OFCCP’s Busy Friday: A New Ombudsman and Contractor Assistance Portal

The Office of Federal Contract Compliance Programs (OFCCP) announced on Friday, August 9, 2019, the appointment of Marcus Stergio to fill the ombudsman role in the agency’s national office. Stergio has varied experienced in dispute resolution and holds both a master’s degree in conflict resolution from the University of Massachusetts Boston and participated in Harvard Law School’s Program on Negotiation. Stergio’s role with the agency is to facilitate the resolution of disputes raised by contractors and other stakeholders, in conjunction with regional and district OFCCP offices.

And So It Begins Again: OFCCP Has Posted New List of Contractors That May Be Audited

On March 25, 2019, the Office of Federal Contract Compliance Programs (OFCCP) published a list of contractors and subcontractors identified for a potential compliance evaluation in Fiscal Year (FY) 2019 (which will end on September 30, 2019) on its Freedom of Information Act (FOIA) Library. The FY 2019 Corporate Scheduling Announcement Letter (CSAL) List is the first to be posted exclusively online, rather than sent through the United States mail.

OFCCP on a Roll: Issues 3 More Directives Aimed at Compensation Practices, AAPs, and Contractor Recognition

Just two weeks after the Office of Federal Contract Compliance Programs (OFCCP) released two directives under Acting Director Craig Leen, the agency released three more initiatives. On August 24, 2018, OFCCP announced three directives being rolled out as “part of the Department’s efforts to maximize the effectiveness of compliance assistance outreach.”

OFCCP Extends TRICARE Moratorium to 2021

According to a May 18, 2018, press release, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has extended its moratorium on enforcing the affirmative action obligations of TRICARE providers (a health care program of the U.S. Department of Defense that pays for the medical benefits of active duty and retired military personnel and their families).

OFCCP Updates Its Key Personnel; Quietly Announces New Director

According to an update on the website of the Office of Federal Contract Compliance Programs (OFCCP), there has been a shift in some “key personnel.” According to the changes, Ondray T. Harris will be the new OFCCP director. Harris was previously a senior adviser at the U.S. Department of Labor’s (DOL) Employment and Training Administration and from 2007 to 2010 the director of the Department of Justice’s Community Relations Service.

New Federal Contracts Providing Hurricane Relief Get Some Relief From OFCCP Requirements

On August 31, 2017, the U.S. Department of Labor (DOL) announced that the agency will support Hurricane Harvey and Irma relief efforts in a number of ways, including by relaxing federal contractors’ requirements on a temporary basis. As part of the initiative, the Office of Federal Contract Compliance Programs (OFCCP) will be temporarily suspending certain requirements on federal contractors to allow “businesses involved in hurricane relief the ability to prioritize recovery efforts.”

Revised Pay Transparency Provisions Now Available

The Office of Federal Contract Compliance Programs (OFCCP) recently updated the pay transparency provision that employers covered by Executive Order (EO) 11246, “Equal Employment Opportunity,” must post and include in their employee manuals and handbooks. The Pay Transparency Nondiscrimination Provision gives notice to applicants and employees that employers will not discriminate for inquiring about, discussing, or disclosing their pay or, under certain circumstances, the pay of other employees.

5 FAQs on the New Federal Contractor Privacy Training Requirement

Federal government contractors must comply with new privacy training procedures as a result of a final rule issued by the U.S. Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). As of January 19, 2017, federal contractors are required to meet training obligations to address the protection of privacy in accordance with the Privacy Act of 1974 and the handling and safeguarding of personally identifiable information (PII). The new rule added Subpart 24.3 (Privacy Training) to the Federal Acquisition Regulation (FAR) and a new standard contract clause (FAR 52.224-3) implementing the new requirements.

GAO Report Finds Weaknesses in OFCCP Compliance Evaluations

On September 22, 2016, the U.S. Government Accountability Office (GAO) released a report evaluating the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP). The report, entitled “Equal Employment Opportunity: Strengthening Oversight Could Improve Federal Contractor Nondiscrimination Compliance,” largely covers the weaknesses in OFCCP’s compliance evaluations, which, according to the report, have an impact on the effectiveness of its enforcement efforts.

What is The Status of OFCCP Jurisdiction Over Healthcare Providers?

In recent years, the U.S Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) has aggressively argued that healthcare providers that participate in one of three federal healthcare programs—Medicare, TRICARE, and the Federal Employee Health Benefits Program (FEHBP) —are federal subcontractors. With this goal in mind, OFCCP began to notice audits in early 2004 and engaged in protracted litigation with hospitals in Pennsylvania and Florida based on their FEHBP or TRICARE relationships.