The Ogletree OFCCP Bulletin: July 2020
Here are the latest developments from the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP).
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Is Your Organization Exempted From OFCCP Jurisdiction Under the VA MISSION Act?
The U.S. Department of Veterans Affairs (VA) Maintaining Internal Systems and Strengthening Integrated Outside Networks (MISSION) Act of 2018’s primary objectives are to provide veterans with greater access to health care in VA facilities and communities, to expand benefits for caregivers, and to improve the VA’s ability to retain and recruit the best medical providers.
OFCCP Announces August 2020 Deadline to Implement New Disability Self-ID Form
On May 8, 2020, the Office of Federal Contract Compliance Programs (OFCCP) announced an August 4, 2020, deadline for federal contractors and subcontractors to implement a new disability self-identification form to use when soliciting disability status from applicants and employees.
OFCCP Issues National Interest Exemption for Coronavirus Response Efforts
In an effort to facilitate response efforts for COVID-19, Director Craig Leen of the Office of Federal Contract Compliance Programs (OFCCP) announced that it is issuing a national interest exemption on March 17, 2020, to new supply and service and construction contracts entered into from March 17, 2020, through June 17, 2020.
OFCCP Posts Long-Awaited Technical Assistance Guide for Educational Institutions
On October 11, 2019, the Office of Federal Contract Compliance Programs (OFCCP) published to its website the long-awaited Educational Institutions Technical Assistance Guide (TAG).
OFCCP Seeks Comments on Proposed Changes to Disability Self-Identification Form
On October 3, 2019, the Office of Federal Contract Compliance Programs (OFCCP) published a notice in the Federal Register proposing changes to the required voluntary self-identification form that all federal contractors and subcontractors use when soliciting disability status from applicants and employees.
Alabama’s New Pay Equity Law Takes Effect September 1, 2019
Alabama became the 49th state to adopt equal pay legislation when Governor Kay Ivey signed the Clarke-Figures Equal Pay Act (CFEPA) on June 11, 2019. The CFEPA, effective September 1, 2019, prohibits an employer from paying an employee less than another employee of a different race or sex for equal work.
Reporting Nonbinary Classifications to the EEOC: Guidance From a New FAQ
On August 15, 2019, the Equal Employment Opportunity Commission (EEOC) added a question and answer to its list of frequently asked questions (FAQs) addressing, among other things, a growing concern for many employers: how to report employees who identify as nonbinary in the EEO-1 Component 2 report.
OFCCP Releases Its New Compliance Assistance Guides
On August 2, 2019, the Office of Federal Contract Compliance Programs announced the release of its new compliance assistance guides.
Alabama Governor Signs Pay Equity Legislation
On June 11, 2019, Governor Kay Ivey signed Alabama House Bill 225, making Alabama the 49th state to adopt equal pay legislation. The act prohibits an employer from paying an employee a lower wage rate than an employee of another race or sex for equal work in the same establishment, where job performance requires “equal skill, effort, education, experience, and responsibility” and occurs “under similar working conditions.”
Will Alabama Governor Sign Pay Equity Legislation?
Federal law already prohibits employers from paying an employee less than employees of another sex for equal work, unless the employer bases the wage difference on statutorily defined factors. Alabama and Mississippi were the only two states without corresponding state-specific laws until Representative Adline Clarke, D-Mobile, introduced Alabama House Bill 225 on March 19, 2019.
OFCCP Lowers VEVRAA Hiring Benchmark for Fifth Consecutive Year
On March 27, 2019, the Office of Federal Contract Compliance Programs (OFCCP) announced the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA) hiring benchmark for 2019.
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 Sheds More Light on Section 503 Focused Reviews
On March 8, 2019, the Office of Federal Contract Compliance Programs (OFCCP) announced that it has published a landing page containing information about Section 503 focused reviews.
