Communiqué Archive
08/19/2020
2020 Filing of VET4212 Reports
The VET portal for filing the 2020 VET4212 reports has opened. The deadline for filing these reports is September 30th. Further filing information can be obtained by going to: https://www.dol.gov/agencies/vets/programs/vets4212.
As always, if you require our assistance Contact Us
2020 Filing of VET4212 Reports
The VET portal for filing the 2020 VET4212 reports has opened. The deadline for filing these reports is September 30th. Further filing information can be obtained by going to: https://www.dol.gov/agencies/vets/programs/vets4212.
As always, if you require our assistance Contact Us
05/8/2020
OFCCP Revises Voluntary Disability Self-Identification Form
In October of 2019, the OFCCP submitted a proposal to update the self-identification form as to disability, which was set to expire on 1/31/20. On 5/5/20, the updates that were sought by the OFCCP were approved. The form has been revised as follows: (1) one page, instead of two, (2) Includes additional physical/mental impairments/disorders, (3) includes additional information as to why applicants/employees are being asked to complete the form, (4) expanded “options” for applicants/employees as to “check boxes below” on form, & (5) a new expiration date of 5/31/20.
What do you need to do now? Contractors/subcontractors have until August 4, 2020, to implement the new form into their applicant tracking system, internal employee tracking (if applicable), employer website and wherever the Voluntary Disability Self-Identification form is presently posted/in use. Contractors/subcontractors can continue to use the present/expired self-identification form, until they have incorporated the revised form into their system/processes.
The form can be accessed and downloaded by going to: Voluntary Self‐Identification of Disability Form.
Further details/questions as to how to utilize this form is provided by going to: Section 503 Regulations Frequently Asked Questions.
OFCCP Revises Voluntary Disability Self-Identification Form
In October of 2019, the OFCCP submitted a proposal to update the self-identification form as to disability, which was set to expire on 1/31/20. On 5/5/20, the updates that were sought by the OFCCP were approved. The form has been revised as follows: (1) one page, instead of two, (2) Includes additional physical/mental impairments/disorders, (3) includes additional information as to why applicants/employees are being asked to complete the form, (4) expanded “options” for applicants/employees as to “check boxes below” on form, & (5) a new expiration date of 5/31/20.
What do you need to do now? Contractors/subcontractors have until August 4, 2020, to implement the new form into their applicant tracking system, internal employee tracking (if applicable), employer website and wherever the Voluntary Disability Self-Identification form is presently posted/in use. Contractors/subcontractors can continue to use the present/expired self-identification form, until they have incorporated the revised form into their system/processes.
The form can be accessed and downloaded by going to: Voluntary Self‐Identification of Disability Form.
Further details/questions as to how to utilize this form is provided by going to: Section 503 Regulations Frequently Asked Questions.
05/7/2020
EEOC Delays Filing of 2019 EEO-1 Reports Until March 2021
Today the EEOC released a Statement delaying the collection of the data for the 2019 EEO-1 Reports until March of 2021.
At that time, they will also be collecting data for the 2020 EEO-1 Reports as well.
EEOC Delays Filing of 2019 EEO-1 Reports Until March 2021
Today the EEOC released a Statement delaying the collection of the data for the 2019 EEO-1 Reports until March of 2021.
At that time, they will also be collecting data for the 2020 EEO-1 Reports as well.
03/20/2020
OFCCP COVID-19 Response, OPERATIONS TO CONTINUE
Due to the pandemic, the OFCCP has issued a statement in regards to resources, operations, OFCCP reviews, and in addition provides contact/assistance information for those contractors presently undergoing reviews.
To read this statement, click here.
OFCCP COVID-19 Response, OPERATIONS TO CONTINUE
Due to the pandemic, the OFCCP has issued a statement in regards to resources, operations, OFCCP reviews, and in addition provides contact/assistance information for those contractors presently undergoing reviews.
To read this statement, click here.
01/13/2020
Final Rule Updating Joint Employer Regulations Under FSLA
Joint employer status is nothing new. However, there is now a four factor test for determining whether or not an employer is a joint employer under the FSLA. The test covers four factors: (1) hiring/firing (2) supervising/controlling (3) method of & payment rate, & (4) employment records. The final rule also provides further clarifications useful in determining joint employer status. To access the Final Rule, go to: https://www.dol.gov/newsroom/releases/whd/whd20200112
Final Rule Updating Joint Employer Regulations Under FSLA
Joint employer status is nothing new. However, there is now a four factor test for determining whether or not an employer is a joint employer under the FSLA. The test covers four factors: (1) hiring/firing (2) supervising/controlling (3) method of & payment rate, & (4) employment records. The final rule also provides further clarifications useful in determining joint employer status. To access the Final Rule, go to: https://www.dol.gov/newsroom/releases/whd/whd20200112
01/06/2020
OFCCP Updates Federal Contractors Compliance Manual
Looking to start the New Year with some light reading. The OFCCP’s long awaited updates to the Compliance Manual utilized by its compliance officers has been published. The Compliance Manual is a great reference tool for federal contractors/subcontractors facing an audit by the OFCCP, and is informative as well.
To access the Compliance Manual, go to: https://www.dol.gov/agencies/ofccp/manual/fccm
OFCCP Updates Federal Contractors Compliance Manual
Looking to start the New Year with some light reading. The OFCCP’s long awaited updates to the Compliance Manual utilized by its compliance officers has been published. The Compliance Manual is a great reference tool for federal contractors/subcontractors facing an audit by the OFCCP, and is informative as well.
To access the Compliance Manual, go to: https://www.dol.gov/agencies/ofccp/manual/fccm
11/13/2019
EEOC Update EEO-1 Reports & Component 2 Pay Data Collection
Since the reinstatement of the compensation requirement back in May, there has been much discussion as to the additional burden upon employers as well as its value. At this point in time, the EEOC will continue to utilize the EEO-1 report as it has done for many years. However, it is not planning to continue the collection of pay data (Component 2). Further analysis and comments are being collected by the EEOC before a final determination will be made as to collection of pay data. For further information, go to: https://eeoc.gov/
EEOC Update EEO-1 Reports & Component 2 Pay Data Collection
Since the reinstatement of the compensation requirement back in May, there has been much discussion as to the additional burden upon employers as well as its value. At this point in time, the EEOC will continue to utilize the EEO-1 report as it has done for many years. However, it is not planning to continue the collection of pay data (Component 2). Further analysis and comments are being collected by the EEOC before a final determination will be made as to collection of pay data. For further information, go to: https://eeoc.gov/
11/08/2019
OFCCP Releases 2019 Supplemental VEVRAA Focused Review Scheduling List
OFCCP has released a supplement to the Corporate Scheduling List which was originally published on March 25th 2019. The supplement identifies 500 contractors/subcontractors chosen for a VEVRAA Focused Review.
To view this supplemental, go to: https://www.dol.gov/ofccp/scheduling/index.html.
As a reminder, contractors/subcontractors will no longer be provided notification by mail, so it is recommended that they subscribe to receive OFCCP emails / updates by going to: https://public.govdelivery.com/accounts/USDOLOFCCP/subscriber/new
OFCCP Releases 2019 Supplemental VEVRAA Focused Review Scheduling List
OFCCP has released a supplement to the Corporate Scheduling List which was originally published on March 25th 2019. The supplement identifies 500 contractors/subcontractors chosen for a VEVRAA Focused Review.
To view this supplemental, go to: https://www.dol.gov/ofccp/scheduling/index.html.
As a reminder, contractors/subcontractors will no longer be provided notification by mail, so it is recommended that they subscribe to receive OFCCP emails / updates by going to: https://public.govdelivery.com/accounts/USDOLOFCCP/subscriber/new
11/08/2019
OFCCP Issues Directive 2020-01 As to Spouses of Protected Veterans
In its effort to ensure that military spouses of protected veterans are not discriminated against, during an OFCCP onsite review questions will be asked and compliance assistance provided by the Compliance Officer to assist contractors/subcontractors as to its obligations under this directive. To access this Directive, go to: https://www.dol.gov/ofccp/regs/compliance/directives/dir2020_01.html
OFCCP Issues Directive 2020-01 As to Spouses of Protected Veterans
In its effort to ensure that military spouses of protected veterans are not discriminated against, during an OFCCP onsite review questions will be asked and compliance assistance provided by the Compliance Officer to assist contractors/subcontractors as to its obligations under this directive. To access this Directive, go to: https://www.dol.gov/ofccp/regs/compliance/directives/dir2020_01.html
11/04/2019
OFCCP Offers Technical Assistance Guides
In keeping with its commitment to provide technical assistance, the OFCCP continues to issue technical guides to Federal, Construction, Supply & Service Contractors, and Educational Institutions. To view these technical guides, and a host of others guides dealing with Notices & Postings, and Recordkeeping as to: Applicant tracking, EEO11246, VEVRAA, and Section 503, go to: https://www.dol.gov/ofccp/CAGuides/Index.html.
OFCCP Offers Technical Assistance Guides
In keeping with its commitment to provide technical assistance, the OFCCP continues to issue technical guides to Federal, Construction, Supply & Service Contractors, and Educational Institutions. To view these technical guides, and a host of others guides dealing with Notices & Postings, and Recordkeeping as to: Applicant tracking, EEO11246, VEVRAA, and Section 503, go to: https://www.dol.gov/ofccp/CAGuides/Index.html.
9/24/2019
Final Overtime Rule Issued by U.S. Department of Labor Effective January 1, 2020
The earning thresholds for executive, administrative, and professional will increase from $455 per week to $684, and the annual minimum salary for highly compensated employees has been increased from $100,000 to $107,432 per year. Other forms of compensation, nondiscretionary bonuses, incentive payments, and commissions are addressed as well. To view the Final Rule and gain access to additional useful information, going to: https://www.dol.gov/whd/overtime2019/index.htm.
Final Overtime Rule Issued by U.S. Department of Labor Effective January 1, 2020
The earning thresholds for executive, administrative, and professional will increase from $455 per week to $684, and the annual minimum salary for highly compensated employees has been increased from $100,000 to $107,432 per year. Other forms of compensation, nondiscretionary bonuses, incentive payments, and commissions are addressed as well. To view the Final Rule and gain access to additional useful information, going to: https://www.dol.gov/whd/overtime2019/index.htm.
7/15/2019
EEOC Opens Web-Portal Opens for Collection of 2017 & 2018 Pay Data
The EEOC has opened its web-based portal for the collection of the 2017 & 2018 pay data. On July 15, 2019, filers were sent login information (User ID & FEIN) via a USPS letter and email. As in the past, filers will need to establish a Password in order to file their data.
However, the EEOC states that the data file upload function and validation process will not be available to filers wishing to upload their pay data until August 15, 2019. Further details/materials can be viewed by going to: https://eeoccomp2.norc.org.
EEOC Opens Web-Portal Opens for Collection of 2017 & 2018 Pay Data
The EEOC has opened its web-based portal for the collection of the 2017 & 2018 pay data. On July 15, 2019, filers were sent login information (User ID & FEIN) via a USPS letter and email. As in the past, filers will need to establish a Password in order to file their data.
However, the EEOC states that the data file upload function and validation process will not be available to filers wishing to upload their pay data until August 15, 2019. Further details/materials can be viewed by going to: https://eeoccomp2.norc.org.
7/6/2019
2017 & 2018 Additional Support Information Released as to Reporting of Compensation
As promised, additional support information/materials have been released by the EEOC. The website contains Sample Forms, Filing Instructions, a User’s Guide, FAQs, the EEOC’s Initial Notification letter, and Reference Documents. All of these materials can be viewed by going to: https://eeoccomp2.norc.org/info.html
2017 & 2018 Additional Support Information Released as to Reporting of Compensation
As promised, additional support information/materials have been released by the EEOC. The website contains Sample Forms, Filing Instructions, a User’s Guide, FAQs, the EEOC’s Initial Notification letter, and Reference Documents. All of these materials can be viewed by going to: https://eeoccomp2.norc.org/info.html
6/4/2019
2017 & 2018 EEO-1 Update Reporting of Compensation
According to the most recent notification by the EEOC companies can “expect a web-based portal for the collection of 2017 and 2018 Component 2 data to be active by mid-July 2019. Please note that the portal is not yet open. The EEOC will be notifying filers prior to the launch of the portal and providing FAQs and other materials to assist filers with the submission of Component 2 data. The EEOC expects their helpdesk to be fully operational starting on approximately June 17, 2019. The URL for the portal will be https://eeoccomp2.norc.org.
2017 & 2018 EEO-1 Update Reporting of Compensation
According to the most recent notification by the EEOC companies can “expect a web-based portal for the collection of 2017 and 2018 Component 2 data to be active by mid-July 2019. Please note that the portal is not yet open. The EEOC will be notifying filers prior to the launch of the portal and providing FAQs and other materials to assist filers with the submission of Component 2 data. The EEOC expects their helpdesk to be fully operational starting on approximately June 17, 2019. The URL for the portal will be https://eeoccomp2.norc.org.
5/28/2019
U.S. Department of Labor Revisions to Executive Order 13496 NLRA Rights Poster
The U.S. Dept. of Labor has made technical changes to the National Labor Relations Act (NLRA) rights poster that federal contractors/subcontractors are required to display under Executive Order 13496. The revised poster has been updated to reflect (1) a new telephone number for the National Labor Relations Board (NLRB), which is the agency responsible for enforcing the NJLR and (2) contact information for individuals who are deaf or hard of hearing. No other changes were made at this time.
The poster can be downloaded for free by going to the Department’s Office of Labor-Management Standards (OLMS) website at https://www.dol.gov/olms/regs/compliance/EO13496.htm. It is available in multiple languages, and the website provides relevant information as well. Given that the OFCCP has ramped up its auditing practices, it would be prudent to ensure that the company is complying with this posting requirement.
