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Articles by Grayson Harbour
Federal Court Holds Bank Liable For Business Email Compromise Losses | JD Supra
We have written on previous occasions about the rise in frequency and severity of Business Email Compromise (BEC) cyberattacks. As explained in other posts, BEC attacks are a type of phishing scam typically targeting companies in order to fraudulently direct payments of money to accounts associated with the attackers. Attackers typically target high-level executives or employees with access to financial systems.
OFCCP Updates Form to Invite Voluntary Self-Identification of Disability Status | JD Supra
On April 25, 2023, the Office of Management and Budget (OMB) approved the Office of Federal Contractor Compliance Program’s (OFCCP) updated Voluntary Self-Identification of Disability Form.
OFCCP Federal Contractor Portal to Open March 31 for Second Annual Required Certification | JD Supra
On March 20, 2023, the Office of Federal Contract Compliance Programs (OFCCP) announced that it will open the certification period for its second annual certification cycle shortly on March 31, 2023. As previously reported, beginning in 2022, supply and service federal contractors and subcontractors (contractors) are required to annually certify the status of their annual affirmative action plans (AAPs).
OFCCP Releases 2023 Pre-Audit Corporate Scheduling Announcement List | JD Supra
On January 20, 2023, the Office of Federal Contract Compliance Programs (OFCCP) released its 2023 Corporate Scheduling Announcement List (CSAL), which notifies 500 supply and service establishments (locations) of upcoming audits. Federal contractors should immediately review the 2023 CSAL because it serves as the only advance notification to contractors of upcoming audits.
OFCCP Sends Notice of Intent to Release EEO-1 Data to Non-objecting Contractors | JD Supra
On August 19, 2022, as discussed in previous alerts, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) notified its federal contractor base that the OFCCP received a request under the Freedom of Information Act (FOIA) from the Center for Investigative Reporting (CIR) for all Type 2 Consolidated Employer Information Reports, Standard Form 100 (EEO-1 Report), filed by federal contractors and first-tier subcontractors (contractors) from 2016 to 2020.
OFCCP Extends Deadline for Individualized Objections From Federal Contractors to Production of Their 2016-2020 EEO-1 Data in Response to FOIA Request | JD Supra
As covered in a previous alert, on August 19, 2022, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) notified its federal contractor base that it received a request under the Freedom of Information Act (FOIA) from the Center for Investigative Reporting (CIR) for all Type 2 Consolidated Employer Information Reports, Standard Form 100 (EEO-1 Report), filed by federal contractors and first tier subcontractors from 2016-2020.
OFCCP Revises Recent Directive on Compensation Analysis | JD Supra
On August 18, 2022, the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) revised Directive 2022-01 (DIR 2022-01) to clarify its earlier guidance addressing federal government contractors’ regulatory requirement to evaluate compensation as part of their affirmative action programming.
Ransomware Payments Become an Even Riskier Choice Amidst the Ever-Growing Sanctions List | JD Supra Original
In February 2022, Executive Order 14024 highlighted that Russia’s invasion of Ukraine threatened not only Ukraine but also the national security and foreign policy of the United States. Pursuant to this executive order, and in the face of national security concerns, the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC) has instituted extensive sanctions, including both economic and trade sanctions.
OFCCP Publishes 2022 Corporate Scheduling Announcement List for Upcoming Audit | JD Supra
On May 20, 2022, the Office of Federal Contract Compliance Programs (OFCCP) released its 2022 Corporate Scheduling Announcement List (CSAL), which notifies 400 supply and service establishments (locations) of upcoming audits. Federal contractors should immediately review the 2022 CSAL because it serves as the only advance notification to contractors of upcoming audits.
HHS Ransomware Report Details Revival of Dangerous LOTL Cyberattack | JD Supra
On May 5, 2022, the U.S. Department of Health and Human Services (HHS) issued a report entitled “Ransomware Trends in the HPH Sector” (HHS Report) that reviewed key cybersecurity threats and trends affecting the U.S. healthcare sector. Key takeaways from the HHS Report include: The five most active ransomware groups that are focusing on selling their Ransomware as a Service platform are Lockbit, Conti, SunCrypt, ALPHV/Blackcat and Hive.
New OFCCP Directive Rolls Back Previous Administration’s Contractor-Friendly CERT Principles | JD Supra
On March 31, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued its second directive of the Biden administration, Directive 2022-02, titled “Effective Compliance Evaluations and Enforcement.” The policies outlined in the new directive signal the end of the contractor friendly policies of the Trump era and a return to an enforcement heavy compliance regime. Directive 2022-02 revokes several Trump era directives including Directive 2018-06, Contractor Recognition Program (Aug.