OFCCP Announces Section 503 Best Practices and Other Initiatives During Tech Sector Town Halls
The Office of Federal Contract Compliance Programs (OFCCP) recently held two town-hall meetings to discuss compliance issues relevant to federal contractors and subcontractors in the technology sector.
OFCCP Announces Timing of CSAL List Posting
On February 22, 2019, the Office of Federal Contract Compliance Programs (OFCCP) announced that it is on schedule to post its next Corporate Scheduling Announcement List (CSAL) in March 2019.
Section 503–Focused Review Letters Anticipated to Be Issued Soon
In August 2018, the Office of Federal Contract Compliance Programs (OFCCP) issued Directive 2018-04, which notified contractors that it was “in the process of implementing a comprehensive initiative that seeks to ensure compliance with equal employment opportunity and anti-discrimination regulations.”
OFCCP Eases Requirements for Contracts to Provide California Wildfire Relief
On November 20, 2018, the U.S. Department of Labor (DOL) announced plans to assist those affected by the California wildfires. The DOL’s actions include relief efforts by a number of agencies.
OFCCP Publishes List of Contractors That Received CSALs
In an unprecedented move, the Office of Federal Contract Compliance Programs (OFCCP) on September 19, 2018, published a list of contractors that received corporate scheduling announcement letters (CSALs) in 2017 and 2018 to its Freedom of Information Act (FOIA) Library.
Beltway Buzz, September 21, 2018
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
More Transparency and Communication Promises From OFCCP
The Office of Federal Contract Compliance Programs (OFCCP) issued two more directives on September 18, 2018, promising transparency and communication with contractors.
Beltway Buzz, September 14, 2018
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
Check Your Mailbox! OFCCP Just Sent 750 Corporate Scheduling Announcement Letters
On Friday September 7, 2018, the Office of Federal Contract Compliance Programs (OFCCP) mailed 750 corporate scheduling announcement letters (CSALs) to federal contractors and subcontractors.
Addressing a Gap: OFCCP Will Require Verification of Written AAP Compliance
On August 24, 2018, the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) issued three directives, including Directive 2018-07, Affirmative Action Program Verification Initiative, which aims at ensuring covered contractors are annually preparing and implementing written affirmative action programs (AAPs). This directive could have a wide-ranging impact on covered contractors, especially those that encounter challenges in preparing written AAPs annually.
OFCCP Listened: Contractor Recognition Program Directive
In keeping with the theme of recognition that Acting Director Craig Leen shared earlier in August at the 2018 National Industry Liaison Group (NILG) conference, on August 24, 2018, the Office of Federal Contract Compliance Programs (OFCCP) issued Directive 2018-06, “Contractor Recognition Program.”
OFCCP Announces Lower Annual VEVRAA Hiring Benchmark for 2018
On March 30, 2018, the Office of Federal Contract Compliance Programs (OFCCP) announced the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) hiring benchmark for 2018.
Heads Up! Advance Notice Letters and Audits on the Way From OFCCP
On February 1, 2018, the Office of Federal Contract Compliance Programs (OFCCP) mailed 1,000 corporate scheduling announcement letters (CSALs) to federal contractors and subcontractors. CSALs are sent to service and supply contractors to provide them with advance notice that they may be selected for an OFCCP compliance review.
Beltway Buzz, September 1, 2017
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
OMB Decides to Review and Stay EEO-1 Pay Data Collection
On August 29, 2017, Equal Employment Opportunity Commission (EEOC) Acting Chair Victoria A. Lipnic announced that the administrator of the Office of Information and Regulatory Affairs (OIRA) had sent her a memo indicating that the Office of Management and Budget (OMB) “is initiating a review and immediate stay of the effectiveness of the pay data collection aspects of the EEO-1 form that was revised on September 29, 2016.”
OFCCP Reminds Contractors to Display EEO Posters
On July 14, 2017, the Office of Federal Contract Compliance Programs (OFCCP) reminded all contractors and employers covered by the agency’s nondiscrimination and EEO laws of their posting obligations.