U.S. Department of Labor Revisions to Executive Order 13496 NLRA Rights Poster
The U.S. Dept. of Labor has made technical changes to the National Labor Relations Act (NLRA) rights poster that federal contractors/subcontractors are required to display under Executive Order 13496. The revised poster has been updated to reflect (1) a new telephone number for the National Labor Relations Board (NLRB), which is the agency responsible for enforcing the NJLR and (2) contact information for individuals who are deaf or hard of hearing. No other changes were made at this time.
The poster can be downloaded for free by going to the Department’s Office of Labor-Management Standards (OLMS) website at https://www.dol.gov/olms/regs/compliance/EO13496.htm. It is available in multiple languages, and the website provides relevant information as well. Given that the OFCCP has ramped up its auditing practices, it would be prudent to ensure that the company is complying with this posting requirement.
5/9/2019
OFCCP Launches Compliance Check Website
The OFCCP has launched its Compliance Check website. We also direct you to our previous Communique of March 25, 2019 for additional details.
If you require our assistance Contact Us
OFCCP Launches Compliance Check Website
The OFCCP has launched its Compliance Check website. We also direct you to our previous Communique of March 25, 2019 for additional details.
If you require our assistance Contact Us
5/3/2019
Filing of 2017 & 2018 EEO1 Reports Immediate Reinstatement of Compensation Data Requirement
The EEOC has issued the attached Notice in regards to the filing of compensation data for 2017and 2018.
The EEOC states that they "anticipate collecting compensation data for 2017 and 2018 beginning mid July 2019." They are presently working with a third party vendor to accomplish this, and will notify filers of the precise date this data collection will begin.
At this point in time, we strongly advise meeting with those parties/departments instrumental in gathering the necessary data for the company’s submission. Additionally, the company should continue to check the EEO-1 survey website for updates as well.
Filing of 2017 & 2018 EEO1 Reports Immediate Reinstatement of Compensation Data Requirement
The EEOC has issued the attached Notice in regards to the filing of compensation data for 2017and 2018.
The EEOC states that they "anticipate collecting compensation data for 2017 and 2018 beginning mid July 2019." They are presently working with a third party vendor to accomplish this, and will notify filers of the precise date this data collection will begin.
At this point in time, we strongly advise meeting with those parties/departments instrumental in gathering the necessary data for the company’s submission. Additionally, the company should continue to check the EEO-1 survey website for updates as well.
3/31/2019
2018 Filing of EEO-1 Reports Update
May 31, 2019 is the deadline for filing the 2018 EEO-1 reports. A one-time extension may be granted. Further information in regards to the EEO-1 reports, can be obtained by going to: https://www.eeoc.gov/employers/eeo1survey/index.cfm.
If you require our assistance Contact Us
2018 Filing of EEO-1 Reports Update
May 31, 2019 is the deadline for filing the 2018 EEO-1 reports. A one-time extension may be granted. Further information in regards to the EEO-1 reports, can be obtained by going to: https://www.eeoc.gov/employers/eeo1survey/index.cfm.
If you require our assistance Contact Us
3/31/2019
OFCCP Updates National Annual Benchmark for VEVRAA
Effective 3/31/19, the Annual VEVRAA Benchmark was lowered from 6.4% to 5.9%. Annual Benchmark updates are published on the Department of Labor website.
OFCCP Updates National Annual Benchmark for VEVRAA
Effective 3/31/19, the Annual VEVRAA Benchmark was lowered from 6.4% to 5.9%. Annual Benchmark updates are published on the Department of Labor website.
3/25/2019
OFCCP PUBLISHES CORPORATE SCHEDULING ANNOUNCEMENT LIST (CSAL)
On 3/25/19 the OFCCP published the CSAL, which includes establishment reviews, Section 503 Focused Reviews, Compliance Checks, FAAP reviews, and Corporate Management Compliance Evaluations (CMCE) reviews. You can view the entire list of companies chosen for review, and gain detailed information as to Scheduling, CMCE, and Section 503 Focused Reviews by going to: https://www.dol.gov/ofccp/scheduling/index.html. We also direct you to our prior Communiques from Feb 1st 2018 and Sept 30th 2014.
If you require our assistance Contact Us
OFCCP PUBLISHES CORPORATE SCHEDULING ANNOUNCEMENT LIST (CSAL)
On 3/25/19 the OFCCP published the CSAL, which includes establishment reviews, Section 503 Focused Reviews, Compliance Checks, FAAP reviews, and Corporate Management Compliance Evaluations (CMCE) reviews. You can view the entire list of companies chosen for review, and gain detailed information as to Scheduling, CMCE, and Section 503 Focused Reviews by going to: https://www.dol.gov/ofccp/scheduling/index.html. We also direct you to our prior Communiques from Feb 1st 2018 and Sept 30th 2014.
If you require our assistance Contact Us
3/25/2019
Section 503 Focused Reviews to Begin
Along with establishment reviews, Compliance Checks, FAAP reviews, and Corporate Management Compliance Evaluations (CMCE) reviews, now comes the Section 503 Focused Review. A Section 503 review focuses on the company’s accommodation policies and requests, recruitment efforts, assessment of personnel processes, and physical and mental qualifications of individuals with disabilities. To learn more about Section 503 Focused Reviews, go to https://www.dol.gov/ofccp/Section503-FocusedReviews/index.html
As always, if you require our assistance Contact Us
Section 503 Focused Reviews to Begin
Along with establishment reviews, Compliance Checks, FAAP reviews, and Corporate Management Compliance Evaluations (CMCE) reviews, now comes the Section 503 Focused Review. A Section 503 review focuses on the company’s accommodation policies and requests, recruitment efforts, assessment of personnel processes, and physical and mental qualifications of individuals with disabilities. To learn more about Section 503 Focused Reviews, go to https://www.dol.gov/ofccp/Section503-FocusedReviews/index.html
As always, if you require our assistance Contact Us
8/1/2018
2018 Filing of VET4212 Reports
As of today, the VET portal for filing the 2018 VET4212 reports has opened. The deadline for filing these reports is September 30th. Further filing information can be obtained by going to: https://vets4212.dol.gov/vets4212.
As always if you require our assistance Contact Us
2018 Filing of VET4212 Reports
As of today, the VET portal for filing the 2018 VET4212 reports has opened. The deadline for filing these reports is September 30th. Further filing information can be obtained by going to: https://vets4212.dol.gov/vets4212.
As always if you require our assistance Contact Us
3/31/2018
2017 Filing of EEO-1 Reports Update
March 31, 2018 was the deadline for filing the 2017 EEO-1 reports. Companies may request a one-time 30-day extension by sending an e-mail to: E1.extensions@eeoc.gov. However, we strongly suggest that this be done immediately. Further information in regards to the EEO-1 reports, can be obtained by going to: https://www.eeoc.gov/employers/eeo1survey/index.cfm
As always if you require our assistance Contact Us
2017 Filing of EEO-1 Reports Update
March 31, 2018 was the deadline for filing the 2017 EEO-1 reports. Companies may request a one-time 30-day extension by sending an e-mail to: E1.extensions@eeoc.gov. However, we strongly suggest that this be done immediately. Further information in regards to the EEO-1 reports, can be obtained by going to: https://www.eeoc.gov/employers/eeo1survey/index.cfm
As always if you require our assistance Contact Us
3/31/2018
OFCCP Updates National Annual Benchmark for VEVRAA
Effective 3/31/18, the Annual VEVRAA Benchmark was lowered from 6.7% to 6.4%. Annual Benchmark updates are published on the Department of Labor website: https://www.dol.gov/ofccp/regs/compliance/AnnualVEVRAABenchmarkEffectiveDates.htm.
OFCCP Updates National Annual Benchmark for VEVRAA
Effective 3/31/18, the Annual VEVRAA Benchmark was lowered from 6.7% to 6.4%. Annual Benchmark updates are published on the Department of Labor website: https://www.dol.gov/ofccp/regs/compliance/AnnualVEVRAABenchmarkEffectiveDates.htm.
2/1/2018
OFCCP Corporate Scheduling Letters
Today, the OFCCP sent out another round of Corporate Scheduling Letters, 1000 to be exact. What are these, and what do I need to know? This “initial” letter serves as a 45 day advance “alert” that one or more of your company’s locations will be undergoing an audit by the Office of Federal Contract Compliance Programs (OFCCP) in the near future. For further information go to: https://www.dol.gov/ofccp/regs/compliance/faqs/csalfaqs.htm
The actual Scheduling Letter will be sent out on March 19, 2018 to those companies/locations chosen by the OFCCP to be audited. It is important to note that while up to ten (10) of the company’s locations can be scheduled for audit during the same period of time, no more than four (4) locations will be audited out of one OFCCP District Office at one time. Once a location is audited and the audit is closed by the OFCCP, that location will receive a five (5) year “reprieve” from audit by the OFCCP. While Scheduling Letters are usually sent to the Point of Contact or HR Director for the company, this is not always the case. Once the Scheduling Letter is received by the company it now has thirty (30) days in which to submit not only their Affirmative Action Program, but the additional documentation/information requested in the Scheduling Letter. For further detailed information see our prior Communique on this topic.
As always if you require our assistance Contact Us
OFCCP Corporate Scheduling Letters
Today, the OFCCP sent out another round of Corporate Scheduling Letters, 1000 to be exact. What are these, and what do I need to know? This “initial” letter serves as a 45 day advance “alert” that one or more of your company’s locations will be undergoing an audit by the Office of Federal Contract Compliance Programs (OFCCP) in the near future. For further information go to: https://www.dol.gov/ofccp/regs/compliance/faqs/csalfaqs.htm
The actual Scheduling Letter will be sent out on March 19, 2018 to those companies/locations chosen by the OFCCP to be audited. It is important to note that while up to ten (10) of the company’s locations can be scheduled for audit during the same period of time, no more than four (4) locations will be audited out of one OFCCP District Office at one time. Once a location is audited and the audit is closed by the OFCCP, that location will receive a five (5) year “reprieve” from audit by the OFCCP. While Scheduling Letters are usually sent to the Point of Contact or HR Director for the company, this is not always the case. Once the Scheduling Letter is received by the company it now has thirty (30) days in which to submit not only their Affirmative Action Program, but the additional documentation/information requested in the Scheduling Letter. For further detailed information see our prior Communique on this topic.
As always if you require our assistance Contact Us
1/22/2018
2017 EEO-1 Reports
The 2017 EEO-1 Survey Application is open. The deadline for filing reports is March 31, 2018. The designated Point of Contact for the employer should receive an email notice by January 29th. If this notice is not received, (check SPAM folder) the Point of Contact should call: 1-877-392-4647.
If any of the following situations have occurred during the year: Point of Contact change, merger, acquisition, or a spinoff, go to: https://www.eeoc.gov/employers/eeo1survey/index.cfm, where instructions on how to proceed can be found , as well as a User and How-to Guides . If we do not file these reports for the company, it is recommended that the designated Affirmative Action Officer ensure that the EEO-1 reports are being filed and that the certified/filed reports are downloaded or printed copies maintained, as these will be requested should the Office of Federal Contract Compliance choose to audit the company.
As always if you require our assistance Contact Us
2017 EEO-1 Reports
The 2017 EEO-1 Survey Application is open. The deadline for filing reports is March 31, 2018. The designated Point of Contact for the employer should receive an email notice by January 29th. If this notice is not received, (check SPAM folder) the Point of Contact should call: 1-877-392-4647.
If any of the following situations have occurred during the year: Point of Contact change, merger, acquisition, or a spinoff, go to: https://www.eeoc.gov/employers/eeo1survey/index.cfm, where instructions on how to proceed can be found , as well as a User and How-to Guides . If we do not file these reports for the company, it is recommended that the designated Affirmative Action Officer ensure that the EEO-1 reports are being filed and that the certified/filed reports are downloaded or printed copies maintained, as these will be requested should the Office of Federal Contract Compliance choose to audit the company.
As always if you require our assistance Contact Us
9/15/2017
2017 VET-4212 Filing Extension
Due to Hurricanes Harvey and Irma, Federal contractors/subcontractors now have until November 15, 2017 to file their 2017 VET-4212 Reports.
To file the VET-4212 reports go to: https://www.dol.gov/vets/vets4212.htm
2017 VET-4212 Filing Extension
Due to Hurricanes Harvey and Irma, Federal contractors/subcontractors now have until November 15, 2017 to file their 2017 VET-4212 Reports.
To file the VET-4212 reports go to: https://www.dol.gov/vets/vets4212.htm
8/31/2017
US Department of Labor, OFCCP, Hurricane Harvey National Interest Exemption for New Contracts
The Hurricane Harvey National Interest Exemption applies only to new supply and service contracts, executed between September 1,2017 through December 31, 2017, that provide goods or services as part of a prime contract specifically for Hurricane Harvey relief. While contractors/subcontractors that are eligible for this exemption do not have to prepare an Affirmative Action Program, they must still meet certain requirements set forth under Executive Order 11246, VEVRAA, Section 503, and FAR. To assist in determining whether a contract is covered by this exemption, the OFCCP has prepared a series of questions and answers providing detailed information and resource materials.
US Department of Labor, OFCCP, Hurricane Harvey National Interest Exemption for New Contracts
The Hurricane Harvey National Interest Exemption applies only to new supply and service contracts, executed between September 1,2017 through December 31, 2017, that provide goods or services as part of a prime contract specifically for Hurricane Harvey relief. While contractors/subcontractors that are eligible for this exemption do not have to prepare an Affirmative Action Program, they must still meet certain requirements set forth under Executive Order 11246, VEVRAA, Section 503, and FAR. To assist in determining whether a contract is covered by this exemption, the OFCCP has prepared a series of questions and answers providing detailed information and resource materials.