OFCCP New Federal Contractor Portal Opened for Required Certification | JD Supra
On March 31, 2022, the Office of Federal Contract Compliance Programs (OFCCP) opened the certification period for its new Federal Contractor Portal (Portal). Supply and service federal contractors and subcontractors (contractors) are required to certify the status of their annual affirmative action plans (AAPs) for each establishment before June 30, 2022.
Equal Pay Day Heralds New Executive Order and OFCCP Directive | JD Supra
On Equal Pay Day (March 15, 2022), President Biden issued an executive order aimed at advancing the effectiveness in federal contracting by promoting pay equity and transparency in tandem with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs’ (OFCCP) first formal directive (DIR 2022-01) during the Biden administration on pay equity in federal contractors.
Congress Passes New Cyber Incident and Ransomware Payment Reporting Legislation | JD Supra
The United States Congress recently passed legislation that includes new cybersecurity provisions requiring critical infrastructure providers to report cyber security incidents, including the payment of ransom, to the federal government. The bill, also known as the “Strengthening American Cybersecurity Act of 2022,” passed the Senate by unanimous vote on March 1. It then passed the House of Representatives and was signed into law by President Biden on March 15, 2022.
Cryptocurrency has increasingly become an accepted form of financial exchange. However, it has also become a favored form of payment for cyber criminals. In an effort to deter the use of cryptocurrencies in furtherance of criminal activity, the Federal Bureau of Investigation recently announced the formation of a Virtual Asset Exploitation Unit (VAXU).
FTC Warns Companies to Fix Vulnerabilities Associated with Log4j | JD Supra
The Federal Trade Commission (FTC) recently warned private entities to remediate any ongoing Log4j vulnerabilities present within their networks or face possible enforcement action. Log4j is used to record activities in a wide range of systems, sites, and software found in online products and services. Recently, a serious vulnerability in this popular software was discovered. This vulnerability poses a severe risk to millions of users.
Artificial Intelligence Briefing: Tracking AI Regulation and Legislation | JD Supra
As more organizations use artificial intelligence and algorithms to drive decision-making processes, policymakers are beginning to address concerns about these tools — including their lack of transparency and potential for generating unintended bias and discrimination. In our inaugural artificial intelligence briefing, we provide a rundown of recent AI regulatory and legislative developments from across the U.S. that should be top of mind for any organization using AI or algorithms.
OFCCP’s New Federal Contractor Compliance Portal Opens for Registration Only | JD Supra
On February 1, 2021, the Office of Federal Contract Compliance Programs (OFCCP) opened its new Federal Contractor Portal (Portal) for one-time registration and updated its website landing page with a Federal Contractor User Guide and additional FAQs. As previously reported, the OFCCP has implemented an annual affirmative action plan (AAP) certification process, which requires covered federal contractors and subcontractors (contractors) to register for the Portal and then annually certify they...
U.S. Cybersecurity Officials Issue New Warning Regarding Threats to Critical Infrastructure | JD Supra
On January 11, 2022, the U.S. Department of Homeland Security’s Cyber Security and Infrastructure Security Agency (CISA), the Federal Bureau of Investigation (FBI), and the National Security Agency (NSA) issued a joint advisory, warning of an increasing cybersecurity threat posed by Russian state-backed threat actors to U.S. critical infrastructure.
OFAC Issues Sanctions Compliance Guidance for Virtual Currencies | JD Supra
In October, the United States Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) published new guidance for the virtual currency industry focusing on compliance with the financial industry’s obligations related to U.S. economic sanctions. OFAC administers and enforces economic sanctions against targeted and/or sanctioned foreign countries, geographic regions, entities, and individuals to further U.S. foreign policy and national security goals.
Federal Court Suspends Federal Contractor Vaccine Mandate Nationwide | JD Supra
On December 7, 2021, the U.S. District Court for the Southern District of Georgia issued a preliminary injunction temporarily in Georgia v. Biden, halting the enforcement of Executive Order 14042 (EO 14042) nationwide. In doing so, the court joined the U.S. District Court for the Eastern District of Kentucky, which issued a preliminary injunction in Kentucky v. Biden last week halting the enforcement of EO 14042 in Kentucky, Ohio and Tennessee.
OFCCP Announces Long-Awaited Federal Contractor Compliance Portal | JD Supra
On December 2, 2021, the Office of Federal Contract Compliance Programs (OFCCP) officially announced its long-awaited annual affirmative action plan (AAP) certification process, which will require federal contractors and subcontractors (contractors) to register with its new Contractor Portal beginning in 2022.
