OFCCP announced it is reinstating a monthly reporting requirement (CC-257 Report) for federal construction contractors, nearly 30 years after discontinuing it. Beginning April 15, 2025, covered construction contractors must submit a report to OFCCP by the 15th of each month, with detailed data on its number of employees and work hours by race/ethnicity and gender.
In its announcement, the Agency explained it will use the monthly report to further its “mission of protecting workers in the construction trades, as employment discrimination continues to be a problem in the construction industry.” OFCCP says the report will allow the Agency to strengthen both enforcement and compliance assistance.
OFCCP proposed reinstating CC-257 in February 2024, and in its Supporting Statement, indicated that the report would allow the Agency to “better identify if there are potential hiring or job assignment issues that warrant further investigation during a compliance evaluation.”
The new reporting requirement will include data on number of employees and trade employees’ hours worked by race and gender within each Standard Metropolitan Statistical Area (SMSA) or Economic Area (EA) each month. For contractors with employees working on multiple projects, either within a SMSA/EA or across several areas, gathering and preparing the relevant data each month may prove challenging. Contractors must also include whether the work performed is designated by OFCCP as a Megaproject. Other requirements include the contractor’s unique entity identifier (UEI) or Data Universal Numbering System (DUNS) number, both of which OFCCP uses to identify entities doing business with the federal government, and a list of the federal agencies funding their projects.
The Agency published Frequently Asked Questions on its CC-257 Report landing page and intends to provide additional compliance assistance, including a webinar, in early 2025.
Please reach out to your Jackson Lewis attorney with any questions or for assistance in preparing for this new reporting requirement.