8/29/2017
2017 EEO1 Report Compensation Data Collection Put on Hold
As of today, the requirement to report compensation data when filing the 2017 EEO-1 reports has been put on hold. However, employers are still required to file the “old version” of the form by March 31, 2018 to remain in compliance. To access the announcement issued by the EEOC’s acting Chair Victoria A. Lipnic go to: https://www.eeoc.gov/eeoc/newsroom/wysk/eeo1-pay-data.cfm
2017 EEO1 Report Compensation Data Collection Put on Hold
As of today, the requirement to report compensation data when filing the 2017 EEO-1 reports has been put on hold. However, employers are still required to file the “old version” of the form by March 31, 2018 to remain in compliance. To access the announcement issued by the EEOC’s acting Chair Victoria A. Lipnic go to: https://www.eeoc.gov/eeoc/newsroom/wysk/eeo1-pay-data.cfm
8/1/2017
2017 Filing of VET4212 & EEO-1 Reports Update
As of today, the VET portal for filing the 2017 VET4212 reports has opened. The deadline for filing these reports is September 30th. Further filing information can be obtained by going to: vets4212.dol.gov/vets4212 As to the filing of the 2017 EEO-1 Reports, due to the revisions to the EEO-1 reports which require the inclusion of compensation data, the deadline for filing of the 2017 reports is March 31, 2018. You may have heard that lawmakers recently adopted a provision which effectively cuts funding as to the implementation of this new reporting requirement. At this point in time, what if any impact this will have remains to be seen. For now, we suggest that you continue to operate as if nothing has changed. Further information in regards to the EEO-1 reports, can be obtained by going to: www.eeoc.gov/employers/eeo1survey/2017survey.cfm.
As always if you require our assistance Contact Us
2017 Filing of VET4212 & EEO-1 Reports Update
As of today, the VET portal for filing the 2017 VET4212 reports has opened. The deadline for filing these reports is September 30th. Further filing information can be obtained by going to: vets4212.dol.gov/vets4212 As to the filing of the 2017 EEO-1 Reports, due to the revisions to the EEO-1 reports which require the inclusion of compensation data, the deadline for filing of the 2017 reports is March 31, 2018. You may have heard that lawmakers recently adopted a provision which effectively cuts funding as to the implementation of this new reporting requirement. At this point in time, what if any impact this will have remains to be seen. For now, we suggest that you continue to operate as if nothing has changed. Further information in regards to the EEO-1 reports, can be obtained by going to: www.eeoc.gov/employers/eeo1survey/2017survey.cfm.
As always if you require our assistance Contact Us
7/26/2017
U.S. Department of Labor Publishes Request for Information (RFI) as to the May 2016 Overtime Rule – White Collar Exemptions Under the Obama Administration
In an effort to revise the www.dol.gov/whd/overtime/final2016/established under the Obama Administration, public comments are being sought by the Wage and Hour Division. The deadline for submitting comments ends on September 25, 2017. To access the RFI and submit comments go to: www.federalregister.gov/documents/2017/07/26/2017-15666/request-for-information
U.S. Department of Labor Publishes Request for Information (RFI) as to the May 2016 Overtime Rule – White Collar Exemptions Under the Obama Administration
In an effort to revise the www.dol.gov/whd/overtime/final2016/established under the Obama Administration, public comments are being sought by the Wage and Hour Division. The deadline for submitting comments ends on September 25, 2017. To access the RFI and submit comments go to: www.federalregister.gov/documents/2017/07/26/2017-15666/request-for-information
3/31/2017
OFCCP Updates National Annual Benchmark for VEVRAA
Effective 3/31/17, the Annual VEVRAA Benchmark was lowered from 6.9% to 6.7%. We refer you to our Communiqué dated 4/21/15 for more detailed information concerning the Annual Benchmark. Annual Benchmark updates are published on the Department of Labor website: www.dol.gov/ofccp/regs/compliance/AnnualVEVRAABenchmarkEffectiveDates.htm.
OFCCP Updates National Annual Benchmark for VEVRAA
Effective 3/31/17, the Annual VEVRAA Benchmark was lowered from 6.9% to 6.7%. We refer you to our Communiqué dated 4/21/15 for more detailed information concerning the Annual Benchmark. Annual Benchmark updates are published on the Department of Labor website: www.dol.gov/ofccp/regs/compliance/AnnualVEVRAABenchmarkEffectiveDates.htm.
1/31/2017
OMB Issues Revised Disability Form
Effective immediately contractors/subcontractors are required to utilize the revised Disability Self-Identification form issued by the OMB. The only change that has been made to the form is the expiration date, which is now January 31, 2020. This form is available for download in a multitude of languages by going to: Disability Form
Contractors / Subcontractors are reminded that there are specific requirements/rules governing the use of this Self-Identification form, which can be found at:
www.dol.gov/ofccp/regs/compliance/faqs/503_faq.htm
OMB Issues Revised Disability Form
Effective immediately contractors/subcontractors are required to utilize the revised Disability Self-Identification form issued by the OMB. The only change that has been made to the form is the expiration date, which is now January 31, 2020. This form is available for download in a multitude of languages by going to: Disability Form
Contractors / Subcontractors are reminded that there are specific requirements/rules governing the use of this Self-Identification form, which can be found at:
www.dol.gov/ofccp/regs/compliance/faqs/503_faq.htm
9/29/2016
EEOC Approves Revisions to Employer Information Report a/k/a EEO-1 to Include Compensation Data
On 2/1/16 we had reported proposed changes by the EEOC beginning with the filing of the 2017 EEO-1 reports. Today, these proposed changes have become a reality. While the filing deadline for the 2017 EEO-1 reports is March 31, 2018, there is much to do to ensure compliance with the new requirements.
Further detailed information can be found by going to: https://www.dol.gov/whd/overtime/final2016/.
EEOC Approves Revisions to Employer Information Report a/k/a EEO-1 to Include Compensation Data
On 2/1/16 we had reported proposed changes by the EEOC beginning with the filing of the 2017 EEO-1 reports. Today, these proposed changes have become a reality. While the filing deadline for the 2017 EEO-1 reports is March 31, 2018, there is much to do to ensure compliance with the new requirements.
Further detailed information can be found by going to: https://www.dol.gov/whd/overtime/final2016/.
6/14/2016
Office of Federal Contract Compliance Programs (OFCCP) Issues Final Rule Updating Sex Discrimination Guidelines
Today the OFCCP issued a Final Rule finally updating sexual discrimination guidelines that have existed since the 1970s. To learn more about the Final Rule,
go to: https://www.dol.gov/ofccp/sexdiscrimination.html
Office of Federal Contract Compliance Programs (OFCCP) Issues Final Rule Updating Sex Discrimination Guidelines
Today the OFCCP issued a Final Rule finally updating sexual discrimination guidelines that have existed since the 1970s. To learn more about the Final Rule,
go to: https://www.dol.gov/ofccp/sexdiscrimination.html
5/18/2016
U.S. Department of Labor Issues Final Overtime Rule – White Collar Exemptions
Today the final rules and regulations defining and delimiting the exemptions for White Collar Employees have been released. The Final Rule takes effect December 1, 2016. The Final Rule updates overtime protections, increases the standard salary level for full-time salaried workers, and sets total annual compensation requirement for highly compensated employees (HCE). For further detailed information, go to: https://www.dol.gov/whd/overtime/final2016/.
U.S. Department of Labor Issues Final Overtime Rule – White Collar Exemptions
Today the final rules and regulations defining and delimiting the exemptions for White Collar Employees have been released. The Final Rule takes effect December 1, 2016. The Final Rule updates overtime protections, increases the standard salary level for full-time salaried workers, and sets total annual compensation requirement for highly compensated employees (HCE). For further detailed information, go to: https://www.dol.gov/whd/overtime/final2016/.
2/1/2016
EEOC Issues Notice of Proposed Changes to EEO-1 Reports
Beginning with the filing of the September 2017 EEO-1 reports, the EEOC proposes to collect additional compensation data in its continued effort to identify potential pay discrimination and promote equal pay in the workforce.
Employers/federal contractors with 100 or more employees would not only continue to report their employees’ race/ethnicity and sex by EEO-1 categories (1 thru 9), but in addition, would also be required to report W-2 earnings and hours worked as well. In order to collect compensation data, the EEOC has proposed twelve pay bands. For each EEO-1 category, filers would report the number of employees that fall within each pay band.
For a better understanding of the Proposed Changes, and access to the proposed EEO-1 report, we suggest going to EEO-1 Changes: Questions and Answers
If you should attempt to read the actual proposal, and wish to submit comments by April 1, 2016, you can go to: http://www.regulations.gov/#!documentDetail;D=EEOC_FRDOC_0001-0194
For those lucky filers/federal contractors with 50-99 employees the reporting requirements will remain the same. As always we will continue to work with our clients and if you have any questions do not hesitate to Contact Us
EEOC Issues Notice of Proposed Changes to EEO-1 Reports
Beginning with the filing of the September 2017 EEO-1 reports, the EEOC proposes to collect additional compensation data in its continued effort to identify potential pay discrimination and promote equal pay in the workforce.
Employers/federal contractors with 100 or more employees would not only continue to report their employees’ race/ethnicity and sex by EEO-1 categories (1 thru 9), but in addition, would also be required to report W-2 earnings and hours worked as well. In order to collect compensation data, the EEOC has proposed twelve pay bands. For each EEO-1 category, filers would report the number of employees that fall within each pay band.
For a better understanding of the Proposed Changes, and access to the proposed EEO-1 report, we suggest going to EEO-1 Changes: Questions and Answers
If you should attempt to read the actual proposal, and wish to submit comments by April 1, 2016, you can go to: http://www.regulations.gov/#!documentDetail;D=EEOC_FRDOC_0001-0194
For those lucky filers/federal contractors with 50-99 employees the reporting requirements will remain the same. As always we will continue to work with our clients and if you have any questions do not hesitate to Contact Us
9/18/2015
OFCCP Issues Final Rule Implementing Executive Order 13665 Promoting Pay Transparency
OFCCP has issued its Final Rule prohibiting federal contractors/subcontractors from discharging or discriminating against employees or applicants who “inquire about, discuss, or disclose their own compensation or the compensation of another employee or applicant.” The Final Rule is effective as of January 11, 2016, and also applies to covered contracts entered into or modified (i.e. extensions, revised requirements/specs) on or after January 11, 2016.
The Final Rule defines key terms such as compensation, compensation information, and essential job functions, and provides employers with two defenses to an allegation of discrimination which are the “general” and “essential job functions” defense.
Contractors/subcontractors are also required to: (1) revise the Equal Opportunity (EO) clause in covered federal contracts, subcontracts, federally assisted construction contracts/subcontracts, and purchase orders. Contractors/subcontractors can continue to cite 41 CFR 60-1.4 or can include the clause in its entirety, (2) disseminate the approved Nondiscrimination Provision to employees and job applicants, and (3) add the approved Nondiscrimination Provision to existing employee manuals/handbooks.
The OFCCP has also provided a supplement/insert for contractors/subcontractors to utilize along with the current EEO is the Law poster, which can be accessed by going to: http://www.dol.gov/ofccp/regs/compliance/posters/ofccpost.htm. We advise that you do not wait until the January 11th deadline, but post this as soon as possible as the OFCCP has made it available now.
Contractors/subcontractors can access/download the Final Rule, the approved Nondiscrimination Provision, and relevant documentation, as well as availing themselves to OFCCP Training Webinars by going to: www.dol.gov/ofccp/PayTransparency.html. As always if you require our assistance Contact Us
OFCCP Issues Final Rule Implementing Executive Order 13665 Promoting Pay Transparency
OFCCP has issued its Final Rule prohibiting federal contractors/subcontractors from discharging or discriminating against employees or applicants who “inquire about, discuss, or disclose their own compensation or the compensation of another employee or applicant.” The Final Rule is effective as of January 11, 2016, and also applies to covered contracts entered into or modified (i.e. extensions, revised requirements/specs) on or after January 11, 2016.
The Final Rule defines key terms such as compensation, compensation information, and essential job functions, and provides employers with two defenses to an allegation of discrimination which are the “general” and “essential job functions” defense.
Contractors/subcontractors are also required to: (1) revise the Equal Opportunity (EO) clause in covered federal contracts, subcontracts, federally assisted construction contracts/subcontracts, and purchase orders. Contractors/subcontractors can continue to cite 41 CFR 60-1.4 or can include the clause in its entirety, (2) disseminate the approved Nondiscrimination Provision to employees and job applicants, and (3) add the approved Nondiscrimination Provision to existing employee manuals/handbooks.
The OFCCP has also provided a supplement/insert for contractors/subcontractors to utilize along with the current EEO is the Law poster, which can be accessed by going to: http://www.dol.gov/ofccp/regs/compliance/posters/ofccpost.htm. We advise that you do not wait until the January 11th deadline, but post this as soon as possible as the OFCCP has made it available now.
Contractors/subcontractors can access/download the Final Rule, the approved Nondiscrimination Provision, and relevant documentation, as well as availing themselves to OFCCP Training Webinars by going to: www.dol.gov/ofccp/PayTransparency.html. As always if you require our assistance Contact Us
8/4/2015
2015 EEO-1 & VET 4212 Filing Alert
Once again it’s that time of the year when employers are required to file the EEO-1 survey, and as a government contractor/subcontractor, the VET 4212 report as well.
However, as of today the website to file the EEO-1 reports EEO1 Survey remains closed. The message on the EEOC’s website states that it anticipates the site will be operational within the next few weeks. So we advise checking back every few days. While the filing deadline for the EEO-1 survey is September 30th it is anticipated that extensions will be granted by the EEOC.
