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Contractors’ Privileged Pay Analyses Protected From DOL Audits

Aug. 18, 2022, 2:49 PM

Federal contractors need not turn over privileged materials during audits of their compensation analyses, the Department of Labor said in a revised directive.

Following widespread confusion among the contractor community, the DOL’s Office of Contract Compliance Programs on Thursday published a revision of a March directive on the agency’s review of the compensation analysis that contractors are required to conduct. The requirement is meant to prevent pay inequities among companies that do business with the government.

The OFCCP, which enforces antidiscrimination laws with respect to federal contractors, orginally said contractors “cannot withhold these documents by invoking attorney-client privilege or the ...