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OFCCP Releases Informational Section 503 Compliance Checklist

As a continuation of its recent education and outreach efforts, OFCCP released a Checklist for Compliance with Section 503 of the Rehabilitation Act of 1973.   The checklist was developed by the U.S Department of Labor’s Office of Disability Employment Policy (ODEP) and covers obligations under Subpart C of the revised Section 503 regulations. The checklist is … Continue Reading

The New Tool in OFCCP’s Compensation Enforcement Toolbox: Compensation Manager Interviews

Compensation – it’s on everyone’s mind and it’s what everyone was talking about at the 33rd Annual ILG National Conference in New York City.  Conference attendees, government officials and practitioners alike were all talking about pay and the tools available to employers and agencies to identify and investigate compensation issues. Our Jackson Lewis colleague Scott M. Pechaitis has put together his thoughts … 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 Releases Voluntary Educational Poster

Today, OFCCP released a new outreach and education poster.    The poster, which the Agency explained was based on feedback received during “stakeholder” listening sessions, is not a mandatory posting but provided by the agency to “increase public awareness of OFCCP and its mission.”  The poster highlights obligations of companies doing business with the federal government, stating … Continue Reading

Protecting Your Proactive Pay Analyses

The Obama Administration has made it clear that closing the persistent gender “wage gap” is one of its top EEO priorities. As such, OFCCP has ramped up its enforcement of equal pay laws, including rewriting its compensation investigation guidelines with Agency Directive 307, revamping its Division of Statistical Analyses, and reinventing the pay data component … Continue Reading

Complimentary JL Webinar Discussing the New “Blacklisting” Executive Order Proposed Guidance and Regulations

As part of our continued efforts to analyze and disseminate information about the recently published proposed guidance implementing Executive Order 13673, JL will be hosting a complimentary webinar Tuesday, June 30, 2015 from 2:00 – 3:00 Eastern, entitled “Understanding the Fair Pay and Safe Workplaces (“Blacklisting”) Executive Order – Ten Steps Contractors Should Take Now.” … 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

Complimentary Webinar: What to do When OFCCP Conciliation Efforts Fail

While we all hope that our OFCCP compliance reviews will end with a Notice of Closure with no violations, many employers are faced with a Notice of Violation citing technical or discrimination-based violations. In these instances, OFCCP will demand the contractor enter into a Conciliation Agreement to remedy the violations. But what happens when negotiations breakdown … Continue Reading

Decision Issued on Obligation to Post Executive Order 13496 Notice of Labor Rights

In an update to our post more than a year ago about the National Association of Manufactures’ legal challenge to the posting requirements under Executive Order 13496, a federal district court in Washington, D.C. has rejected NAM’s constitutional challenge to President Barack Obama’s 2010 Executive Order requiring certain federal contractors to post a “Notification of Employee Rights under Federal Labor Laws.” … Continue Reading

National Equal Pay Day

April 14, 2015 has been identified as National Equal Pay Day – the day which symbolizes how far into the year women must work to earn what men earned in the previous year. President Obama has made fighting pay discrimination a top priority of his Civil Rights Agenda. He has recently taken several executive actions … Continue Reading

OFCCP to Provide Training on LGBT Compliance

In connection with the April 8, 2015 effective date of OFCCP’s implementation of Executive Order 13672, OFCCP announced today training sessions on compliance with the new sexual orientation and gender identity regulations. The Agency will be presenting a webinar on Wednesday March 18, 2015 on the Agency’s implementation of the new sexual orientation and gender identity … Continue Reading

Upcoming Chance to Chat with DOL about Section 503 Regulations and Opportunities

In honor of National Disability Employment Awareness Month, representatives from the U.S. Department of Labor and the Social Security Administration are holding a Twitter Chat to discuss efforts to improve employment opportunities for millions of qualified workers with disabilities.  Details are as follows: ————————————————————————– Save the Date! October 24, 2014 Twitter Chat: You’re invited to join Ticket to Work for … Continue Reading

Are You Ready to Respond to OFCCP’s New Audit Playbook?: A Special Complimentary Affirmative Action Webinar

OFCCP recently mailed out close to 2,500 Courtesy Scheduling Announcement Letters to employers providing advance notice of upcoming audits. Up against the fast-approaching end of the Agency’s fiscal year, OFCCP began initiating actual audits immediately after the CSALs were mailed. While we can certainly expect OFCCP to continue to focus their enforcement efforts on traditional areas of … Continue Reading

It’s hard to be a government contractor, and it’s about to get harder . . .

So come join us at The OFCCP Institute Fall Symposium in Chicago on October 1st & 2nd.   We will do a deep dive into the many new obligations emerging from President Obama’s recent series of executive orders. We also will examine and explain the OFCCP’s latest enforcement trends. As you know (if you’ve been … Continue Reading

OFCCP Director Patricia Shiu Addresses ILG National Conference

Rounding out the festivities in Washington, D.C., OFCCP Director Pat Shiu addressed attendees on the closing morning of the 32nd Annual ILG National conference.  Keeping to the conference theme of “Learning from the Legacy, Focusing on the Future,” Director Shiu’s remarks centered around the “unfinished business of America” to address issues of pay, sexual orientation … Continue Reading

The “Equal Pay Report” – OFCCP’s Proposed Regulations Will Create a New, Annual Reporting Obligation

As we reported earlier today, OFCCP has announced proposed regulations to satisfy President Obama’s mandate that contractors submit detailed pay data.    The NPRM will be officially published in the Federal Register this Friday with a 90 day public comment period after that. As proposed, the data collection tool, called the Equal Pay Report (EPR) in … Continue Reading

Secretary of Labor Thomas Perez Wants to Hear from the Contractor Community

The 32nd Annual ILG National Conference opened this morning with an address from Secretary of Labor Thomas Perez.  This was the first time a sitting Secretary addressed the group, and Secretary Perez hoped it would not be the last.  In his remarks, the Secretary acknowledged the “good work” employers have done in past months to … Continue Reading

32nd Annual Industry Liaison Group National Conference

Hello from the 2014 ILG National Conference in beautiful Washington, D.C.  The theme of this year’s conference is “Celebrate 50 Years of Civil Rights” and the conference opens tomorrow morning with an address from Secretary of Labor Thomas Perez.  Key officials from OFCCP and EEOC as well as leading practitioners are scheduled to present throughout … Continue Reading

CSAL UPDATE: New Details on Wave of OFCCP Advance Audit Notification Letters

Jackson Lewis has learned the following about the latest round of OFCCP Courtesy Scheduling Announcement Letters (CSALs). On July 16, 2014 OFCCP sent out a wave of CSALs giving employers advance notice about impending OFCCP compliance reviews. The latest CSAL wave included:  568 employers 1,507 establishments 23 industries 30 Corporate Management Compliance Evaluations (CMCEs) were … Continue Reading

Court Affirms OFCCP’s Authority in Next Chapter of Bank of America Litigation

In a long-running 4th Amendment case between OFCCP and Bank of America, a U.S. District Court has affirmed earlier rulings that:  (1) Bank of America (BoA) waived its 4th Amendment objection to an OFCCP Desk Audit by providing information in response to a scheduling letter; and (2) OFCCP had probable cause obtained during the Desk … Continue Reading