As to filing the VET 4212 report http://www.dol.gov/vets/vets4212.htm, while the website is operational, you will need to change your Password once again. In our 1/1/2015 Communiqué we advised of the changes to the reporting requirements starting with the 2015 filing. The filing deadline for the VET 4212 is also September 30th.
As a reminder, if chosen for audit by the OFCCP, contractors/subcontractors are required to submit three years of EEO1 reports and the latest VET report filed for the location under audit. If we do not file these reports for you, we strongly suggest that the company’s Affirmative Action Officer ensure that these reports are being filed, and that copies are readily available should they be needed. As always if you require our assistance Contact Us
2015 EEO-1 & VET 4212 Filing Alert
Once again it’s that time of the year when employers are required to file the EEO-1 survey, and as a government contractor/subcontractor, the VET 4212 report as well.
However, as of today the website to file the EEO-1 reports EEO1 Survey remains closed. The message on the EEOC’s website states that it anticipates the site will be operational within the next few weeks. So we advise checking back every few days. While the filing deadline for the EEO-1 survey is September 30th it is anticipated that extensions will be granted by the EEOC.
As to filing the VET 4212 report http://www.dol.gov/vets/vets4212.htm, while the website is operational, you will need to change your Password once again. In our 1/1/2015 Communiqué we advised of the changes to the reporting requirements starting with the 2015 filing. The filing deadline for the VET 4212 is also September 30th.
As a reminder, if chosen for audit by the OFCCP, contractors/subcontractors are required to submit three years of EEO1 reports and the latest VET report filed for the location under audit. If we do not file these reports for you, we strongly suggest that the company’s Affirmative Action Officer ensure that these reports are being filed, and that copies are readily available should they be needed. As always if you require our assistance Contact Us
8/3/2015
OFCCP Offers Free Poster to Download: Opening Doors of Opportunity for All Workers
Employers can download the poster being offered by the OFCCP by going to the OFCCP website: http://www.dol.gov/ofccp/regs/compliance/AgencyPoster_JRF_QA_508c.pdf. While there is no requirement by the OFCCP to post this, we encourage all employers to do so, as a sign of their good faith effort to employ and promote a diverse workforce, free from discriminatory practices, and one which provides opportunities for all employees.
OFCCP Offers Free Poster to Download: Opening Doors of Opportunity for All Workers
Employers can download the poster being offered by the OFCCP by going to the OFCCP website: http://www.dol.gov/ofccp/regs/compliance/AgencyPoster_JRF_QA_508c.pdf. While there is no requirement by the OFCCP to post this, we encourage all employers to do so, as a sign of their good faith effort to employ and promote a diverse workforce, free from discriminatory practices, and one which provides opportunities for all employees.
4/21/2015
OFCCP Updates National Annual Benchmark for VEVRAA
Effective April 21, 2015, the Annual National Benchmark is 7%, down from the previous benchmark of 7.2%. For Affirmative Action Programs with an effective date of April 21, 2015 or later, and for those contractors/subcontractors who utilize the Annual National Benchmark, the benchmark is now 7%. To access the Benchmark Data go to www.dol-esa.gov/errd/VEVRAA.jsp.
The benchmark was created under the Final Regulations which were published on September 24, 2013, and became effective March 24, 2014. The benchmark was established to assist contractors in measuring the progress of their recruitment and employment of protected veterans over a period of three (3) years. Like the goals for women and minorities which are part of the AAP analysis, the benchmark for protected veterans is not a quota.
The OFCCP continues to assert that failure to meet the benchmark will not result in any penalties. However, the OFCCP continues to closely scrutinize recruitment efforts as to Protected Veterans, and if, during an OFCCP audit, they are not satisfied with the contractor’s/subcontractor’s recruitment efforts, a Conciliation Agreement may be entered into. What this means, is that for a period of time, determined by the OFCCP, the contractor/subcontractor is required to submit detailed reports as to their outreach, recruitment and hiring efforts, and end results.
As always if you require our assistance Contact Us
OFCCP Updates National Annual Benchmark for VEVRAA
Effective April 21, 2015, the Annual National Benchmark is 7%, down from the previous benchmark of 7.2%. For Affirmative Action Programs with an effective date of April 21, 2015 or later, and for those contractors/subcontractors who utilize the Annual National Benchmark, the benchmark is now 7%. To access the Benchmark Data go to www.dol-esa.gov/errd/VEVRAA.jsp.
The benchmark was created under the Final Regulations which were published on September 24, 2013, and became effective March 24, 2014. The benchmark was established to assist contractors in measuring the progress of their recruitment and employment of protected veterans over a period of three (3) years. Like the goals for women and minorities which are part of the AAP analysis, the benchmark for protected veterans is not a quota.
The OFCCP continues to assert that failure to meet the benchmark will not result in any penalties. However, the OFCCP continues to closely scrutinize recruitment efforts as to Protected Veterans, and if, during an OFCCP audit, they are not satisfied with the contractor’s/subcontractor’s recruitment efforts, a Conciliation Agreement may be entered into. What this means, is that for a period of time, determined by the OFCCP, the contractor/subcontractor is required to submit detailed reports as to their outreach, recruitment and hiring efforts, and end results.
As always if you require our assistance Contact Us
2/11/2015
OFCCP Provides LGBT Resources for Federal Contractors
With the implementation of Executive Order 13672 in December of 2014 contractors/subcontractors requested assistance from the OFCCP, and in response, the OFCCP created a directory of organizations offering resources and guidance as to the implementation and creation of a diverse and inclusive workforce for lesbian, gay, bisexual, and transgender (LGBT) employees. To access this directory go to: www.dol.gov/ofccp/LGBT/LGBT_resources.html. The OFCCP has stated that it will be updating this directory over time. As always if you require our assistance Contact Us
OFCCP Provides LGBT Resources for Federal Contractors
With the implementation of Executive Order 13672 in December of 2014 contractors/subcontractors requested assistance from the OFCCP, and in response, the OFCCP created a directory of organizations offering resources and guidance as to the implementation and creation of a diverse and inclusive workforce for lesbian, gay, bisexual, and transgender (LGBT) employees. To access this directory go to: www.dol.gov/ofccp/LGBT/LGBT_resources.html. The OFCCP has stated that it will be updating this directory over time. As always if you require our assistance Contact Us
1/28/2015
OFCCP Proposes new Sex Discrimination Guidelines
On January 28th the OFCCP announced the publication of a Notice of Proposed Rulemaking (NPRM) to revise and replace outdated Sex Discrimination Guidelines which were originally issued in 1970. For more information go to www.dol.gov/opa/media/press/ofccp/OFCCP20142186.htm. The NPRM will be published in the Federal Register on January 30, 2015, and members of the public will have 60 days to comment. We suggest that contractors/subcontractors begin to review policies/procedures as to their obligation to comply with equal opportunity for both women and men in the workplace.
Policies/procedures as to: pregnancy accommodations, workplace accommodations for disabled employees or those with medical conditions or occupational injuries, gender identity discrimination, family care giving, sexual harassment, compensation inequality, pregnancy insurance, and the availability of childcare leave for both men and women, will no doubt be the focus of future OFCCP audits. For those whom already have policies/procedures in place, a quick review may only be necessary.
While it appears at this point in time that the proposed updates/revisions to the Sex Discrimination Guidelines will have no impact upon reporting/analysis requirements, we will continue to follow this closely, and will update our website if any new requirements are implemented. As always if you require our assistance Contact Us
OFCCP Proposes new Sex Discrimination Guidelines
On January 28th the OFCCP announced the publication of a Notice of Proposed Rulemaking (NPRM) to revise and replace outdated Sex Discrimination Guidelines which were originally issued in 1970. For more information go to www.dol.gov/opa/media/press/ofccp/OFCCP20142186.htm. The NPRM will be published in the Federal Register on January 30, 2015, and members of the public will have 60 days to comment. We suggest that contractors/subcontractors begin to review policies/procedures as to their obligation to comply with equal opportunity for both women and men in the workplace.
Policies/procedures as to: pregnancy accommodations, workplace accommodations for disabled employees or those with medical conditions or occupational injuries, gender identity discrimination, family care giving, sexual harassment, compensation inequality, pregnancy insurance, and the availability of childcare leave for both men and women, will no doubt be the focus of future OFCCP audits. For those whom already have policies/procedures in place, a quick review may only be necessary.
While it appears at this point in time that the proposed updates/revisions to the Sex Discrimination Guidelines will have no impact upon reporting/analysis requirements, we will continue to follow this closely, and will update our website if any new requirements are implemented. As always if you require our assistance Contact Us
1/20/2015
OFCCP Posts new updates as to the Self-Identification of Veterans
On September 25, 2014, the VETS announced the implementation of the VETS-4212 Report for 2015. Contractors/subcontractors would no longer be required to file the VETS-100 and/or VETS-100A forms, only one form would be required the VETS-4212. For more on this topic, we refer you to our 9/25/2014 Communiqué.
As the VETS-4212 does not require the reporting of Veterans as to the “specific” category of Veteran, instead only requiring the reporting of the aggregate number of Veterans by job group/category, the question was raised as to whether contractors/subcontractors must continue to ask applicants and employees to identify with a “specific” category of Veteran.
On January 20, 2015, the OFCCP posted two new responses to Frequently Asked Questions (FAQs): go to: www.dol.gov/ofccp/regs/compliance/faqs/VEVRAA_faq.htm scroll down page and look for heading Self-Identification then NEW, #2 & #3) as to the Self-Identification of Veterans.
The OFCCP has now decided that contractors/subcontractors can utilize one Self-Identification Form for both the Pre and Post Offer stages. It is no longer required or necessary to ask applicants and/or employees to identify with a “specific” category of Veteran. However, it is important to note, contractors/subcontractors can continue to request that applicants/employees provide this specific information if they wish. The OFCCP is giving contractors/subcontractors an option.
Whether the company utilizes one form or two, the OFCCP has assured compliance. Please note: this in no way impacts upon Self-Identification as to Individuals with Disabilities. This requirement remains the same. As always if you require our assistance Contact Us
OFCCP Posts new updates as to the Self-Identification of Veterans
On September 25, 2014, the VETS announced the implementation of the VETS-4212 Report for 2015. Contractors/subcontractors would no longer be required to file the VETS-100 and/or VETS-100A forms, only one form would be required the VETS-4212. For more on this topic, we refer you to our 9/25/2014 Communiqué.
As the VETS-4212 does not require the reporting of Veterans as to the “specific” category of Veteran, instead only requiring the reporting of the aggregate number of Veterans by job group/category, the question was raised as to whether contractors/subcontractors must continue to ask applicants and employees to identify with a “specific” category of Veteran.
On January 20, 2015, the OFCCP posted two new responses to Frequently Asked Questions (FAQs): go to: www.dol.gov/ofccp/regs/compliance/faqs/VEVRAA_faq.htm scroll down page and look for heading Self-Identification then NEW, #2 & #3) as to the Self-Identification of Veterans.
The OFCCP has now decided that contractors/subcontractors can utilize one Self-Identification Form for both the Pre and Post Offer stages. It is no longer required or necessary to ask applicants and/or employees to identify with a “specific” category of Veteran. However, it is important to note, contractors/subcontractors can continue to request that applicants/employees provide this specific information if they wish. The OFCCP is giving contractors/subcontractors an option.
Whether the company utilizes one form or two, the OFCCP has assured compliance. Please note: this in no way impacts upon Self-Identification as to Individuals with Disabilities. This requirement remains the same. As always if you require our assistance Contact Us
1/5/2015
Veterans Employment & Training Service (VETS) Issues Batch Filing Definitions for 2015 VETS-4212
In our 9/25/2014 Communiqué, we advised that beginning in 2015, contractors will be required to file only one report, known as the VETS-4212.
For those contractors who electronically submit data files, the data file formats for 2015 have changed. Instructions as to the Electronic Submission of the VETS-4212 Reports for 2015 can be found by going to www.dol.gov/vets/programs/fcp/VETS-4212_upload_inst_requirements.pdf
For Instructions as to the Electronic Submission of Multiple State Consolidated Hiring Locations go to: www.dol.gov/vets/programs/fcp/VETS-4212_msc_hiring_locations_requirements.pdf
We also direct you to: www.dol.gov/vets/vets-100.html, for the latest information as to contractor reporting. We will continue to work with our clients to ensure compliance with the new reporting requirements. As always if you require our assistance Contact Us
Veterans Employment & Training Service (VETS) Issues Batch Filing Definitions for 2015 VETS-4212
In our 9/25/2014 Communiqué, we advised that beginning in 2015, contractors will be required to file only one report, known as the VETS-4212.
For those contractors who electronically submit data files, the data file formats for 2015 have changed. Instructions as to the Electronic Submission of the VETS-4212 Reports for 2015 can be found by going to www.dol.gov/vets/programs/fcp/VETS-4212_upload_inst_requirements.pdf
For Instructions as to the Electronic Submission of Multiple State Consolidated Hiring Locations go to: www.dol.gov/vets/programs/fcp/VETS-4212_msc_hiring_locations_requirements.pdf
We also direct you to: www.dol.gov/vets/vets-100.html, for the latest information as to contractor reporting. We will continue to work with our clients to ensure compliance with the new reporting requirements. As always if you require our assistance Contact Us
12/9/2014
Final Rule Published on December 9, 2014, Implementing Executive Order 13672 Prohibiting Discrimination Based on Sexual Orientation & Gender Identity
The Final Rule implementing Executive Order 13672 prohibiting discrimination based on sexual orientation and gender identity was published by the Office of Federal Contract Compliance (OFCCP) in the Federal Register on December 9, 2014. The Final Rule becomes effective on April 8, 2015.
