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OMB and DoL Direct Agencies to Appoint Labor Compliance Advisors Pursuant to "Fair Pay" EO

Client Alert | 1 min read | 03.09.15

On March 5, OMB and DoL circulated a Memorandum to federal agencies regarding the "Fair Pay and Safe Workplaces" Executive Order (previously discussed here, and here), providing "guidance" with respect to the Labor Compliance Advisor role created by the EO, and directing agencies to designate within 90 days a senior-level official to serve as LCA. The memo, which reiterates the troubling scope and nature of the new position (i.e., "providing assistance to contracting officers" during the procurement process, "advising … contracting officers and other agency officials regarding recommended actions to be taken in response to labor law violations," and "sending any relevant information to suspending and debarring officials"), also states that GSA will create a new web site for the labor compliance reporting requirements identified in the EO, and indicates that FAR Council regulatory action and additional DoL guidance will be forthcoming.

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Client Alert | 3 min read | 04.25.24

JUST RELEASED: EPA’s Bold New Strategic Civil-Criminal Enforcement Collaboration Policy

The Environmental Protection Agency’s (EPA’s) Office of Enforcement and Compliance Assurance (OECA) just issued its new Strategic Civil-Criminal Enforcement Policy, setting the stage for the new manner in which the agency manages its pollution investigations. David M. Uhlmann, the head of OECA, signed the Policy memorandum on April 17, 2024, in order to ensure that EPA’s civil and criminal enforcement offices collaborate efficiently and consistently in cases across the nation. The Policy states, “EPA must exercise enforcement discretion reasonably when deciding whether a particular matter warrants criminal, civil, or administrative enforcement. Criminal enforcement should be reserved for the most egregious violations.” ...

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