Affirmative action compliance, OFCCP audits: SmithAmundsen

Practice Contacts

Heather Bailey

Attorneys

Contracting with government agencies requires compliance with complex affirmative action guidelines. Our attorneys assist clients in developing affirmative action plans that withstand the scrutiny of the Office of Federal Contract Compliance Programs (OFCCP) and offer counsel on the ever changing rules and regulations related to federal and state affirmative action contractors.

We analyze contractor agreements to determine, what, if any, affirmative action obligations a company has as a contractor. We then draft affirmative action plans that are both in compliance with the OFCCP and can withstand an OFCCP audit. Our attorneys also assist in responding to OFCCP and state regulatory affirmative action compliance audits.

Our attorneys are current on the latest OFCCP enforcement strategies and regulatory changes. We train management to ensure that affirmative action plans stay updated and how to effectively and efficiently handle good faith outreach efforts in recruiting. We advise on diversity initiatives, affirmative action compliance issues, wage audits, and conduct preventative analysis. Our goal is to help clients identify potential discrimination issues and avoid allegations of unlawful bias. When necessary, we defend clients against charges, allegations of discrimination, and any related litigation.

News & Press Releases

How Employment Regulation Might Shift Under the Biden Administration, and What Businesses and Workers Need to Know -- Business Insider Interviews and Quotes Beverly Alfon
Business Insider, January 21, 2021

Blog

Labor & Employment Law Update: www.laborandemploymentlawupdate.com

Alerts

OSHA ETS: What Health Care Providers Need to Know
June 18, 2021
Health Care Workers and Labor Unions: The COVID “Bump” and the New Administration’s Efforts to Unionize More Workers
April 28, 2021
Check Local and State Health Department Rules: Some Require Reporting of COVID-19 Cases
February 23, 2021
COVID-19 Relief Bill: FFCRA Leave Mandate Not Extended; Tax Credits Available for Voluntary Leave
December 22, 2020
STIMULUS 2.0: The Consolidated Appropriations Act 2021 – Key Provisions for Employers
December 22, 2020
Update: EEOC Issues Guidance Regarding COVID-19 Vaccines in the Workplace
December 16, 2020
CDC Now Provides Two Options for Shortened Quarantine Time
December 3, 2020
Can I Require My Employees to Get the COVID-19 Vaccine?
November 12, 2020
Can You Ask Employees Medical Questions during a Pandemic? The EEOC’s Guidance on Complying with the ADA during COVID-19
October 26, 2020
DOL Issues Updated FFCRA Regulations
September 14, 2020
DOL Clarifies FFCRA Child Care Leave – More FFCRA Guidance Expected
September 10, 2020
IRS Issues Limited Guidance on Payroll Tax Deferral Option
August 31, 2020
I Don’t Want to Wear a Mask…Part 2: How Businesses Can Enforce the Policy Requirement
July 24, 2020
Employees Entitled to Leave Because Camp is Closed? Yes.
July 2, 2020
COVID-19 “Close Contacts” Just Got a Little Closer
July 1, 2020
ATTENTION Paycheck Protection Program Loan Recipients: REVISED Forgiveness Application Issued
June 23, 2020
Charting the Course for H-1Bs and Other Visas Through COVID-19
May 27, 2020
Another Symptom of COVID-19: Union Organizing
May 26, 2020
Key Takeaways for PPP Borrowers: The Forgiveness Application is Finally Out!!
May 18, 2020
Can I go to Jail if My Business Violates a Stay-at-Home Order?
May 18, 2020
Wisconsin Strikes Down Stay-at-Home Order: Non-essential Businesses Prepare to Reopen
May 14, 2020
Wisconsin Strikes Down Stay-at-Home Order: Non-essential Businesses Prepare to Reopen