In July, the President extended workforce protection to lesbians, gays, bisexual and transgender (LGBT) employees. The Final Rule amends Executive Order 11478, Equal Employment Opportunity in the Federal Government, and Executive Order 11246, Equal Employment Opportunity.
As a government contractor/subcontractor Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, prohibits discrimination in employment on the basis of “race, color, religion, sex, national origin, disability or status as a protected veteran.” Now sexual orientation and gender identity have been added by the recent amendment of Executive Order 11246.
The addition of sexual orientation and gender identity will require: (1) Revision/inclusion to/of the Equal Opportunity Clause, in all government contracts/subcontracts and purchase orders in excess of $10,000. This applies to contracts/subcontracts/purchase orders modified or entered into on or after April 8, 2015. For those contractors/subcontractors who already include the EO Clause by reference, no revision is necessary. However, if a contractor/subcontractor includes the text of the EO Clause, they will need to include “sexual orientation and gender identity.” (2) Tag Lines for Job Advertisements: the inclusion of sexual orientation and gender identity in all tag lines for job advertisements on or after April 8, 2015. Contractors/subcontractors can meet this requirement by simply stating that they are an “equal opportunity employer,” which will encompass all protected bases, while those that spell out the protected bases in job advertisements “race, sex, etc, must now add sexual orientation and gender identity to that list. (3) The EEO Is the Law Poster will be revised to include sexual orientation and gender identity. At this point in time, the OFCCP has yet to determine a release date.
Until its release, the OFCCP sanctions the use of the current 2009 poster, which can be found at: http://www.dol.gov/ofccp/regs/compliance/posters/ofccpost.htm
In addition, as stated in 41 CFR §60-1.10, for “those contractors/subcontractors who are unable to acquire a visa of entry for any employee or potential employee to a country in which work is to be performed, and they believe refusal was based on race, color, religion, sex, sexual orientation, gender identity, or national origin, the contractor/subcontractor must immediately notify the Department of State and the Deputy Assistant Secretary of the refusal.”
Further information as to: the Final Rule, Executive Orders, Technical Assistance, Frequently Asked Questions and Fact Sheets, can be found by going to: www.dol.gov/ofccp/LGBT.html. We remind everyone that the OFCCP continuously updates Frequently Asked Questions, and as this revision is relatively new there will no doubt be questions that are raised over time..
As always if you require our assistance Contact Us
Final Rule Published on December 9, 2014, Implementing Executive Order 13672 Prohibiting Discrimination Based on Sexual Orientation & Gender Identity
The Final Rule implementing Executive Order 13672 prohibiting discrimination based on sexual orientation and gender identity was published by the Office of Federal Contract Compliance (OFCCP) in the Federal Register on December 9, 2014. The Final Rule becomes effective on April 8, 2015.
In July, the President extended workforce protection to lesbians, gays, bisexual and transgender (LGBT) employees. The Final Rule amends Executive Order 11478, Equal Employment Opportunity in the Federal Government, and Executive Order 11246, Equal Employment Opportunity.
As a government contractor/subcontractor Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, prohibits discrimination in employment on the basis of “race, color, religion, sex, national origin, disability or status as a protected veteran.” Now sexual orientation and gender identity have been added by the recent amendment of Executive Order 11246.
The addition of sexual orientation and gender identity will require: (1) Revision/inclusion to/of the Equal Opportunity Clause, in all government contracts/subcontracts and purchase orders in excess of $10,000. This applies to contracts/subcontracts/purchase orders modified or entered into on or after April 8, 2015. For those contractors/subcontractors who already include the EO Clause by reference, no revision is necessary. However, if a contractor/subcontractor includes the text of the EO Clause, they will need to include “sexual orientation and gender identity.” (2) Tag Lines for Job Advertisements: the inclusion of sexual orientation and gender identity in all tag lines for job advertisements on or after April 8, 2015. Contractors/subcontractors can meet this requirement by simply stating that they are an “equal opportunity employer,” which will encompass all protected bases, while those that spell out the protected bases in job advertisements “race, sex, etc, must now add sexual orientation and gender identity to that list. (3) The EEO Is the Law Poster will be revised to include sexual orientation and gender identity. At this point in time, the OFCCP has yet to determine a release date.
Until its release, the OFCCP sanctions the use of the current 2009 poster, which can be found at: http://www.dol.gov/ofccp/regs/compliance/posters/ofccpost.htm
In addition, as stated in 41 CFR §60-1.10, for “those contractors/subcontractors who are unable to acquire a visa of entry for any employee or potential employee to a country in which work is to be performed, and they believe refusal was based on race, color, religion, sex, sexual orientation, gender identity, or national origin, the contractor/subcontractor must immediately notify the Department of State and the Deputy Assistant Secretary of the refusal.”
Further information as to: the Final Rule, Executive Orders, Technical Assistance, Frequently Asked Questions and Fact Sheets, can be found by going to: www.dol.gov/ofccp/LGBT.html. We remind everyone that the OFCCP continuously updates Frequently Asked Questions, and as this revision is relatively new there will no doubt be questions that are raised over time..
As always if you require our assistance Contact Us
10/31/2014
U.S. Department of Labor extends Equal Pay Report Comment Period thru Jan. 5, 2015
The U.S. Department of Labor has announced a 60-day extension of the comment period for its proposed rule requiring federal contractors/subcontractors to submit an annual Equal Pay Report on employee compensation to the Office of Federal Contract Compliance Programs (OFCCP). This requirement would apply to companies that file EEO-1 reports, have more than 100 employees, and hold federal contracts or subcontracts worth $50,000 or more for at least 30 days. Through the Equal Pay Report, OFCCP would be able to collect summary employee pay and demographic data.
For further information we refer you to our Communiqué of 8/8/14 NPRM to Collect Summary Pay Data from Federal Contractors Published in Federal Register.
U.S. Department of Labor extends Equal Pay Report Comment Period thru Jan. 5, 2015
The U.S. Department of Labor has announced a 60-day extension of the comment period for its proposed rule requiring federal contractors/subcontractors to submit an annual Equal Pay Report on employee compensation to the Office of Federal Contract Compliance Programs (OFCCP). This requirement would apply to companies that file EEO-1 reports, have more than 100 employees, and hold federal contracts or subcontracts worth $50,000 or more for at least 30 days. Through the Equal Pay Report, OFCCP would be able to collect summary employee pay and demographic data.
For further information we refer you to our Communiqué of 8/8/14 NPRM to Collect Summary Pay Data from Federal Contractors Published in Federal Register.
10/7/2014
Final Rule Raising Minimum Wage for Federal Contract Workers to $10.10 Published in Federal Register
In February of this year, Executive Order 13658 was signed by President Obama, establishing a minimum wage of $10.10 per hour for all workers on Federal construction and service contracts. The Executive Order instructed the Department of Labor (DOL) to issue regulations to implement the new Federal contractor minimum wage. On October 7th the Final Rule implementing the provisions of Executive Order 13658 was published in the Federal Register.
The final rule: (1) provides employers with guidance as to what contracts and which workers are covered, (2) defines key terms such as contracts, concessions, procurement contracts, (3) establishes contractor’s compliance obligations, (4) establishes record-keeping requirements, (5) provides guidance as to identifying required rate of pay for workers, including workers with disabilities, and (6) establishes an enforcement process protecting the rights of workers to receive the new minimum wage.
Executive Order 13658 applies to new contracts and replacements for expiring contracts with the federal government that result from solicitations on or after January 1, 2015, and to contracts that are awarded outside the solicitation process on or after January 1, 2015. This includes all contracts for construction covered by the Davis-Bacon Act; services covered by the McNamara-O’Hara Service Contract Act concessions contracts; and contracts to provide services, on federal property for federal employees or the general public.
The minimum wage will be indexed to inflation in future years and a notice will be published in the Federal Register at least 90 days before any new minimum wage is to take effect.
As always if you require our assistance Contact Us
Final Rule Raising Minimum Wage for Federal Contract Workers to $10.10 Published in Federal Register
In February of this year, Executive Order 13658 was signed by President Obama, establishing a minimum wage of $10.10 per hour for all workers on Federal construction and service contracts. The Executive Order instructed the Department of Labor (DOL) to issue regulations to implement the new Federal contractor minimum wage. On October 7th the Final Rule implementing the provisions of Executive Order 13658 was published in the Federal Register.
The final rule: (1) provides employers with guidance as to what contracts and which workers are covered, (2) defines key terms such as contracts, concessions, procurement contracts, (3) establishes contractor’s compliance obligations, (4) establishes record-keeping requirements, (5) provides guidance as to identifying required rate of pay for workers, including workers with disabilities, and (6) establishes an enforcement process protecting the rights of workers to receive the new minimum wage.
Executive Order 13658 applies to new contracts and replacements for expiring contracts with the federal government that result from solicitations on or after January 1, 2015, and to contracts that are awarded outside the solicitation process on or after January 1, 2015. This includes all contracts for construction covered by the Davis-Bacon Act; services covered by the McNamara-O’Hara Service Contract Act concessions contracts; and contracts to provide services, on federal property for federal employees or the general public.
The minimum wage will be indexed to inflation in future years and a notice will be published in the Federal Register at least 90 days before any new minimum wage is to take effect.
As always if you require our assistance Contact Us
9/30/2014
OFCCP’S Revised Scheduling Letter, Itemized Listing and Compliance Check Letter Approved by OMB
On September 30, 2014, the Office of Management and Budget (OMB) approved the Office of Federal Contract Compliance (OFCCP) Scheduling Letter, Itemized Listing and Compliance Check Letter. As a result, the OFCCP is no longer utilizing previous versions.
Due to the revisions made to the Vietnam Era Veterans’ Readjustment Act (VEVRAA) and Section 503 of the Rehabilitation Act in 2013, changes to the documents were anticipated. For those contractors familiar with the previous Scheduling Letter and Itemized Listing, the most notable change is the additional number of items being requested. Previously, the Itemized Listing consisted of 11 items which were to be prepared/submitted to the OFCCP. These items included the contractor’s most recent Affirmative Action Program (AAP), three years of EEO-1 Reports for the location under review, Collective Bargaining Agreements (if applicable), data on employment activity, and Compensation data.
The Revised Itemized Listing now consists of 22 items. In addition to the “standard” 11 items requested previously, contractors must now submit documentation as to outreach and recruitment efforts, as well as to the effectiveness of these efforts, in regards to protected veterans and individuals with disabilities. In addition, the OFCCP is requesting copies of reasonable accommodation policies, accommodation requests, and results of assessments performed by contractors as to personnel processes and physical and mental qualifications. The request for Compensation data has been revised, and is to include the gender, race/ethnicity, hire date, job title, EEO-1 category, and job group for each employee. However, as is stated in the Itemized Listing the term “race/ethnicity” refers to the five specific race/ethnicity categories which existed prior to the addition of “Two or more races” and the separation of “Asian or Pacific Islander” into two separate categories in 2005 by the Equal Employment Opportunity Commission (EEOC). Since 2005, contractors have been utilizing the seven race/ethnicity categories not only to prepare their EEO-1 reports, but for AAP analysis purposes as well. This will no doubt require further clarification by the OFCCP.
While the Compliance Check Letter requests the submission of fewer documents, both letters require contractors to submit the requested data/information to the OFCCP within 30 days of receipt of the letter.
The Scheduling Letter, Itemized Listing and Compliance Check Letter can be viewed by going to: Scheduling Letter, Itemized Listing and Compliance Check Letter and clicking on the applicable file in the column titled “Instrument File.”
As always if you require our assistance Contact Us.
OFCCP’S Revised Scheduling Letter, Itemized Listing and Compliance Check Letter Approved by OMB
On September 30, 2014, the Office of Management and Budget (OMB) approved the Office of Federal Contract Compliance (OFCCP) Scheduling Letter, Itemized Listing and Compliance Check Letter. As a result, the OFCCP is no longer utilizing previous versions.
Due to the revisions made to the Vietnam Era Veterans’ Readjustment Act (VEVRAA) and Section 503 of the Rehabilitation Act in 2013, changes to the documents were anticipated. For those contractors familiar with the previous Scheduling Letter and Itemized Listing, the most notable change is the additional number of items being requested. Previously, the Itemized Listing consisted of 11 items which were to be prepared/submitted to the OFCCP. These items included the contractor’s most recent Affirmative Action Program (AAP), three years of EEO-1 Reports for the location under review, Collective Bargaining Agreements (if applicable), data on employment activity, and Compensation data.
The Revised Itemized Listing now consists of 22 items. In addition to the “standard” 11 items requested previously, contractors must now submit documentation as to outreach and recruitment efforts, as well as to the effectiveness of these efforts, in regards to protected veterans and individuals with disabilities. In addition, the OFCCP is requesting copies of reasonable accommodation policies, accommodation requests, and results of assessments performed by contractors as to personnel processes and physical and mental qualifications. The request for Compensation data has been revised, and is to include the gender, race/ethnicity, hire date, job title, EEO-1 category, and job group for each employee. However, as is stated in the Itemized Listing the term “race/ethnicity” refers to the five specific race/ethnicity categories which existed prior to the addition of “Two or more races” and the separation of “Asian or Pacific Islander” into two separate categories in 2005 by the Equal Employment Opportunity Commission (EEOC). Since 2005, contractors have been utilizing the seven race/ethnicity categories not only to prepare their EEO-1 reports, but for AAP analysis purposes as well. This will no doubt require further clarification by the OFCCP.
While the Compliance Check Letter requests the submission of fewer documents, both letters require contractors to submit the requested data/information to the OFCCP within 30 days of receipt of the letter.
