Heads Up! Advance Notice Letters and Audits on the Way From OFCCP
Authors: T. Scott Kelly (Birmingham), Leigh M. Nason (Columbia)
Published Date: February 6, 2018
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.
CSALs are courtesy notices; they are not required by law. A contractor may be scheduled for a compliance review even if it did not receive a CSAL. Further, if a contractor receives a CSAL for one location, it may still be subject to a compliance review at another location.
OFCCP has announced that compliance reviews (audits) from the CSAL list will be mailed starting March 19, 2018. These letters may be addressed to the company’s human resources department or the office of the chief executive; the audit scheduling letters require a response to OFCCP within 30 days of receipt. In a departure from previous practice, OFCCP will not audit any establishment at which a prior OFCCP review closed within the last 5 years and the agency promises to audit no more than 10 establishments per contractor in this current scheduling cycle.
Contractors that receive CSALs want to take particular care to verify their affirmative action programs are up to date and fully compliant with applicable laws and regulations.
We believe that OFCCP will continue to focus in the upcoming audits on hiring and pay practices; consequently, defensible personnel activity and compensation records will likely be critical to closing an OFCCP review in a timely manner with a Notice of Compliance.
Scott Kelly provides practical solutions for federal contractors and subcontractors across the United States to comply with the ever-changing affirmative action obligations imposed by doing business with the federal government. He advocates on behalf of his clients in compliance evaluations and administrative enforcement actions triggered by the United States Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). Mr. Kelly assists manufacturing, transportation,...
Leigh Nason is a shareholder in the Columbia, South Carolina office of Ogletree Deakins and chairs the firm’s Affirmative Action/OFCCP Compliance Practice Group. She devotes the majority of her practice to representing federal contractors and subcontractors in compliance evaluations and administrative enforcement actions triggered by the United States Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). Ms. Nason counsels employers on the preparation,...