Courts Suspend Federal Contractor Vaccine Mandate in Three States and Healthcare Worker Vaccine Mandate Nationwide | JD Supra
This week, federal district courts issued multiple preliminary injunctions temporarily halting the enforcement of two federal vaccine mandates: Executive Order 14042 (EO 14042), which requires certain federal contractors to ensure that their employees are vaccinated, and the interim final rule issued by the Centers for Medicare & Medicaid Services (CMS), which requires staff at health care facilities that participate in Medicare and Medicaid programs to be vaccinated (CMS rule).
Safer Federal Workforce Task Force Extends COVID-19 Vaccination Deadline for Federal Contractor and Subcontractor Employees | JD Supra
On November 10, 2021, the Safer Federal Workforce Task Force released updated guidance and FAQs for federal contractors and subcontractors. The most significant change is that the Task Force has pushed back the deadline for covered contractor employees to be vaccinated to January 18, 2022.
Fall Cybersecurity Enforcement Update: State and Federal Regulators Increase Scrutiny on Victims of Cyberattacks | JD Supra
We have written here previously about the dramatic increase in cyberattacks on companies of all types since the start of the COVID-19 pandemic. Indeed, by some estimates, ransomware attacks have increased over 90% during the first half of 2021 compared to the same period last year.
President Biden Announces COVID-19 Vaccine Attestation Requirement for Federal Employees and Onsite Contractors | JD Supra
On July 29, 2021, the Biden administration announced that federal employees and onsite contractors must attest to being fully vaccinated against COVID-19 or they will be required to wear a mask on the job and physically distance, comply with at least a weekly screening testing requirement, and restrict official travel. Private employers are encouraged to adopt similar safety protocols; such protocols will likely be required for federal contractors.
OFCCP Publishes 2021 Corporate Scheduling Announcement List for Upcoming Audit | JD Supra
Federal contractors should immediately review the Fiscal Year 2021 Corporate Scheduling Announcement List (CSAL), released on July 1 by the Office of Federal Contract Compliance Programs (OFCCP), to see if they have been selected for a future audit. This CSAL notifies 750 Supply & Service establishments (locations) of upcoming audits and is the only advance notification to the contractor of the upcoming audit.
DOL Finalizes Rule Requiring Internal Approval of Evidence Prior to Issuing Preliminary Notices of Discriminatory Bias Claims Against Contractors | JD Supra
The Office of Federal Contract Compliance Programs (OFCCP) published its final rule establishing consistent evidentiary parameters for the way it determines preliminary findings of discrimination against contractors during compliance evaluations and investigations.
DOL Finalizes Rule Requiring Internal Approval of Evidence Prior to Issuing Preliminary Notices of Discriminatory Bias Claims Against Contractors
Tuesday, November 10, 2020 The Office of Federal Contract Compliance Programs (OFCCP) published its final rule establishing consistent evidentiary parameters for the way it determines preliminary findings of discrimination against contractors during compliance evaluations and investigations.
President Trump’s ‘Executive Order on Combating Race and Sex Stereotyping’ Significantly Impacts Permitted Federal Contractors’ Workplace Diversity Training | Faegre Drinker Biddle & Reath LLP - JDSupra
On September 22, 2020, President Trump issued an unprecedented “Executive Order on Combating Race and Sex Stereotyping” (Order) directed to the federal workforce and federal contractors.
Reminder: August 4 Deadline to Implement New Self-identification Form for Individuals with a Disability | JD Supra
All federal contactors subject to the jurisdiction of the Office of Federal Contractor Compliance Programs (OFCCP) must begin surveying applicants and employees for disabilities using a new and approved Voluntary Self-Identification form. Starting on August 4, 2020, federal contractors and subcontractors are required to implement the new form in their applicant and employee systems and processes. The new form can be found here.
OFCCP Issues Final Rule Exempting TRICARE Providers From OFCCP Compliance Authority | JD Supra
On July 2, the Department of Labor Office of Federal Contract Compliance Programs (OFCCP) published its final rule to amend the regulations pertaining to its authority over TRICARE health care providers. The final rule effectively exempts TRICARE providers from OFCCP compliance and enforcement activities. Specifically, the final rule confirms that the OFCCP lacks authority over health care providers who participate in TRICARE.
OFCCP Issues Directives Regarding Mediation Procedures and Audit Efficiency | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
More States and Municipalities Impose Mandatory Face Covering and Other Workplace Protections
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More States and Municipalities Impose Mandatory Face Covering and Other Workplace Protections | JD Supra
After an initial wave that saw a focus on closing or limiting “non-essential” or “non-life sustaining” businesses and limiting individual travel, states and municipalities have shifted their attention to protections for those who are continuing to work and travel as they perform essential personal and professional functions. The primary, but not only, area of such focus is on mandating the use of cloth or fabric masks.
COVID-19: Staying Engaged, Staying Connected and Staying Calm | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Simple as A-B-C? Proposed New Jersey Law Would Adopt Stricter Version of Independent Contractor Test | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
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