Watch out – OFCCP’s interested in your pay data – all of your pay data. OFCCP, particularly in corporate audits, is digging into compensation other than base pay.  Even if there are no flags or other statistical indicators in the data submitted to the agency (either in Item 11 data or 14-factor data in OFCCP “deep dives”), the Agency is inquiry about other components of pay.

As a result, we recommend employers take a proactive look not just at base compensation but bonus, and commissions and those other areas of incentive and discretionary pay where, frankly, managers are given more flexibility and discretion to make pay awards.  If you don’t look at these ahead of time, you’ll surely be looking at them when OFCCP comes knocking.