As we recently reported, OFCCP is evaluating affirmative action obligations for TRICARE providers and expects to publish rulemaking on this front next year. In connection with this, to allow time for the rulemaking process, as well as to allow time for any potential related legislative action, OFCCP announced it has extended the enforcement moratorium for TRICARE … Continue Reading
Today, the Trump Administration released its Spring 2018 Unified Agenda of Regulatory and Deregulatory Actions, which “reports on the actions administrative agencies plan to issue in the near and long term.” OFCCP has only one item listed on its agenda, entitled “Affirmative Action and Nondiscrimination Obligations of Federal Contractors and Subcontractors: TRICARE and Certain Other Healthcare … Continue Reading
In the words of OFCCP, the contractors spoke and OFCCP listened. OFCCP is also listening to the Government Accountability Office and its detailed review of the Agency. In response to the GAO’s Strengthening Oversight Could Improve Federal Contract Nondiscrimination Compliance report and on the heels of OFCCP’s Compliance Assistance Town Halls, the Agency has developed a … Continue Reading
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 If the directive is rescinded and … Continue Reading
In another show of transparency, OFCCP has released a detail description of its process for selecting contractors for audit. The two-page document walks through, step-by-step, the process OFCCP undertook to identify establishments for the “first release of the FY 2018 Supply and Service scheduling list.” As the release explains, OFCCP is not required to make … Continue Reading
OFCCP has announced the new Veteran Hiring benchmark will be 6.4% effective March 31, 2018. Affirmative Action Plans in effect until the March 31, 2018 date should utilize the prior year’s benchmark of 6.7%. The benchmark has steadily declined since its inception in 2014 and this year is the fourth reduction of the benchmark since it … Continue Reading
If you’ve e-mailed anything to OFCCP in connection with a compliance review in the past 5 years you likely received a message recently letting you know about OFCCP’s upcoming survey. As it did several years ago, OFCCP will be asking a select group of contractors to provide feedback on how the agency is doing and to make … Continue Reading
When the Agency mailed the most recent round of CSALs in February 2018, it reported it would wait until March 19, 2018 to start issuing Scheduling Letters. True to their word, we have learned that Scheduling Letters have started arriving, at least in some areas of the country. As a reminder, OFCCP sends scheduling letters via certified mail to the … Continue Reading
In the new spending bill passed by Congress and approved by President Trump last week, OFCCP will receive essentially the amount of funding as it has in previous years. As signed by the President, the budget has $103,476,000 allocated to OFCCP, which is comparable to the $103,767,000 for FY2018, and significantly up from the $91 in … Continue Reading
by Laura A. Mitchell and Christopher T. Patrick Under the leadership of new OFCCP Director Ondray Harris, the Agency has issued its first policy directive of 2018. Directive 2018-01, effective February 27, addresses an area of concern discussed at length during the Agency’s listening sessions earlier this year: the need for increased transparency. The Directive … Continue Reading
As we’ve been discussing, now is the time for employers to be filing their annual EEO-1 reports. Coincidentally, and perhaps not un-intentionally, Public Citizen, a non profit advocacy group is also using this time to sue OFCCP around its practices of withholding information involving employers’ EEO-1 reports. On February 26, Public Citizen filed suit in Washington … Continue Reading
As we shared previously, the portal is currently open for EEO-1 Reporting. In addition to the change in timing of reporting and other administrative items, the EEOC Joint Reporting Commission has made a change to the way employers must report certain types of employees. Employers with employees who “regularly report” to client sites must now report such employees … Continue Reading
The highly anticipated proposed budget released today by the White House included expected budget cuts for the U.S. Department of Labor. While cutting funds for the DOL, the proposed budget did not resurrect the previously raised possible merger of OFCCP and EEOC. The President’s FY2019 Budget for the Department of Labor starts with the following introduction: … Continue Reading
OFCCP’s website has been updated to reflect that the Agency placed 1,000 Corporate Scheduling Announcement letters in the mail on February 1, 2018. We have seen one of the letters – it is dated January 31, 2018, signed by new OFCCP Director Ondray Harris, and addressed generically to the “Human Resources Director.” OFCCP last issued … Continue Reading
This week, newly appointed OFCCP Director Ondray T. Harris, along with Special Advisor, Craig Leen, and Director of Policy, Debra Carr, held a series of meetings with various stakeholder groups from the federal contractor and civil rights communities. This was the first opportunity for many who regularly work with OFCCP to meet Director Harris and … Continue Reading
The U.S. Department of Labor has quietly identified a new Director of the Office of Federal Contract Compliance Programs. An industry news outlet is reporting DOL has confirmed Ondray T. Harris will be the new head of the agency. A new update to OFCCP’s website lists him as the Director of the Agency. Interim Director Tom Dowd is listed … Continue Reading
As of today, OFCCP remains without a new director. According to Bloomberg News, an industry news outlet, the Department of Labor has confirmed Craig Leen has begun work as a “senior advisor” within OFCCP. No additional information regarding his role was provided. We will provide additional updates and details as we learn them.… Continue Reading
In an unexpected, but much awaited move, it is anticipated Craig Leen will be named as the new head of the Office of Federal Contract Compliance Programs (“OFCCP”). While the Department of Labor has not formally confirmed or commented on this development, Leen’s appointment would come more than a year after Patricia Shiu departed the position in November 2016. Since that … Continue Reading
In budget measures last week both the U.S. Senate and House signaled the proposed merger between OFCCP and EEOC will soon be nothing but a distant memory. This action comes on the heels of a recent letter from OFCCP Acting Director Tom Dowd who also questioned the efficiency of the proposed merger in light of available … Continue Reading
In a recent letter responding to an inquiry regarding the proposed merger between OFCCP and EEOC, Acting OFCCP Director Tom Dowd detailed the regulatory requirements to undertake a merger, which would take effect in 2019. He also suggested interim alternatives exist to achieve the efficiencies intended by the merger, implying the proposed merger is unlikely to occur. Director Dowd’s letter … Continue Reading
Following up on Interim Director Tom Dowd’s recent commitment for more agency transparency and communication, OFCCP has announced three upcoming town hall meetings. In its announcement, OFCCP stated the purpose of the town halls were to obtain contractor views and learn about contractor experiences implementing and managing nondiscrimination and equal employment opportunity requirements to allow OFCCP “”to enhance … Continue Reading
Day two of the 2017 ILG National Conference is in the books. Conference attendees had a variety of sessions to choose from that covered topics across the spectrum. The morning, however, kicked-off with a much anticipated keynote address from Acting EEOC Commissioner Victoria Lipnic. Commission Lipnic spoke at last year’s conference, prior to being appointed Acting … Continue Reading
Hello everyone and welcome to Texas! While activities technically started yesterday with pre-conference sessions and the vendor reception last night, today is the official start of the 2017 ILG National Conference. The conference kicked-off with a live Mariachi Band and festive dancers in brightly colored traditional outfits – a great welcome to San Antonio for all in attendance. … Continue Reading
It’s that time of year again to start preparing for the annual required VETS-4212 filing. Nothing will change for this year (2017) reporting cycle. Starting August 1, 2017, contractors will be able to file their 2017 reports through the reporting portal. Note, anything filed before August 1, 2017 will be recorded as part of the 2016 filing cycle. … Continue Reading
