As we noted at the beginning of the year, the Agency in late-November 2018 issued a Directive stating it would develop a dynamic and searchable publicly available source of Help Desk questions and answers to assist contractors. 

Directive 2018-08 also announced OFCCP would issue Opinion Letters to provide guidance on specific topics, either in response to Help Desk inquiries or in response to direct requests for Opinion Letters.  

Last week OFCCP quietly issued its first Opinion Letter:  OFCCP’s Jurisdiction Related to Pell Grants.  Spoiler alert:  a college’s receipt of Pell Grant funds does not constitute a “government contracts” and, thus, do not trigger AAP obligations. 

Anyone interested in following OFCCP’s Opinion Letters can find them by clicking the “Topics” tab at top of OFCCP’s website, and then navigating to the “Opinion Letters” link. 

Keep in mind, OFCCP is now seeking input from federal contractors and their attorneys. 

As the Directive states:

Please reach out through the Help Desk portal to submit suggestions for issues that you would like to see addressed in specific Opinion Letters.  You may also email OFCCPOpinionLetters@dol.gov or mail your suggestions to the address below.

We will continue to monitor OFCCP’s site for further letters and let you know what we learn. 

 

Tags: Directive 2018-08, DOL Opinion Letter, OFCCP, Office of Federal Contract Compliace Programs, Pell Grants
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Photo of Laura A. Mitchell Laura A. Mitchell

As co-leader of the firm’s ESG group, Laura Mitchell partners with her clients to evaluate, set, achieve and monitor their organizational culture and human capital goals. She focuses her practice on data analytics, including pay equity and other employee analytics, working side-by-side with…

As co-leader of the firm’s ESG group, Laura Mitchell partners with her clients to evaluate, set, achieve and monitor their organizational culture and human capital goals. She focuses her practice on data analytics, including pay equity and other employee analytics, working side-by-side with employers to build programs that benefit employees and create a stable, high-functioning workplace. Understanding that an inclusive, values-based culture provides a crucial competitive advantage in the modern workplace, Laura enjoys counseling companies on the development of proactive and equitable pay and diversity practices.

In Laura’s version of the reimagined workplace, attention to human capital issues, especially DEI and pay equity, would be the rule rather than the exception nationwide and she works with companies across all industries—both new and well-established multi-national organizations of all sizes—to realize this vision for her clients’ ongoing success. She helps clients understand all issues across the spectrum of their journey, helping to establish regular analyses as well as counseling organizations on implementation and compliance obligations, where applicable. Committed to putting her clients’ organizational goals first and foremost, Laura views herself as an extension of her clients’ team, responsible for providing proactive guidance and engaging in transparent, ongoing communication.

Laura also represents companies in OFCCP matters, preparing for and defending OFCCP audits, and counseling employers on issues stemming from OFCCP regulations. She personally oversees the development of hundreds of Affirmative Action Plans for clients each year and is intimately involved in the defense of OFCCP audits. Her approach to compliance is one of facilitation and conciliation while simultaneously advocating in the best interests of her clients.

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