OFCCP Extends Deadline for EEO-1 Data FOIA Objections

The Office of Federal Contract Compliance Programs (OFCCP) has extended the deadline for federal contractors and first-tier subcontractors to submit objections to a broad Freedom of Information Act (FOIA) request filed by an investigative reporter. The new deadline for filing objections is October 19, 2022.

On August 19, 2022, OFCCP published notice of a FOIA request seeking Type 2 Consolidated EEO-1 Report data filed by federal contractors and first-tier subcontractors for reporting years 2016 through 2020. The original deadline for objections was September 19, 2022. Contractors now have until October 19, 2022, to submit written objections through OFCCP’s Submitter Notice Response Portal, or by mail or email. According to OFCCP, it is extending the deadline “to ensure that Covered Contractors have time to ascertain whether they are covered and submit objections.” OFCCP also announced that it will “take the additional step of emailing contractors that OFCCP believes are covered by this FOIA request, using the email address provided by contractors that have registered in OFCCP’s Contractor Portal and the email addresses provided as a contact for the EEO-1 report.” If OFCCP does not receive an objection by October 19, 2022, information for contractors covered by the FOIA request will be released.

For more information on the FOIA request submitted to OFCCP seeking disclosure of Type 2 Consolidated EEO-1 Report data, including considerations for federal contractors deciding whether to submit objections to the FOIA request, please download our recent podcast by Scott Kelly and Lauren Hicks, “OFCCP Facing Request for EEO-1 Reports—What the Disclosure of Type 2 Consolidated Reports Could Mean for Contractors.”

Ogletree Deakins’ Affirmative Action and OFCCP Compliance Practice Group will continue to monitor developments with respect to the FOIA guidance and will post updates on the firm’s Affirmative Action / OFCCP and Government Contractors blogs as additional information becomes available. Important information for employers is also available via the firm’s webinar programs.

Employees Now Have Greater Rights to Work Overtime in Wisconsin

According to a Wisconsin state law, employers are required to provide a consecutive 24-hour rest period every 7 days for employees in factory and mercantile workplaces. As a result of the budget bill recently signed by Governor Scott Walker, Wisconsin employers will no longer be required to obtain permission from the Department of Workforce Development or to ask, on a case-by-case basis, to be exempt from these rest requirements. Governor Walker signed the $72 billion biennial budget bill, which includes a provision that would allow workers to voluntarily opt out of the one day of rest and work more than seven consecutive days.

School’s Out For Summer, But Not For Administrators: California’s “Yes Means Yes” Legislation Becomes Effective on July 1, 2015

On July 1, 2015, California colleges, universities, and postsecondary schools are required to bolster their compliance with new state laws regarding policies concerning sexual assault, domestic violence, dating violence, and stalking. This new law requires, among other things, that Cal Grant Fund higher education recipients enter into agreements with local law enforcement and report crime statistics.

OFCCP Extends Deadline for EEO-1 Data FOIA Objections

Recommended Reading

Employees Now Have Greater Rights to Work Overtime in Wisconsin

School’s Out For Summer, But Not For Administrators: California’s “Yes Means Yes” Legislation Becomes Effective on July 1, 2015

Senate Confirms Newest NLRB Member: One Step Closer to Republican Control of the Board