Tag Archives: VEVRAA

Is a Merger of OFCCP and EEOC on the Horizon?

In February 2017, we speculated whether the Trump Administration would eliminate the OFCCP as a possible cost-cutting measure.  The discussion has continued since that time, and has, in the past weeks gathered more interest. The latest on the topic of the Office of Federal Contract Compliance Programs’ (OFCCP) fate stems from a recommendation by the Heritage … Continue Reading

Department of Labor to Recognize Employers Who Recruit, Employ Veterans

Coming out of the Honoring Investments in Recruiting and Employing American Military Veterans Act (HIRE Vets Act), signed by President Trump on May 5, the U.S Department of Labor has created the HIRE Vets Medallion Program.  The program will award employers who “recruit, retain, and employ veterans, and who offer charitable services in support of the … Continue Reading

Veteran Hiring Benchmark Reduced – Again

OFCCP has released its revised VEVRAA hiring benchmark for 2017.  The agency has lowered the benchmark to 6.7 percent, down from the previous 6.9 percent mark. As was the case last year, the agency provided guidance for contractors to implement the new benchmark stating: Contractors who adopted the previous year’s national benchmark of 6.9 percent after … Continue Reading

OFCCP – Here to Stay or Not? Signs Indicate OFCCP Will Survive

With the transition to a new presidential administration well under way, everyone is looking for signs to help predict the future.  Given President Trump’s sweeping executive action, including entering an Executive Order requiring the identification of two regulations to be eliminated for every new regulation proposed, the question of whether the make-up of the federal agencies as we … Continue Reading

Will OFCCP bring back Courtesy Scheduling Announcement Letters in 2017?

Happy New Year! As we ring in 2017 and prepare for affirmative action and OFCCP compliance in a Trump administration, many contractors are wondering whether 2017 will bring an OFCCP audit their way. Some may remember in years past around this time OFCCP would send out Courtesy Scheduling Announcement Letters (CSALs) providing advance notification to contractors of … Continue Reading

OFCCP Reduces Veteran Hiring Benchmark

Today, OFCCP announced that, effective March 4, 2016, the annual hiring benchmark for veterans pursuant to VEVRAA regulation is 6.9%.  This is a slight decrease from last year’s 7.0% benchmark. As part of the release OFCCP clarified that “Contractors who adopted the previous year’s national benchmark of 7 percent after March 4, 2016, but prior to this … Continue Reading

Wyoming Governor Signs Veteran Preference Law

Veterans are continuing to receive support in their quest for employment with Wyoming being the latest state to join the ranks of those permitting a preference to be granted based on veteran status, including spouses of disabled or deceased veterans.  The law will go into effect July 1, 2016. Governor Matt Mead’s signing of the new law coincides … Continue Reading

OFCCP Publishes New FAQs on Veterans Infographic

In August 2015, OFCCP released an infographic designed to assist veterans understand whether or not they were covered under the protections of the Vietnam Era Veterans Readjustment Assistance Act (VEVRAA) for affirmative action purposes.  The infographic spawned recent discussions surrounding the implications and interpretations of OFCCP’s definition of a protected veteran. Today, OFCCP published FAQs … Continue Reading

Giving Thanks to Our Nation’s Veterans

Today, as a country, we celebrate our nation’s veterans and recognize all they have done. We give our sincerest appreciation to all those who have sacrificed and given their service for our country. Over the past 18 months, employers who do business with the federal government have been working hard to do their part to … Continue Reading

OFCCP Publishes Self-ID Assistance for Protected Veterans

Adding to its growing list of available educational tools, OFCCP has published a new “InfoGraphic” to assist veterans determine whether they are covered under the Vietnam Era Veteran Readjustment Assistance Act (VEVRAA). Developed in response to requests from the veteran community, the Agency’s new tool does not provide any new information or modify any obligations but instead … Continue Reading

Annual VETS-4212 Reporting Reporting Portal OPEN

It’s that time again to file your required VETS reports.  Under the Vietnam Era Veterans’ Readjustment Act of 1972 (VEVRAA), federal contractors and subcontractors with contracts of $100,000 or more are required to file reports annually with Veterans’ Employment and Training Service (VETS). This year contractors will be filing for the first time the new VETS 4212 form.  … Continue Reading