The Scheduling Letter, Itemized Listing and Compliance Check Letter can be viewed by going to: Scheduling Letter, Itemized Listing and Compliance Check Letter and clicking on the applicable file in the column titled “Instrument File.”
As always if you require our assistance Contact Us.
9/25/2014
Veterans Employment & Training Service (VETS) Issue Final Rule Regarding Vets Reporting Requirements for 2015 VETS- 4212
Government contractors/subcontractors (contractors) are familiar with the practice of filing the annual VETS-100 and/or VETS-100A Report. However beginning with the 2015 filing, contractors/subcontractors will be required to file only one report, known as the VETS-4212.
On 9/25/14, the VETS issued a final rule https://federalregister.gov/a/2014-22818 rescinding the VETS-100 Report, and renaming the VETS-100A report, which will now be known as the VETS- 4212.
Unlike the VETS-100A Report which requires contractors/subcontractors report the current number of employees and new hires for the reporting period by Job Category, which is then further broken down by the specific category of protected veteran within each Job Category; the VETS-4212 will require the reporting of only the total number of protected veterans for each Job Category, no longer requiring the breakdown as to the specific veteran category.
Contractors are also reminded that a revision to the reporting clause in existing government subcontracts will be necessary upon the modification, renewal, or extension of the contract. Likewise, any new contracts entered into must now contain this reporting clause as well. This can be accomplished by referring to 41 CFR Part 61-300.10.
According to the DOL, the new reporting requirements are said to ease the “paperwork burden” placed upon contractors/subcontractors and assist them in their Affirmative Action efforts to recruit and retain veterans in the workplace. However, be advised this will also assist the DOL/OFCCP in spotting hiring trends, potential deficiencies, and discriminatory practices as well.
We will continue to follow and provide updates to you. As always if you require our assistance Contact Us
Veterans Employment & Training Service (VETS) Issue Final Rule Regarding Vets Reporting Requirements for 2015 VETS- 4212
Government contractors/subcontractors (contractors) are familiar with the practice of filing the annual VETS-100 and/or VETS-100A Report. However beginning with the 2015 filing, contractors/subcontractors will be required to file only one report, known as the VETS-4212.
On 9/25/14, the VETS issued a final rule https://federalregister.gov/a/2014-22818 rescinding the VETS-100 Report, and renaming the VETS-100A report, which will now be known as the VETS- 4212.
Unlike the VETS-100A Report which requires contractors/subcontractors report the current number of employees and new hires for the reporting period by Job Category, which is then further broken down by the specific category of protected veteran within each Job Category; the VETS-4212 will require the reporting of only the total number of protected veterans for each Job Category, no longer requiring the breakdown as to the specific veteran category.
Contractors are also reminded that a revision to the reporting clause in existing government subcontracts will be necessary upon the modification, renewal, or extension of the contract. Likewise, any new contracts entered into must now contain this reporting clause as well. This can be accomplished by referring to 41 CFR Part 61-300.10.
According to the DOL, the new reporting requirements are said to ease the “paperwork burden” placed upon contractors/subcontractors and assist them in their Affirmative Action efforts to recruit and retain veterans in the workplace. However, be advised this will also assist the DOL/OFCCP in spotting hiring trends, potential deficiencies, and discriminatory practices as well.
We will continue to follow and provide updates to you. As always if you require our assistance Contact Us
9/17/2014
Notice of Proposed Rulemaking (NPRM) on Executive Order 13665 Encouraging Pay Transparency and Protection for Workers Published in Federal Register
On April 8th President Obama executed Executive Order 13665, prohibiting federal contractors/subcontractors (contractors) from discharging or discriminating against employees or applicants who inquire about, discuss, or disclose their own compensation, or the compensation of another employee or applicant. This Executive Order amended Section 202 of Executive Order 11246, which is enforced by the Office of Federal Contract Compliance (OFCCP).
On September 17th the OFCCP published the NPRM www.dol.gov/ofccp/PayTransparencyNPRM in the Federal Register seeking to revise the existing regulations by: (1) amending the Equal Opportunity Clause of Executive Order 11246, to include that no employees or applicants who inquire about, discuss, or disclose their compensation, or the compensation of other employees or applicants be discharged or discriminated against. An exception exists however, where an employee or applicant makes the disclosure based on information obtained in the course of performing their essential job function, (2) requiring contractors to incorporate the nondiscrimination provision into existing employee manuals/handbooks, (3) requiring contractors disseminate the nondiscrimination provision to employees/applicants, (4) defining key terms such as compensation, compensation information, and essential job functions, and (5) establishing defenses for contractors as to allegations of violations of the nondiscrimination provision.
Comments on this rule are to be received by December 16, 2014. We will continue to follow the progress of this proposed rule and provide updates. As always if you require our assistance Contact Us.
Notice of Proposed Rulemaking (NPRM) on Executive Order 13665 Encouraging Pay Transparency and Protection for Workers Published in Federal Register
On April 8th President Obama executed Executive Order 13665, prohibiting federal contractors/subcontractors (contractors) from discharging or discriminating against employees or applicants who inquire about, discuss, or disclose their own compensation, or the compensation of another employee or applicant. This Executive Order amended Section 202 of Executive Order 11246, which is enforced by the Office of Federal Contract Compliance (OFCCP).
On September 17th the OFCCP published the NPRM www.dol.gov/ofccp/PayTransparencyNPRM in the Federal Register seeking to revise the existing regulations by: (1) amending the Equal Opportunity Clause of Executive Order 11246, to include that no employees or applicants who inquire about, discuss, or disclose their compensation, or the compensation of other employees or applicants be discharged or discriminated against. An exception exists however, where an employee or applicant makes the disclosure based on information obtained in the course of performing their essential job function, (2) requiring contractors to incorporate the nondiscrimination provision into existing employee manuals/handbooks, (3) requiring contractors disseminate the nondiscrimination provision to employees/applicants, (4) defining key terms such as compensation, compensation information, and essential job functions, and (5) establishing defenses for contractors as to allegations of violations of the nondiscrimination provision.
Comments on this rule are to be received by December 16, 2014. We will continue to follow the progress of this proposed rule and provide updates. As always if you require our assistance Contact Us.
8/8/2014
Notice of Proposed Rule Making (NPRM) to Collect Summary Pay Data from Federal Contractors Published in Federal Register
As reported in our Communiqué of April 8th of this year, President Obama issued a Memorandum instructing the Secretary of Labor to submit a rule requiring federal contractors/subcontractors (contractors) to report employee compensation data that would identify existing pay discrimination practices and policies. On August 8th, the proposed rule to collect summary pay data from contractors was published in the Federal Register.
The Office of Federal Contract Compliance (OFCCP) has proposed that the existing EEO-1 report be revised/expanded to include data they deem relevant, including but not limited to, race, sex, employee compensation, and hours worked. This new “Equal Pay Report” would assist the OFCCP in identifying contractors whose compensation practices and policies warrant further investigation by their office.
The proposed rule also requires Educational Institutions, which file the Department of Education’s Integrated Postsecondary Education Data System (IPEDS) to adhere to the same standards and filing requirements.
In their continued effort to assist contractors, the OFCCP is proposing to annually provide industry based compensation data against which contractors can assess their current compensation practices and policies, and effectively address any existing compensation disparities that may exist.
Comments on this rule are to be received by November 6, 2014. We will continue to follow the progress of this proposed rule and provide updates. As always if you require our assistance Contact Us
Notice of Proposed Rule Making (NPRM) to Collect Summary Pay Data from Federal Contractors Published in Federal Register
As reported in our Communiqué of April 8th of this year, President Obama issued a Memorandum instructing the Secretary of Labor to submit a rule requiring federal contractors/subcontractors (contractors) to report employee compensation data that would identify existing pay discrimination practices and policies. On August 8th, the proposed rule to collect summary pay data from contractors was published in the Federal Register.
The Office of Federal Contract Compliance (OFCCP) has proposed that the existing EEO-1 report be revised/expanded to include data they deem relevant, including but not limited to, race, sex, employee compensation, and hours worked. This new “Equal Pay Report” would assist the OFCCP in identifying contractors whose compensation practices and policies warrant further investigation by their office.
The proposed rule also requires Educational Institutions, which file the Department of Education’s Integrated Postsecondary Education Data System (IPEDS) to adhere to the same standards and filing requirements.
In their continued effort to assist contractors, the OFCCP is proposing to annually provide industry based compensation data against which contractors can assess their current compensation practices and policies, and effectively address any existing compensation disparities that may exist.
Comments on this rule are to be received by November 6, 2014. We will continue to follow the progress of this proposed rule and provide updates. As always if you require our assistance Contact Us
7/28/2014
President Obama Extends Workforce Protection to Lesbian, Gay, Bisexual, and Transgender (LGBT) Employees
On July 21st, President Obama executed an Executive Order prohibiting the Federal Government and federal contractors and subcontractors from discriminating in employment, and requiring affirmative action to ensure equal employment opportunity on the basis of sexual orientation and gender identity.
Executive Order 11246 already prohibits discrimination in employment, and requires affirmative action to ensure equal employment opportunity on the basis of race, color, religion, sex, or national origin. This order will now be amended to include sexual orientation and gender identity.
While many employers already have policies in place affording workplace protection for LGBT employees, prohibiting discrimination based on sexual orientation and gender identity; it is important for employers to begin reviewing policies, procedures, forms, and websites to identify those that will require revision to include sexual orientation and gender identity.
We direct you to the following website for further information as to the Executive Order: http://www.dol.gov/ofccp/LGBT/LGBT.html. As always we will work with our clients to ensure their continued compliance, and if you should require our assistance, Contact Us
President Obama Extends Workforce Protection to Lesbian, Gay, Bisexual, and Transgender (LGBT) Employees
On July 21st, President Obama executed an Executive Order prohibiting the Federal Government and federal contractors and subcontractors from discriminating in employment, and requiring affirmative action to ensure equal employment opportunity on the basis of sexual orientation and gender identity.
Executive Order 11246 already prohibits discrimination in employment, and requires affirmative action to ensure equal employment opportunity on the basis of race, color, religion, sex, or national origin. This order will now be amended to include sexual orientation and gender identity.
While many employers already have policies in place affording workplace protection for LGBT employees, prohibiting discrimination based on sexual orientation and gender identity; it is important for employers to begin reviewing policies, procedures, forms, and websites to identify those that will require revision to include sexual orientation and gender identity.
We direct you to the following website for further information as to the Executive Order: http://www.dol.gov/ofccp/LGBT/LGBT.html. As always we will work with our clients to ensure their continued compliance, and if you should require our assistance, Contact Us
7/21/2014
2014 EEO1 SURVEY FILING ALERT
The filing of the 2014 EEO1 reports commences on July 21, 2014, and is set to close on September 30, 2014.
Employers, who filed their 2013 EEO1 reports, will be receiving an e-mail from E1 TECHASSISTANCE advising that a New Password has been assigned this year. Further, the company’s login id and new password will be contained in the annual Notification Letter, which is being addressed/mailed to: ATTN: Director of Human Resources. So it is important to be on the lookout for this letter. You will be unable to file the 2014 reports without the new password information. Additionally, for those unable to meet the filing deadline of September 30th, the Joint Reporting Committee has advised that it will grant one extension until October 30th. No extensions will be granted beyond that date. As in the past we will be working with our clients to ensure a timely submission.
If you are filing EEO1 reports for the first time, or to file for 2014, go to: http://www.eeoc.gov/employers/eeo1survey for further information. If you require our assistance in filing these reports,, Contact Us
2014 EEO1 SURVEY FILING ALERT
The filing of the 2014 EEO1 reports commences on July 21, 2014, and is set to close on September 30, 2014.
Employers, who filed their 2013 EEO1 reports, will be receiving an e-mail from E1 TECHASSISTANCE advising that a New Password has been assigned this year. Further, the company’s login id and new password will be contained in the annual Notification Letter, which is being addressed/mailed to: ATTN: Director of Human Resources. So it is important to be on the lookout for this letter. You will be unable to file the 2014 reports without the new password information. Additionally, for those unable to meet the filing deadline of September 30th, the Joint Reporting Committee has advised that it will grant one extension until October 30th. No extensions will be granted beyond that date. As in the past we will be working with our clients to ensure a timely submission.
If you are filing EEO1 reports for the first time, or to file for 2014, go to: http://www.eeoc.gov/employers/eeo1survey for further information. If you require our assistance in filing these reports,, Contact Us
7/21/2014
2014 VET100/100A FILING ALERT
Due to routine maintenance of the DOL/Vets reporting website, it is anticipated that filing of the Vet100/100A reports will begin on or about August 1, 2014, and close on September 30, 2014. Once again it appears that new passwords will be required. The reporting forms have not been revised to reflect the recent revisions to the veteran categories. Revisions to these forms will occur sometime in the future. As in the past we will be working with our clients to ensure a timely submission.
If you are filing VET100/100A reports for the first time, or to file for 2014 go to http://www.dol.gov/vets/vets-100.html. If you require our assistance in filing these reports, Contact Us
2014 VET100/100A FILING ALERT
Due to routine maintenance of the DOL/Vets reporting website, it is anticipated that filing of the Vet100/100A reports will begin on or about August 1, 2014, and close on September 30, 2014. Once again it appears that new passwords will be required. The reporting forms have not been revised to reflect the recent revisions to the veteran categories. Revisions to these forms will occur sometime in the future. As in the past we will be working with our clients to ensure a timely submission.