May 14, 2020
Benefit Plan Deadlines Extended – COBRA, Special Enrollment, Plan Disclosures and More
May 11, 2020
ADA Implications: I Don’t Want to Wear a Mask….
May 8, 2020
What if a Laid Off Worker Refuses to Return to Work under the PPP?
May 5, 2020
Must Employers Pay for Employee’s Temperature Screens in light of COVID-19? Wage and Hour Laws May Impact Employer Safety Procedures
May 5, 2020
What to do When Your Employee Tests Positive for COVID-19
April 30, 2020
Missouri Announces Plan to Gradually Reopen Economic and Social Activity
April 28, 2020
Why You Need to Pay Attention to How the Feds Are Approaching the Meat and Poultry Processing Industry
April 28, 2020
Governor Pritzker Extends the Illinois Stay at Home Order through May 30, 2020
April 23, 2020
You Didn’t Get Your PPP Loan – What Now?
April 22, 2020
EEOC Updates COVID-19/ADA Guidance As We Move Toward Reopening the Economy
April 17, 2020
You Just Received Your PPP Loan Money. Now What?
April 17, 2020
Workers’ Compensation and COVID-19: Proving Work Comp Claims are Becoming Easier (with Illinois leading the way…)
April 13, 2020
CDC Issues New Relaxed Guidelines for Safety Practices for Essential Workers Potentially Exposed to COVID-19
April 10, 2020
Retirement Plan Relief for Employees under the CARES Act – Expanded Distributions and Loans
April 7, 2020
UPDATE – Does a “Shelter-in-Place” or “Stay-at-Home” Order Trigger Paid Sick Leave under the FFCRA?
April 6, 2020
Missouri Issues State-wide “Stay At Home” Order
April 4, 2020
US DOL Releases Families First Coronavirus Response Act (FFCRA) Temporary Regulations and Updates FAQ’s
April 3, 2020
WARN Act and its Implications for COVID-19 Layoffs and Furloughs
April 1, 2020
Does a “Shelter in Place” or “Stay at Home Order” Trigger Paid Leave under the FFCRA?
March 31, 2020
The Duty to Bargain During the COVID-19 Pandemic
March 31, 2020
U.S. DOL Issues Guidance on “Health Care Provider” and “Emergency Responder” Definitions for FFCRA Exclusions
March 30, 2020
U.S. DOL Issues Guidance on the FFCRA “Small Employer” Exemption and “Viability” Definition
March 30, 2020
Can Employers Use Existing Paid Leave Benefits to Offset Emergency Paid Sick Leave under the FFCRA?
March 27, 2020
Regular Rate of Pay under the FFCRA – It’s Not Necessarily the Base Wage
March 27, 2020
So You Want Some of the Fed Money? The Potential Price for Mid-Sized Businesses: A Labor Union
March 27, 2020
Counting to 500 Under the Families First Coronavirus Response Act
March 26, 2020
US DOL Releases FAQs re: the Families First COVID-19 Act (FFCRA) – April 1st Effective Date
March 25, 2020
DHS Relaxes I-9 Requirements for New-Hires Impacted by COVID-19 and USCIS Extends Timeframe for E-verify TNCs
March 24, 2020
Tax Breaks for Qualified Disaster Relief Payments to Employees
March 24, 2020
What to Do When Your Employees Are Scared to Come to Work?
March 24, 2020
Wisconsin Issues Safer At Home Order in Response to COVID-19
March 24, 2020
Missouri Mandates Social Distancing and St. Louis County and City Order “Stay At Home”
March 23, 2020
Legislative Tax Relief for Employers and Their Employees Affected by the Coronavirus Pandemic
March 22, 2020
My Employee is Subject to a “Shelter-in-Place” Order – What Do I Do Now?
March 20, 2020
“Stay at Home” Order in Illinois
March 20, 2020
How Will An Employer’s Existing Paid Leave Policies Apply to The Families First Coronavirus Response Act Paid Leave Mandates
March 19, 2020
Feds Pass Revised Paid Leave & Other Employer Mandates in Response to Covid-19
March 18, 2020
Families First Coronavirus Response Act: What It Means For Employers
March 15, 2020

