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Mark M. Mansell & Associates, LLC

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Contact Info

Mark M. Mansell & Associates, LLC
250 Schooley's Mountain Rd
P.O. Box 40
Schooleys Mountain, NJ 07870

Email:

Phone: (908) 813-2421
Fax: Please Call

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Communiqués

5/8/2020
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, Read more...

5/7/2020
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. Read more...

3/13/2020
OFCCP COVID-19 RESPONSE, OPERATIONS TO CONTINUE
Due to the pandemic, the OFCCP has issued a statement in regards to resources, operations, OFCCP reviews…. Read more...

1/13/2020
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. Read more...

1/06/2020
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. Read more...

11/13/2019
EEOC Update EEO-1 Reports & Component 2 Pay Data Collection
Since the reinstatement of the compensation requirement back in May of this year, there has been much discussion as to the additional burden upon employers as well as its value. Read more...

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 3/25/19. Read more...

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. Read more...

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. Read more...

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. Read more...

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. Read more...

7/6/2019
2017 & 2018 EEO-1 Additional Support Information Released as to Reporting of Compensation
As promised, additional support information/materials have been released by the EEOC…Read more...

6/4/2019
2017 & 2018 EEO-1 Update Reporting of Compensation
According to the most recent notification by the EEOC “expect a web-based portal for the collection of 2017 and 2018 Component 2 data to be active by mid-July 2019.” Read more...

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. Read more...

5/9/2019
OFCCP Launches Compliance Check Website
The OCCP has launched its Compliance Check website. Read more...

5/3/2019
Filing of 2017 & 2018 EEO1 Reports Immediate Reinstatement of Compensation Data Requirement
EEOC issues Notice of Compensation data requirement on May 3, 2019. Read more...

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. Read more...

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%. Read more...

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. Read more...

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. Read more...

Communiqués

Communiqués

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.
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.
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.
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
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
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/
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
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
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.
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.
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.
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
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.
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.
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
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.
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
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.
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
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
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
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
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.
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
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
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
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.
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
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
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
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.
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

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