If you are filing VET100/100A reports for the first time, or to file for 2014 go to http://www.dol.gov/vets/vets-100.html. If you require our assistance in filing these reports, Contact Us
4/8/2014
Presidential Memorandum: Advancing Equal Pay through Compensation Data Collection
While there are Federal laws, such as the Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964, and Executive Order 11246 of 1965, to ensure equal pay for equal work, in reality while women make up nearly half of the U.S. workforce, latest U.S. Census data reports that full-time working women continue to earn $ .77 cents to every $ 1.00 earned by men. For women of color, the wage gap is ever wider.
Soon after taking office in 2009, President Obama signed into law the Lilly Ledbetter Fair Pay Act (http://www.whitehouse.gov/video/EVR012909/). In 2010, the President created the National Equal Pay Task Force (http://www.whitehouse.gov/issues/equal-pay). In his continuing effort for Pay Equality in the Workplace, he proclaimed April 8, 2014 as National Equal Pay Day (http://www.whitehouse.gov/the-press-office/2014/04/07/presidential-proclamation-national-equal-pay-day-2014). On the same day, he also issued a Memorandum instructing the Secretary of Labor to submit, within 120 days, a rule requiring Federal contractors and subcontractors to submit data to the Department of Labor, as to employee compensation. The President’s focus is on the creation of a reporting system that will identify compensation discrepancy, yet minimize the impact upon Federal contractors and subcontractors. You can read President Obama’s Memorandum by going to: (http://www.whitehouse.gov/the-press-office/2014/04/08/presidential-memorandum-advancing-pay-equality-through-compensation-data).
You may remember the EO Survey which was introduced in 2000, requiring submission of detailed information as to a company’s Affirmative Action Program, personnel activity by race and sex, and compensation data by race, sex and tenure. In 2006, the OFCCP rescinded the EO Survey after studies found it did not aid in identifying discrimination or non-compliance in the workplace. While the survey may have gone away, the elimination of compensation discrimination continues to be a priority for the Office of Federal Contract Compliance (OFCCP), in addition to other agencies as well.
In 2011, the Department of Labor issued an Advance Notice of Proposed Rulemaking aimed at developing an effective tool for identifying compensation discrimination in the workplace. Comments by the public were sought and considered, a Presidential election was held, all bringing us to April 8th of this year.
What does this mean for Federal contractors and subcontractors? While compensation data that is collected will not only serve to identify pay inequality in the workplace, it can be utilized to identify multi-establishment and industry wide pay inequality that may exist.
We will continue to follow the progress of this memorandum. No doubt that there will be new reporting requirements in the near future. In the meantime, Federal contractors and subcontractors should continue to monitor their compensation policies and practices, and as required under the regulations, analyze compensation data on an annual basis, at minimum. Compensation Analysis is part of the Affirmative Action Programs we prepare at Mark M. Mansell & Associates LLC. If we can be of assistance, let us know... Contact Us
Presidential Memorandum: Advancing Equal Pay through Compensation Data Collection
While there are Federal laws, such as the Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964, and Executive Order 11246 of 1965, to ensure equal pay for equal work, in reality while women make up nearly half of the U.S. workforce, latest U.S. Census data reports that full-time working women continue to earn $ .77 cents to every $ 1.00 earned by men. For women of color, the wage gap is ever wider.
Soon after taking office in 2009, President Obama signed into law the Lilly Ledbetter Fair Pay Act (http://www.whitehouse.gov/video/EVR012909/). In 2010, the President created the National Equal Pay Task Force (http://www.whitehouse.gov/issues/equal-pay). In his continuing effort for Pay Equality in the Workplace, he proclaimed April 8, 2014 as National Equal Pay Day (http://www.whitehouse.gov/the-press-office/2014/04/07/presidential-proclamation-national-equal-pay-day-2014). On the same day, he also issued a Memorandum instructing the Secretary of Labor to submit, within 120 days, a rule requiring Federal contractors and subcontractors to submit data to the Department of Labor, as to employee compensation. The President’s focus is on the creation of a reporting system that will identify compensation discrepancy, yet minimize the impact upon Federal contractors and subcontractors. You can read President Obama’s Memorandum by going to: (http://www.whitehouse.gov/the-press-office/2014/04/08/presidential-memorandum-advancing-pay-equality-through-compensation-data).
You may remember the EO Survey which was introduced in 2000, requiring submission of detailed information as to a company’s Affirmative Action Program, personnel activity by race and sex, and compensation data by race, sex and tenure. In 2006, the OFCCP rescinded the EO Survey after studies found it did not aid in identifying discrimination or non-compliance in the workplace. While the survey may have gone away, the elimination of compensation discrimination continues to be a priority for the Office of Federal Contract Compliance (OFCCP), in addition to other agencies as well.
In 2011, the Department of Labor issued an Advance Notice of Proposed Rulemaking aimed at developing an effective tool for identifying compensation discrimination in the workplace. Comments by the public were sought and considered, a Presidential election was held, all bringing us to April 8th of this year.
What does this mean for Federal contractors and subcontractors? While compensation data that is collected will not only serve to identify pay inequality in the workplace, it can be utilized to identify multi-establishment and industry wide pay inequality that may exist.
We will continue to follow the progress of this memorandum. No doubt that there will be new reporting requirements in the near future. In the meantime, Federal contractors and subcontractors should continue to monitor their compensation policies and practices, and as required under the regulations, analyze compensation data on an annual basis, at minimum. Compensation Analysis is part of the Affirmative Action Programs we prepare at Mark M. Mansell & Associates LLC. If we can be of assistance, let us know... Contact Us
3/14/2014
Disability & Veterans Resource Directory Avalable on OFCCP Website
In an effort to assist contractors in their recruitment of Veterans and the Disabled, the OFCCP has created a database identifying national and local organizations and community groups by Region/State. This is a valuable resource, and no doubt will be utilized by the OFCCP auditor during an audit. You can access Directory by going to www.dol-esa.gov/errd/Resources.503VEVRAA.html.
Disability & Veterans Resource Directory Avalable on OFCCP Website
In an effort to assist contractors in their recruitment of Veterans and the Disabled, the OFCCP has created a database identifying national and local organizations and community groups by Region/State. This is a valuable resource, and no doubt will be utilized by the OFCCP auditor during an audit. You can access Directory by going to www.dol-esa.gov/errd/Resources.503VEVRAA.html.
1/29/2014
OFCCP Issues Voluntary Self-Identification Form of Disability
The long awaited Self-id form for the Disabled was released by the OFCCP today. You can access this form by going to: www.dol.gov/ofccp/regs/compliance/section503.htm. Before you begin to utilize this form, you should be aware of the “rules” established by the OFCCP in order to be in compliance. Rules governing the use of this form can be found at www.dol.gov/ofccp/regs/compliance/faqs/503_faq.htm. Additionally, information as to the Self-Identification forms for Veterans can be found by accessing the Final Rule at: www.dol.gov/ofccp/regs/compliance/vevraa.htm.
Contractors are required to begin utilizing these forms by March 24, 2014, in most cases. While contractors with Affirmative Action Programs already in effect as of March 24, 2014 can delay instituting these form, it is not advisable. Due to the data collection requirements and analysis now required by the OFCCP, we strongly urge contractor’s to begin utilizing this form as soon as possible. If you feel that we can be of service to your company, do not hesitate to Contact Us.
OFCCP Issues Voluntary Self-Identification Form of Disability
The long awaited Self-id form for the Disabled was released by the OFCCP today. You can access this form by going to: www.dol.gov/ofccp/regs/compliance/section503.htm. Before you begin to utilize this form, you should be aware of the “rules” established by the OFCCP in order to be in compliance. Rules governing the use of this form can be found at www.dol.gov/ofccp/regs/compliance/faqs/503_faq.htm. Additionally, information as to the Self-Identification forms for Veterans can be found by accessing the Final Rule at: www.dol.gov/ofccp/regs/compliance/vevraa.htm.
Contractors are required to begin utilizing these forms by March 24, 2014, in most cases. While contractors with Affirmative Action Programs already in effect as of March 24, 2014 can delay instituting these form, it is not advisable. Due to the data collection requirements and analysis now required by the OFCCP, we strongly urge contractor’s to begin utilizing this form as soon as possible. If you feel that we can be of service to your company, do not hesitate to Contact Us.
9/24/2013
Final Rules Published on Veterans & the Disabled
On September 24, 2013 the Final Rules were published in the Federal Register, and contractors will now have 180 days to come into compliance with the revisions to the regulations. The good news for some, is that contractors with an Affirmative Action Program (AAP) in existence as of March 24, 2014, will not have to make revisions to their AAP until its renewal date. So if your AAP’s effective date is January, February or March 1st of 2014, you will not have to make the required ‘content’ revisions to your AAP until its renewal date in 2015.
However, regardless of the effective date of a company’s AAP, all must comply with the requirements of the new rules regarding the EEO Clause, reasonable accommodations, recordkeeping, revisions to the self-identification forms, and outreach efforts. We will continue to work with our clients to ensure their compliance with these new regulations.
You can learn more by accessing the following Department of Labor websites: www.dol.gov/ofccp/VEVRAARule and www.dol.gov/ofccp/503Rule.
Final Rules Published on Veterans & the Disabled
On September 24, 2013 the Final Rules were published in the Federal Register, and contractors will now have 180 days to come into compliance with the revisions to the regulations. The good news for some, is that contractors with an Affirmative Action Program (AAP) in existence as of March 24, 2014, will not have to make revisions to their AAP until its renewal date. So if your AAP’s effective date is January, February or March 1st of 2014, you will not have to make the required ‘content’ revisions to your AAP until its renewal date in 2015.
However, regardless of the effective date of a company’s AAP, all must comply with the requirements of the new rules regarding the EEO Clause, reasonable accommodations, recordkeeping, revisions to the self-identification forms, and outreach efforts. We will continue to work with our clients to ensure their compliance with these new regulations.
You can learn more by accessing the following Department of Labor websites: www.dol.gov/ofccp/VEVRAARule and www.dol.gov/ofccp/503Rule.
9/23/2013
2013 VETS 100/100A Reports Update
The deadline for filing Vet100/100A reports has been extended to October 31, 2013. Further details can be found by visiting the Department of Labor Veterans' Employment & Training Service website, VETS-100 and VETS-100A.
2013 VETS 100/100A Reports Update
The deadline for filing Vet100/100A reports has been extended to October 31, 2013. Further details can be found by visiting the Department of Labor Veterans' Employment & Training Service website, VETS-100 and VETS-100A.
9/12/2013
Deadline for EEO-1 & Vet Reports Approaching
Reminder: The deadline for filing the 2013 EEO-1 Reports and Vets Reports is September 30th. While extensions may be requested, they are not always granted. Further information can be found at www.eeoc.gov/employers/eeo1survey/index.cfm and www.dol.gov/vets/vets-100.html.
Deadline for EEO-1 & Vet Reports Approaching
Reminder: The deadline for filing the 2013 EEO-1 Reports and Vets Reports is September 30th. While extensions may be requested, they are not always granted. Further information can be found at www.eeoc.gov/employers/eeo1survey/index.cfm and www.dol.gov/vets/vets-100.html.
8/27/2013
Department of Labor Office of Federal Contract Compliance (OFCCP) announces Final Rules on Veterans & the Disabled
On August 27, 2013 the long anticipated rulings in regards to revisions to VEVRAA and Section 503 of the Rehabilitation Act of 1973 were announced. The Final Rules have not been published as of yet, and once published, contractors will have at a minimum, 180 days to come into compliance.
You can view these announcements and learn more by visiting www.dol.gov/ofccp/VEVRAARule and www.dol.gov/ofccp/503Rule.
As always, once the Final Regulations have been published and evaluated by us, we will advise and work with our clients to ensure their compliance as Federal contractors/subcontractors.
Department of Labor Office of Federal Contract Compliance (OFCCP) announces Final Rules on Veterans & the Disabled
On August 27, 2013 the long anticipated rulings in regards to revisions to VEVRAA and Section 503 of the Rehabilitation Act of 1973 were announced. The Final Rules have not been published as of yet, and once published, contractors will have at a minimum, 180 days to come into compliance.
You can view these announcements and learn more by visiting www.dol.gov/ofccp/VEVRAARule and www.dol.gov/ofccp/503Rule.
As always, once the Final Regulations have been published and evaluated by us, we will advise and work with our clients to ensure their compliance as Federal contractors/subcontractors.
7/5/2013
2013 EEO-1 SURVEY FILING OPEN: LOOK FOR NOTIFICATION AS TO NEW PASSWORD
Be advised, the EEO-1 Joint Reporting Committee will be sending out notification letters containing New Passwords to all reporting companies. We request that our clients forward these passwords to us once they are received as filing for the 2013 reports is Open. Our services include the preparation and submission of these reports in accordance with all regulations / guidelines established by the applicable agency.
If you require our assistance in completing these reports, Contact Us.
For those clients for whom we file these reports, we will continue to contact them as we have done in the past.
2013 EEO-1 SURVEY FILING OPEN: LOOK FOR NOTIFICATION AS TO NEW PASSWORD
Be advised, the EEO-1 Joint Reporting Committee will be sending out notification letters containing New Passwords to all reporting companies. We request that our clients forward these passwords to us once they are received as filing for the 2013 reports is Open. Our services include the preparation and submission of these reports in accordance with all regulations / guidelines established by the applicable agency.
If you require our assistance in completing these reports, Contact Us.
For those clients for whom we file these reports, we will continue to contact them as we have done in the past.
7/5/2013
2013 VETS 100/100A REPORT UPDATE
Due to routine maintenance of the DOL/Vets reporting website, it is anticipated that filing of these reports will begin on or about August 1, 2013. Our services include the preparation and submission of these reports in accordance with all regulations / guidelines established by the applicable agency.
If you require our assistance in completing these reports, Contact Us.
For those clients for whom we file these reports, we will continue to contact them as we have done in the past.