OFCCP’s Section 503 Regulations Withstand Challenge

The United States Supreme Court has declined to accept Associated Builders & Contractor’s request to review the legality of OFCCP’s recently enacted regulations for individuals with disability.  This rejection signals the end of ABC’s year and a half long challenge of the Agency’s Section 503 regulations. While this may be the final chapter for ABC’s challenge, the Agency and … Continue Reading

Veteran Hiring and Veteran Preferences Gaining Steam

This past March, Labor Secretary Thomas Perez issued a News Release announcing the overall unemployment rate for all veterans has dropped for the fourth consecutive year – this is great news. In an effort to assist in the employment of veterans, covered federal contractors are required to set a protected veteran hiring benchmark as part … Continue Reading

National Veteran Hiring Benchmark Reduced to 7 Percent

Utilizing 2014 Bureau of Labor Statistics (BLS) year-end data, OFCCP has revised the VEVRAA hiring benchmark to 7 percent – down from the current 7.2% mark. Pursuant to the revised veteran regulations, covered contractors and subcontracts must either adopt the national benchmark, or set their own using the proscribed five-factor method, for each establishment. While … Continue Reading

It’s Been Six Months Since OFCCP Issued its Revised Scheduling Letter – What Have We Learned?

Since introducing its new scheduling letter in late 2014, OFCCP has made many important changes to enforcement in audits.  From ramped up enforcement of the Agency’s VEVRAA and Section 503 regulations to new and very different ways to investigate pay systems for discrimination, the Agency has fundamentally changed how it conducts compliance reviews.  And it’s … Continue Reading

Employers Still Need to Collect Protected Veteran Data – Just Not As Much As Before

As a follow up to OFCCP’s recent release of FAQs addressing the protected veteran data collection obligations for contractors, we wanted to take a moment to reiterate employers’ continued obligation to solicit veteran status from applicants post-offer. Under the revised VEVRAA regulations, employers must solicit protected veteran status from candidates both at the pre-offer and post-offer stage. … Continue Reading

NEW OFCCP FAQs: Employers NOT Required to Invite Post-Offer Applicants to Identify Specific “Protected Veteran” Category

As we addressed in late-September 2014, the new VETS-4212 Form to be filed by employers in 2015 will not require reporting of specific categories of “protected veteran.”  The VETS-4212 will require reporting of only the total number of protected veterans. Under the revised Section 4212 regulations, employers have the obligation to invite applicants to self-identify as … Continue Reading

VEVRAA and Section 503 Six Month Update Obligations Under the New Scheduling Letter

In FAQs released yesterday, OFCCP addressed requirements under the new Scheduling Letter for contractors to provide updated data collected pursuant to the revised Veterans and Individuals with Disability regulations if the contractor is more than six months into its current AAP plan year upon receipt of a Scheduling Letter. OFCCP has previously indicated a contractor’s compliance with … Continue Reading

OFCCP Releases Additional FAQs for Compliance with Veterans and Disability Regulations Under the New Scheduling Letter

Adding to the FAQs previously released, OFCCP has released additional guidance addressing audit submission requirements under the new Scheduling Letter for contractors more than six months into their plan year when the Scheduling Letter is received. Items 9 and 13 of the Scheduling Letter require contractors to provide documentation of the computation or comparisons called … Continue Reading

VETS – 100A Reporting: New Reporting Requirements for 2015

As employers are working to file their 2014 Vets-100A Reports, the Veterans’ Employment and Training Service (VETS) is already looking ahead to the future and finalizing the form and filing requirements for 2015. Finalizing rules proposed earlier this year, in 2015, the VETS-100A Report will be re-named the VETS-4212 Report (named after the U.S. Code … Continue Reading

Insights Into OFCCP’s New VEVRAA and Section 503 FAQs

Last week OFCCP released new FAQs providing additional guidance for employers implementing the new veterans and disability of regulations. OFCCP has used the post-effective date release to clarify questions for contractors as they work to implement the regulation’s new obligations. On the issue of the treatment of individuals who identify as a protected veteran at … Continue Reading

OFCCP Posts New Section 503 and VEVRAA Guidance

As it has done periodically since the release of the new regulations, OFCCP has posted six new “frequently-asked questions” (FAQ) regarding the revised VEVRAA and Section 503 Regulations.  Each is highlighted with a “new” tag.  The FAQs are responsive to questions we’ve been hearing – and some asked during the SWARM conference during the Q&A session … Continue Reading
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