling Letter and Itemized Listing for Federal Contractors
On Aug. 25, 2023, the Office of Federal Contract Compliance Programs (OFCCP) announced that the federal Office of Management and Budget had approved a new version of OFCCP’s scheduling letter and itemized listing.
DOJ and ED Issue Guidance on Supreme Court Affirmative Action Decision | JD Supra
On Aug. 14, 2023, the U.S. Departments of Justice and Education (DOJ and ED) issued guidance to institutions of higher learning concerning the U.S. Supreme Court’s landmark decision in Students for Fair Admissions, Inc. v. Harvard College and University of North Carolina (SFFA) on the use of race as a factor in collegiate admissions.
DOJ and ED Issue Guidance on Supreme Court Affirmative Action Decision
On Aug. 14, 2023, the U.S. Departments of Justice and Education (DOJ and ED) issued guidance to institutions of higher learning concerning the U.S. Supreme Court’s landmark decision in Students for Fair Admissions, Inc. v. Harvard College and University of North Carolina (SFFA) on the use of race as a factor in collegiate admissions.
New Regulations Increase Risk Of OFCCP Systemic Discrimination Allegations
On Aug. 4, 2023, the Office of Federal Contract Compliance Programs (OFCCP) promulgated a final rule that eliminated self-imposed regulatory standards for making allegations of systemic discrimination against federal contractors and subcontractors. The final rule also eliminated minimum disclosure and other transparency requirements that helped ensure contractors were provided adequate information about the legal and factual bases for allegations of systemic discrimination during audits.
New Regulations Increase Risk of OFCCP Systemic Discrimination Allegations | JD Supra
On Aug. 4, 2023, the Office of Federal Contract Compliance Programs (OFCCP) promulgated a final rule that eliminated self-imposed regulatory standards for making allegations of systemic discrimination against federal contractors and subcontractors. The final rule also eliminated minimum disclosure and other transparency requirements that helped ensure contractors were provided adequate information about the legal and factual bases for allegations of systemic discrimination during audits.
New Regulations Increase Risk of OFCCP Systemic Discrimination Allegations
On Aug. 4, 2023, the Office of Federal Contract Compliance Programs (OFCCP) promulgated a final rule that eliminated self-imposed regulatory standards for making allegations of systemic discrimination against federal contractors and subcontractors. The final rule also eliminated minimum disclosure and other transparency requirements that helped ensure contractors were provided adequate information about the legal and factual bases for allegations of systemic discrimination during audits.
U.S. Supreme Court Issues Landmark SFFA College Affirmative Action Decision
On June 29, 2023, the U.S. Supreme Court issued a landmark decision on the use of race as a factor in collegiate admissions in two cases brought by Students for Fair Admissions (SFFA).
College Legacy Admission Preferences Called Into Question In New Challenge
On July 3, 2023, just days after the U.S. Supreme Court's landmark decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College (SFFA), a new challenge is arising related to collegiate admissions.
U.S. Supreme Court SFFA College Affirmative Action Ruling: Implications For Corporate DEI
On June 29, 2023, the U.S. Supreme Court struck down the affirmative action student admissions practices at Harvard College and the University of North Carolina at Chapel Hill (UNC) in a pair of cases brought by Students for Fair Admissions (SFFA). On its face, the decision does not directly concern employment, as the Supreme Court's prior ruling in Grutter v.
College Legacy Admission Preferences Called Into Question in New Challenge
On July 3, 2023, just days after the U.S. Supreme Court’s landmark decision in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College (SFFA), a new challenge is arising related to collegiate admissions.
U.S. Supreme Court SFFA College Affirmative Action Ruling: Implications for Corporate DEI
On June 29, 2023, the U.S. Supreme Court struck down the affirmative action student admissions practices at Harvard College and the University of North Carolina at Chapel Hill (UNC) in a pair of cases brought by Students for Fair Admissions (SFFA). On its face, the decision does not directly concern employment, as the Supreme Court’s prior ruling in Grutter v.
U.S. Supreme Court Issues Landmark SFFA College Affirmative Action Decision
On June 29, 2023, the U.S. Supreme Court issued a landmark decision on the use of race as a factor in collegiate admissions in two cases brought by Students for Fair Admissions (SFFA).
Navigating the Debt Ceiling: Legal Issues for Federal Contractors | JD Supra
With congressional leaders and the Biden administration still in negotiations over raising the nation’s debt ceiling, unless Congress acts quickly, there is a reasonable likelihood the United States could run out of money to meet its financial obligations beginning as soon as early June 2023. This, in turn, will create uncertainty for many federal contractors regarding government contract, labor and employment, and other laws.
End of an Era: White House Ends Many Federal COVID-19 Vaccine Requirements | JD Supra
On May 1, 2023, the White House announced it would end the COVID-19 vaccine requirements for federal employees, federal contractors and international air travelers effective May 11, the same day the federally declared COVID-19 public health emergency ends.
End of an Era: White House Ends Many Federal COVID-19 Vaccine Requirements
On May 1, 2023, the White House announced it would end the COVID-19 vaccine requirements for federal employees, federal contractors and international air travelers effective May 11, the same day the federally declared COVID-19 public health emergency ends.
Government Contractor Vaccine Mandate Remains Paused, Pending Guidance | JD Supra
Last year, the U.S. District Court for the Southern District of Georgia issued a nationwide injunction against President Biden’s federal contractor COVID-19 vaccine mandate in Executive Order 14042. On Aug.
Eleventh Circuit Narrows Scope of Contractor Vaccine Mandate Injunction | JD Supra
Last year, the U.S. District Court for the Southern District of Georgia issued a nationwide injunction against President Biden’s federal contractor COVID-19 vaccine mandate in Executive Order 14042. On Aug. 26, 2022, the U.S. Court of Appeals for the Eleventh Circuit issued a decision narrowing the scope of that injunction, holding it applies in only seven states.
Federal “Ban the Box” Regulations Proposed | JD Supra
The U.S. Office of Personnel Management (OPM) proposed initial regulations to implement the Fair Chance to Compete for Jobs Act of 2019 (Fair Chance Act). The proposed regulations would apply to federal employees and will serve as the model for forthcoming regulations governing how and when federal contractors may consider the criminal histories of applicants and employees.
OFCCP Now Demands Proof of Compliance With Vague Regulatory Compensation Self-Evaluation Rules | JD Supra
On March 15, 2022, the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) issued Directive 2022-01, marking a dramatic change in longstanding agency practice regarding contractor compensation self-evaluation that demands careful attention by corporate counsel and others responsible for OFCCP compliance.
Show More
loading
Actions
Is this you?
As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.Get in touch with Brian
Contact Brian, search articles and posts on X, monitor coverage, and track replies from one place.
Learn more about Muck Rack