Publications

New HR Laws Impacting Illinois Manufacturers
The Illinois Manufacturer Magazine, April 30, 2021
Illinois Employment Forms-Online Version
Illinois Chamber of Commerce, March 2021
It’s Worth a Shot – The COVID-19 Vaccine from an Employer’s Perspective
USLAW Magazine, March 16, 2021
Conducting the Employment Practices Audit 2020 Edition
Illinois Institute for Continuing Legal Education, 2020
Illinois Employment Law Handbook - 5th Edition
Illinois Chamber of Commerce, 2019
Illinois Employment Law Handbook, 4th Edition
Illinois Chamber of Commerce, 2016

Presentations & Events

Seventh Annual Labor & Employment Fall Seminar
Oak Brook, IL, September 29, 2021
Overview to Stay Compliant Within Employment Laws
Lorman, Webcast, September 1, 2021
NAMA Show - Diverse and Inclusive Workplaces: How to Effectuate a Culture That Benefits Everyone, Including the Employer
New Orleans Ernest N. Morial Convention Center; New Orleans, Louisiana, August 18, 2021
NAMA Show - An Interactive Legal Workshop on Liability and HR Issues Facing Employers Today
New Orleans Ernest N. Morial Convention Center; New Orleans, Louisiana, August 17, 2021
Recruiting & Retaining Employees in 2021: Being Creative while Avoiding Legal Pitfalls
SmithAmundsen, Webcast, August 10, 2021
Model Employee Policies Handbook Update: What's Changed for Illinois Employers?
Illinois Chamber of Commerce, Seminar; Effingham, IL, July 21, 2021
New Pay Data Reporting Obligations & Criminal Conviction Restrictions Impacting Illinois Employers
Illinois Chamber of Commerce, Seminar; Edwardsville, IL, June 23, 2021
New Pay Data Reporting Obligations & Criminal Conviction Restrictions Impacting Illinois Employers
Illinois Chamber of Commerce, Seminar; Springfield, IL, June 10, 2021
New Pay Data Reporting Obligations & Criminal Conviction Restrictions Impacting Illinois Employers
Illinois Chamber of Commerce, Seminar; Naperville, IL, June 3, 2021
Mask Mandate Mayhem! A Briefing for Confused Employers
SmithAmundsen, Webcast, May 24, 2021
The Biden Administration: What Businesses Need to Know
Clear Law Institute, Webcast, May 19, 2021
What You Need to Know as You Transition Your Team Back to the Office
AssuredPartners, Webcast, May 12, 2021
Negotiate, Persuade, and Close the Candidate
Lorman Education Services; Webcast, May 5, 2021
NEW Illinois Law Prohibiting Use of Criminal Convictions: An Employer’s Guide
SmithAmundsen, Webcast, April 29, 2021
NEW Illinois LEGAL MANDATES for Employers: Prohibition re Criminal Convictions & Equal Pay Certification Obligations
Connor & Gallagher OneSource, Webcast, April 29, 2021
Diversity, Inclusion, and Equity
Wisconsin Association of Mutual Insurance Companies, Webcast, April 26, 2021
Model Employee Policies Handbook Update - What’s Changed for Illinois Employers?
Illinois Chamber of Commerce, Seminar; Naperville, IL, April 21, 2021
2021 Educational Series: "2021 Labor & Employment Laws Updates Impacting Trucking Employers"
Mid-West Truckers Association, Inc., Webcast, April 12, 2021
American Rescue Plan: What Employers Must Know Now
SmithAmundsen, Webcast, March 23, 2021
Gearing up for President Biden’s Emergency COVID-19 Workplace Rules
Illinois Chamber of Commerce, Webcast, March 23, 2021
2021 Chicago Association of Spring Manufacturers, Inc. Legal Update
Chicago Association of Spring Manufacturers, Inc., Dinner Meeting; Oak Brook, IL, March 18, 2021
Major Labor & Employment Changes Today and Tomorrow under the Biden Administration
SmithAmundsen, Webcast, March 17, 2021
COVID-19 Vaccine in the Workplace
Aurora Regional Chamber of Commerce, Webcast, March 10, 2021
To Mandate Vaccines or Not: What Employers Need to Understand
Illinois Landscape Contactors Association, Webcast, March 3, 2021
To Mandate Vaccines or Not: What Employers Need to Understand
Illinois Chamber of Commerce, Webcast, March 2, 2021
Labor Law Hot Topics and COVID-19 – What It Means for Employers
Illinois Lumber and Material Dealers Association; Webcast, February 25, 2021
Terminating the Problem Employee
Illinois Chamber of Commerce, Webcast, February 23, 2021
A New Era of Workplace Regulation on Illinois Employers
Illinois Manufacturers’ Association, Webcast, February 16, 2021
COVID-19 Vaccinations and Employer Responsibilities
Illinois Association Chamber of Commerce Executives, Webcast, February 11, 2021
The Legal Implications of Managing a Remote Workforce
AssuredPartners, Webcast, February 10, 2021
Berwyn Development Corporation Seminar on COVID-19 Vaccination and Required Testing
Berwyn Development Corporation, Webcast, February 2, 2021
COVID Safety & Health Concerns in the Workplace
Employee Benefits Association of Northern Illinois, Webcast, January 27, 2021
Mandatory Vaccines and Other Options for Employers During this Year’s Cold & Flu Season
Rockford Chamber of Commerce, Webcast, January 13, 2021
Update on the Good, the Bad, and the Ugly of Affirmative Action
Illinois Chamber of Commerce, Webcast, December 16, 2020
How Employees Can Better Manage this Year’s Cold & Flu Season
