Late last week OFCCP released a new Directive detailing the Agency’s approach to investigating pay discrimination.  Directive 2018-05 applies to all OFCCP reviews scheduled on or after August 24, 2018, and to open reviews to the extent “they do not conflict with OFCCP guidance or procedures existing prior to the effective date.”

Over the coming

Bloomberg Law is reporting OFCCP may soon rescind the controversial Directive 307, which has been in place since early 2013, and sets out the Agency’s current methodology for analyzing pay.  In its place, Bloomberg reports OFCCP will direct compliance officers to review compensation based on pay groupings established by the contractor.  If the directive

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

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

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

Everyone is talking about pay discrimination these days.  Even the Presidential candidates (and their running mates) are focused on the persistent pay gap and their plans for addressing pay in the workplace over the next four years.  Regardless of which party wins the election, it is clear compensation will remain in the spot light.

 It