by June 27, 2025: The OFCCP, a subagency of the U.S. Department of Labor (DOL), sent a letter to federal contractors requesting that they “provide information about their efforts to wind down compliance with the [Executive Order] 11246 regulatory scheme and ensure full compliance with the Nation’s non-discrimination laws.” Executive Order 11246 was the long-standing directive that required federal contractors to take affirmative action to remove any barriers to equal employment opportunity related to sex, race, or ethnicity. EO 11246 was revoked by an executive order in January 2025. The letter invites contractors to voluntarily provide compliance information in narrative form via the Contractor Portal, which OFCCP previously established for contractors to use in certifying compliance with the requirements of Executive Order 11246. The agency is giving contractors a ninety-day window to provide the information. The full letter, including the details the agency is seeking, can be found at https://content.govdelivery.com/accounts/USDOLOFCCP/bulletins/3e707a6. It is unclear from the letter how the agency or other agencies will use the submitted information. Federal contractors should consult with legal counsel in evaluating whether to provide information.
June 27, 2025: The DOL’s Wage and Hour Division (WHD) issued a new Field Assistance Bulletin advising enforcement staff that the agency will no longer request or attempt to collect liquidated damages in connection with the pre-litigation resolution of wage and hour investigations for unpaid minimum wages and overtime compensation. https://www.dol.gov/sites/dolgov/files/WHD/fab/fab2025-3.pdf?t1mh2p4q569. Liquidated damages of ‘double damages’ are permitted as a remedy for violations under the Fair Labor Standards Act (FLSA). For example, if an employer is found to have shorted an employee $500 in overtime pay, liquidated damages would mean that the employer would be expected to pay $1,000 in damages for the violation. The change explained in the new Field Assistance Bulletin is that the WHD will not request liquidated damages when resolving wage and hour investigations before legal action is taken. The ability to seek liquidated damages in resolving cases taken to court is unchanged by the policy change described in the bulletin.
June 20, 2025: The DOL’s WHD announced that it was suspending enforcement of the 2024 farmworker regulations that had provided wage, safety, and working condition protections for farmworkers who are lawfully working under H-2A visas. Federal courts had already enjoined the enforcement of the rule in several states. https://www.dol.gov/newsroom/releases/whd/whd20250620.