Illinois Chamber of Commerce, Webcast, December 4, 2020
Diverse and Inclusive Workplaces: How to Effectuate a Culture that Benefits Everyone, Including the Employer
National Automatic Merchandising Association, Webcast, December 3, 2020
Election 2020 and the Merit Shop: How Should Merit Shop Contractors Prepare for Upcoming DOL Policy and Regulatory Actions?
Associated Builders and Contractors’ Legal and Policy Forecast Conference; Webcast, December 3, 2020
7th Annual New Laws Virtual Forum for Illinois Employers
Illinois Chamber of Commerce, Webcast, December 2, 2020
To Mandate Vaccines or Not: What Employees Need to Understand
Illinois Chamber of Commerce, Webcast, November 18, 2020
Reasonable Suspicion Training for Managers
Waubonsee Community College, Webcast, November 11, 2020
Impact of the 2020 Election on the Workplace
Illinois Chamber of Commerce, Webcast, November 10, 2020
Business Owner's Guide to Preventing Gender Bias in the Workplace
Lorman Education Services, Webcast, November 3, 2020
NEW IL Mandatory Anti-Sexual Harassment Training: Train the Trainer
Illinois Chamber of Commerce; Decatur, IL, October 29, 2020
BIPA: The Ongoing Threat of Employee Class Actions and Recent Developments
SmithAmundsen, Webcast, October 29, 2020
Chicago Fair Workweek Ordinance: Separating Fact from Fiction
Illinois Chamber of Commerce, Webcast, October 28, 2020
Sexual Harassment and Discrimination in the Workplace for Employers – Are You Prepared Both Proactively & Reactively for the Illinois Workplace Transparency Act?
SmithAmundsen, Webcast, October 22, 2020
The Illinois Prevailing Wage Certified Transcript of Payroll
Illinois Chamber of Commerce, Webcast, October 21, 2020
Drug Testing & Reasonable Suspicion Training in 2020
Illinois Chamber of Commerce, Webcast, October 21, 2020
Illinois Mandatory Anti-Sexual Harassment Prevention Training
Chicago Healthcare Risk Management Society, Webcast, October 15, 2020
Illinois Minimum Wage & Overtime During these Unprecedented Times
Illinois Chamber of Commerce, Webcast, October 13, 2020
Drug Testing & Reasonable Suspicion Training in 2020
Illinois Chamber of Commerce, Webcast, October 9, 2020
Train the Trainer: Anti Sexual Harassment Training Mandatory in Illinois
Illinois Chamber of Commerce, Webcast, October 8, 2020
Trends & Technical Issues Impacting Employment Based Immigration in Light of COVID-19 and the Election Year
Illinois Chamber of Commerce, Webcast, October 6, 2020
Illinois Mandatory Anti-Sexual Harassment Prevention Training
Chicago Healthcare Risk Management Society, Webcast, September 24, 2020
The 7 Deadly Sins of Documenting Discipline
Clear Law Institute, Webcast, September 16, 2020
NEW IL Mandatory Anti-Sexual Harassment Training: Train the Trainer
Illinois Chamber of Commerce; Marion, IL, September 16, 2020
How to Confront and Discipline Employees in the Age of COVID-19
Illinois Chamber of Commerce, Webcast, September 15, 2020
Conducting an Internal HR Audit in 2020 and Beyond
Illinois Chamber of Commerce, Webcast, September 10, 2020
COVID-19 Executive Orders, Back-to-School and Other Concerns
Finishing Contractors Association of Illinois, Webcast, September 1, 2020
Illinois Mandatory Anti-Sexual Harassment Training
Lorman Education Services, Webcast, August 27, 2020
Race, Religion, and Politics in the Workplace: What Employers Need to Know
SmithAmundsen, Webcast, August 19, 2020
What Employers Need to Know Related to COVID-19 and Childcare
Illinois Chamber of Commerce, Webcast, August 17, 2020
A Short Tutorial on the PPP Forgiveness Application
SmithAmundsen, Webcast, May 27, 2020
Re-Opening the Economy: Preparing to Return to the Workplace
The Chamber of Manitowoc County; Webcast, May 19, 2020
How Family First Coronavirus Response Act and CARES Impact Your Business
Aurora Regional Chamber of Commerce, Webcast, April 15, 2020
The Current and Potential Effects of the Coronavirus on Employers, Employees, and the Workplace
Clear Law Institute, Webcast, April 6, 2020
Human Resources Legal Advice You Need to Know Now
American Bus Association & USLAW Network, Webcast, April 3, 2020
COVID-19 Webinar Series: The Latest Local, State and Federal Mandates Impacting the Workplace
Presented by SmithAmundsen COVID-19 Task Force, March 18, 2020
Train the Trainer: Anti Sexual Harassment Training Mandatory in Illinois
Illinois Chamber of Commerce, Webcast, February 14, 2020
HR: Illinois' New Anti-Harassment/Discrimination Laws - What Employers Need to Know
Valley Industrial Association (VIA); Geneva, IL, February 12, 2020
How to Legally Handle Employee Terminations and Resignations
Lorman Education Services; Webcast, 2019
Preparing for Tomorrow's Problems Today: Marijuana, Wellness, Benefits and More
SmithAmundsen; Lombard, IL, September 25, 2019
New Illinois Sexual Harassment and Discrimination Legal Updates
Lorman Education Services; Webinar, September 18, 2019
How to Document and Terminate in YOUR Industry
SmithAmundsen, Webinar, August 21, 2019