2013 VETS 100/100A REPORT UPDATE
Due to routine maintenance of the DOL/Vets reporting website, it is anticipated that filing of these reports will begin on or about August 1, 2013. Our services include the preparation and submission of these reports in accordance with all regulations / guidelines established by the applicable agency.
If you require our assistance in completing these reports, Contact Us.
For those clients for whom we file these reports, we will continue to contact them as we have done in the past.
5/20/2013
OFCCP Issues Notice: Federal Contractors Must Utilize 2010 Census Data when Developing Affirmative Action Program(s) Effective January 1, 2014
Prior to this, contractors/subcontractors were required to utilize Census Data from 2000 when preparing their Affirmative Action Programs (AAPs). As one would expect, over time the country’s demographics changed, particularly in regards to the representation of women and minorities in the workforce. These changes are reflected in the 2010 Census Data that must be utilized when preparing your AAP(s) effective January 1, 2014.
Here at Mark M. Mansell & Associates, LLC we followed the progress of the Census Bureau closely, and began utilizing the 2010 Census data with the preparation of the February 1, 2013 AAPs for our clients; providing them with a distinct advantage as to the impact the 2010 Census Data will have upon their policies, practices and employment decisions prior to the 2014 mandate. If we can assist you in the preparation of your AAP(s) Contact Us.
To review US Department of Labor OFCCP Notice, Click Here.
OFCCP Issues Notice: Federal Contractors Must Utilize 2010 Census Data when Developing Affirmative Action Program(s) Effective January 1, 2014
Prior to this, contractors/subcontractors were required to utilize Census Data from 2000 when preparing their Affirmative Action Programs (AAPs). As one would expect, over time the country’s demographics changed, particularly in regards to the representation of women and minorities in the workforce. These changes are reflected in the 2010 Census Data that must be utilized when preparing your AAP(s) effective January 1, 2014.
Here at Mark M. Mansell & Associates, LLC we followed the progress of the Census Bureau closely, and began utilizing the 2010 Census data with the preparation of the February 1, 2013 AAPs for our clients; providing them with a distinct advantage as to the impact the 2010 Census Data will have upon their policies, practices and employment decisions prior to the 2014 mandate. If we can assist you in the preparation of your AAP(s) Contact Us.
To review US Department of Labor OFCCP Notice, Click Here.
2/1/2013
2010 Census Data & AAP Preparation
As of February 1 2013, we will begin utilizing the 2010 Census Data in preparing our Affirmative Action Programs (AAPs). For up to date Affirmative Action Program preparation, Contact Us.
Further information in regards to the 2010 Census Data can be found by accessing www.census.gov.
2010 Census Data & AAP Preparation
As of February 1 2013, we will begin utilizing the 2010 Census Data in preparing our Affirmative Action Programs (AAPs). For up to date Affirmative Action Program preparation, Contact Us.
Further information in regards to the 2010 Census Data can be found by accessing www.census.gov.
6/26/2012
Reminder: 2012 EEO-1 Survey and VETS-100/100A Reports Filing Begins in July
Our services include the preparation and submission of these reports in accordance with all regulations / guidelines established by the applicable agency. If you require our assistance in completing these reports, Contact Us.
For those clients for whom we file these reports, we will continue to contact them as we have done in the past.
Reminder: 2012 EEO-1 Survey and VETS-100/100A Reports Filing Begins in July
Our services include the preparation and submission of these reports in accordance with all regulations / guidelines established by the applicable agency. If you require our assistance in completing these reports, Contact Us.
For those clients for whom we file these reports, we will continue to contact them as we have done in the past.
4/29/2011
OFCCP Publishes Notice of Proposed Rulemaking (NPRM) Regarding Veterans
On April 26, 2011, the OFCCP published a NPRM, seeking to revise the Federal regulations that implement VEVRAA, known as the Vietnam Veterans’ Readjustment Act of 1974 (Section 4212), which “requires covered Federal contractors/subcontractors to take affirmative action in employment on behalf of specified categories of covered veterans.” As stated in the NPRM, the revisions would “increase the contractor’s data collection obligation and require them to establish hiring benchmarks to assist in measuring the effectiveness of its Affirmative Action efforts.” The OFCCP is also proposing changes to a contractor’s responsibilities and actions as to reasonable accommodation, and changes to the self-identification process and the self-id form. The deadline for public comments in regards to this proposed rule is June 27, 2011. We at Mark M. Mansell & Associates, LLC have always stressed, and will continue to stress, the importance/significance of outreach efforts to organizations that support protected veterans. We will continue to follow the progress of this Notice. As always, we will advise our clients of any changes, and work to ensure their compliance as Federal contractors/subcontractors.
OFCCP Publishes Notice of Proposed Rulemaking (NPRM) Regarding Veterans
On April 26, 2011, the OFCCP published a NPRM, seeking to revise the Federal regulations that implement VEVRAA, known as the Vietnam Veterans’ Readjustment Act of 1974 (Section 4212), which “requires covered Federal contractors/subcontractors to take affirmative action in employment on behalf of specified categories of covered veterans.” As stated in the NPRM, the revisions would “increase the contractor’s data collection obligation and require them to establish hiring benchmarks to assist in measuring the effectiveness of its Affirmative Action efforts.” The OFCCP is also proposing changes to a contractor’s responsibilities and actions as to reasonable accommodation, and changes to the self-identification process and the self-id form. The deadline for public comments in regards to this proposed rule is June 27, 2011. We at Mark M. Mansell & Associates, LLC have always stressed, and will continue to stress, the importance/significance of outreach efforts to organizations that support protected veterans. We will continue to follow the progress of this Notice. As always, we will advise our clients of any changes, and work to ensure their compliance as Federal contractors/subcontractors.
1/27/2011
OFCCP Notice of Proposed Rescission Regarding Standards for Systemic Compensation Discrimination & Voluntary Guidelines
On January 3, 2011, the OFCCP published its intentions to rescind two documents addressing compensation discrimination: Interpreting Nondiscrimination Requirements of Executive Order 11246 with Respect to Systemic Compensation Discrimination (Standards), which guided the OFCCP in their investigation, analysis, and identification of compensation discrimination; and Voluntary Guidelines for Self-Evaluation of Compensation Practices for Compliance with Executive Order 11246, which assisted contractors / subcontractors in their pursuit of compliance with Executive Order 11246. Instead, the OFCCP proposes to establish new procedures for investigating compensation discrimination which utilizes established OFCCP policies, directives, and “good judgment.” The OFCCP is accepting public comments in regards to this proposed rule thru March 4, 2011. Federal regulations 41 CFR 60-2.10 (a) (2) and 41 CFR 60-2.17(b) (3) require Federal contractors to “as part of their affirmative action program, monitor and examine their compensation system(s), and perform an in-depth analysis of their total employment process to determine whether and where impediments to equal employment opportunity exist. The contractor must evaluate their compensation system(s) to determine whether there exists gender, race, or ethnicity based disparities.” Mark M. Mansell & Associates, LLC can prepare your organization's Compensation Analysis utilizing various methodologies/options. In addition, all areas of concern are identified. If we can be of service to your organization, please Contact Us.
OFCCP Notice of Proposed Rescission Regarding Standards for Systemic Compensation Discrimination & Voluntary Guidelines
On January 3, 2011, the OFCCP published its intentions to rescind two documents addressing compensation discrimination: Interpreting Nondiscrimination Requirements of Executive Order 11246 with Respect to Systemic Compensation Discrimination (Standards), which guided the OFCCP in their investigation, analysis, and identification of compensation discrimination; and Voluntary Guidelines for Self-Evaluation of Compensation Practices for Compliance with Executive Order 11246, which assisted contractors / subcontractors in their pursuit of compliance with Executive Order 11246. Instead, the OFCCP proposes to establish new procedures for investigating compensation discrimination which utilizes established OFCCP policies, directives, and “good judgment.” The OFCCP is accepting public comments in regards to this proposed rule thru March 4, 2011. Federal regulations 41 CFR 60-2.10 (a) (2) and 41 CFR 60-2.17(b) (3) require Federal contractors to “as part of their affirmative action program, monitor and examine their compensation system(s), and perform an in-depth analysis of their total employment process to determine whether and where impediments to equal employment opportunity exist. The contractor must evaluate their compensation system(s) to determine whether there exists gender, race, or ethnicity based disparities.” Mark M. Mansell & Associates, LLC can prepare your organization's Compensation Analysis utilizing various methodologies/options. In addition, all areas of concern are identified. If we can be of service to your organization, please Contact Us.
11/16/2010
I-9 Procedure Rescinded During On-Site Phase of Compliance Evaluation
Patricia A. Shiu, Director of Office of Federal Contract Compliance, issued Directive Number 291, rescinding the procedure for inspecting I-9 forms during the onsite phase of a compliance evaluation. For those who have experienced an on-site audit, the review of I-9s by the OFCCP was addressed in the formal letter sent to the company. Even though this may no longer be the case, government contractors/subcontracts must continue to maintain I-9s in accordance with all applicable regulations.
I-9 Procedure Rescinded During On-Site Phase of Compliance Evaluation
Patricia A. Shiu, Director of Office of Federal Contract Compliance, issued Directive Number 291, rescinding the procedure for inspecting I-9 forms during the onsite phase of a compliance evaluation. For those who have experienced an on-site audit, the review of I-9s by the OFCCP was addressed in the formal letter sent to the company. Even though this may no longer be the case, government contractors/subcontracts must continue to maintain I-9s in accordance with all applicable regulations.
7/23/2010
OFCCP Issues an Advanced Notice of Proposed Rulemaking (ANPRM) Regarding Individuals with Disabilities
Section 503 of the Rehabilitation Act of 1973 “prohibits discrimination and requires employers with federal contracts or subcontracts that exceed $10,000 to take affirmative action to hire, retain, and promote qualified individuals with disabilities.” The OFCCP is seeking to amend the regulations to require that Federal contractors/subcontractors increase their efforts to employ and advance the disabled, perform substantial analysis of recruitment and placement actions, and revise present recordkeeping requirements. The deadline for public comments in regards to this advance notice is September 21, 2010. We at Mark M. Mansell & Associates, LLC have always stressed, and will continue to stress, the importance/significance of outreach efforts to organizations that support the disabled, including disabled veterans. We will continue to follow the progress of this Notice. As always, we will advise our clients of any changes, and work to ensure their compliance as Federal contractors/subcontractors.
OFCCP Issues an Advanced Notice of Proposed Rulemaking (ANPRM) Regarding Individuals with Disabilities
Section 503 of the Rehabilitation Act of 1973 “prohibits discrimination and requires employers with federal contracts or subcontracts that exceed $10,000 to take affirmative action to hire, retain, and promote qualified individuals with disabilities.” The OFCCP is seeking to amend the regulations to require that Federal contractors/subcontractors increase their efforts to employ and advance the disabled, perform substantial analysis of recruitment and placement actions, and revise present recordkeeping requirements. The deadline for public comments in regards to this advance notice is September 21, 2010. We at Mark M. Mansell & Associates, LLC have always stressed, and will continue to stress, the importance/significance of outreach efforts to organizations that support the disabled, including disabled veterans. We will continue to follow the progress of this Notice. As always, we will advise our clients of any changes, and work to ensure their compliance as Federal contractors/subcontractors.
6/8/2010
Executive Order 13496: Notification of Employee Rights Under Federal Labor Laws Effective June 21, 2010
Federal contractors and subcontractors are to provide notice to their employees of their rights under the National Labor Relations Act. The Office of Labor Management Standards (OLMS) website provides all necessary information in this regard.
Federal contractors and subcontractors are required to (1) post notification of their employee’s rights under the National Labor Relations Act in their workplaces, as well as (2) add a clause to their subcontracts for all contract-related activity. Please note that the contractor and/or subcontractor are not required to post the notice, or include the specific clause until they execute a new federal contract or subcontract which mandates compliance with this order. Therefore, it is important to be aware of any contracts/subcontracts that the company enters into as of June 21st.
By accessing the above OLMS website you can download a copy of the notice (posting) for free. In addition, information as to the specific clause that is to be included can be found at 29 CFR Part 471, Appendix A to Subpart A (see pg 28399 of the Federal Register dated 5-20-10, the Final Rule Implementing Executive Order 13496). Rather than include the entire clause, you can include it by reference. The Office of Federal Contract Compliance Programs (OFCCP) will be enforcing this rule, and failure to comply will result in a Conciliation Agreement.
As always, we are available to discuss any questions that our clients may have in regards to this notification.
Executive Order 13496: Notification of Employee Rights Under Federal Labor Laws Effective June 21, 2010
Federal contractors and subcontractors are to provide notice to their employees of their rights under the National Labor Relations Act. The Office of Labor Management Standards (OLMS) website provides all necessary information in this regard.
Federal contractors and subcontractors are required to (1) post notification of their employee’s rights under the National Labor Relations Act in their workplaces, as well as (2) add a clause to their subcontracts for all contract-related activity. Please note that the contractor and/or subcontractor are not required to post the notice, or include the specific clause until they execute a new federal contract or subcontract which mandates compliance with this order. Therefore, it is important to be aware of any contracts/subcontracts that the company enters into as of June 21st.
By accessing the above OLMS website you can download a copy of the notice (posting) for free. In addition, information as to the specific clause that is to be included can be found at 29 CFR Part 471, Appendix A to Subpart A (see pg 28399 of the Federal Register dated 5-20-10, the Final Rule Implementing Executive Order 13496). Rather than include the entire clause, you can include it by reference. The Office of Federal Contract Compliance Programs (OFCCP) will be enforcing this rule, and failure to comply will result in a Conciliation Agreement.
As always, we are available to discuss any questions that our clients may have in regards to this notification.
