News + Developments
We provide continual updates to its clients on OFCCP compliance and regulatory developments. Stay informed with the latest news and summary developments.
Client Update: OFCCP Adopts New Scheduling Letter and Itemized Listing for Supply and Service Contractor Compliance Reviews
On Friday, August 24, the Office of Management and Budget (“OMB”) approved a new scheduling letter for Office of Federal Contract Compliance Programs (“OFCCP”) compliance reviews of supply and service federal contractor and subcontractor employers. The new letter and itemized listing will be used for all new supply and service compliance reviews scheduled on or after August 24, 2023.
Client Update: Scheduling Letter, California Pay Data, Contractor Portal, Veteran Hiring, EEO-1, and Pre-Determination Notices
This update addresses six topics: 1) Update on the Status of OFCCP's Revised New Scheduling Letter, 2) California Pay Data Contractor Employee Reporting and May 10, 2023 Reporting Deadline, 3) OFCCP Sets Contractor Portal Certification Deadline of June 29, 2023, 4) OFCCP Publishes Its Updated Veteran Hiring Benchmark, 5) OFCCP Releases EEO-1 Data for Organizations that Did Not Object to Disclosure, and 6) OFCCP Poised to Rescind Pre-Determination Notice Regulations.
Client Update: OFCCP Proposes New Audit Scheduling Letter and Itemized Listing; Contractors Encouraged To Submit Objections to Burden
OFCCP is proposing a new supply and service contractor compliance review scheduling letter (the letter it uses to begin an audit). Contractors have until January 20, 2023 to comment. The proposed letter represents a significant expansion in the amount of data that OFCCP is requesting in the initial desk audit submission. OFCCP's estimated time for contractors to gather the materials and respond to this new scheduling letter is only 39 hours, compared to the current estimate of 28 hours, neither of which is realistic, in our opinion.
Client Update: December 2022
This Client Update addresses five topics: OFCCP's decision to update the disability self-identification form; EEOC's release of a new EEO is the Law Poster; The status of the FOIA requests for employer EEO-1 data from 2016-2020 and employer objections; OFCCP's revised compensation analysis directive and the implications for a privileged pay analysis; and Preparing for the upcoming 2023 California Pay Data reporting cycle.
Client Update: October 2022 - Third Revision to the Functional AAP Directive
The OFCCP issued its Third Revision to the Functional AAP Directive on September 21, 2022. Our short summary of these edits appears is here.
News of Interest: OFCCP Announces Corporate Scheduling Announcement Lists
OFCCP has released the 2022 Corporate Scheduling Announcement List that identifies the organizations OFCCP intends to audit next. Roffman Horvitz will be scheduling complimentary web seminars shortly to assist employers in preparing for these audits...
Client Update: April 2022 - Changed Direction at OFCCP
This client update highlights the changed direction at OFCCP as it alters initiatives, directives, and regulations that the prior OFCCP administration put in place as due process guardrails for employers.
Client Update: Fall 2021 OFCCP Developments
President Biden announced his administration’s regulatory agenda recently, and there are six items that pertain to OFCCP...
News of Interest: Businesses Must Submit Workforce Race, Sex Data to U.S. by May
Companies with more than 100 employees will need to submit data on their employees’ race, sex, ethnicity, and job groups to the U.S. Equal Employment Opportunity Commission starting April 12, the agency announced Tuesday...
Client Update: Safer Federal Workforce Task Force Guidance - COVID-19 Vaccination Mandate
On September 24, 2021, the Safer Federal Workforce Task Force released its Guidance ("Guidance") implementing President Biden's September 9, 2021 COVID-19 Vaccination Executive Order 14042 for federal contractor employers (Executive Order)...
Client Update: Recent OFCCP Developments
With the government's fiscal year ending, we wanted to provide a short update on OFCCP and EEOC developments. This update addresses five topics.
Client Update: Implications of the EEO-1 Filing for Government Contractor Employers.
The Equal Employment Opportunity Commission's EEO-1 filing portal will begin accepting employer submissions next week for the 2019 and 2020 reporting cycles. Employers have until July 19, 2021 to upload their data. The EEOC has opened its Frequently Asked Questions page, and we have a few notes and observations for our government contractor clients about the EEOC's Frequently Asked Questions and Answers.
News Development - Executive Order On Advancing Racial Equity and Support for Underserved Communities Through the Federal Government
As forecasted in our January 2021 client alert, President Biden has rescinded Executive Order 13950. Please see Section 10 regarding the rescission.
News Development - Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation
Biden Administration leads in the fight against discrimination based on sexual orientation and gender identity by issuing Executive Order for federal agencies.
Client Update: Recent OFCCP Developments - 2020 Retrospective
As the Trump Administration OFCCP era comes to a conclusion, we wanted to summarize recent developments in our first Client Update of 2021.
Client Update: Recent OFCCP and EEOC Developments
As United States employers have adjusted to the workplace challenges related to the COVID-19 virus, there have been several important OFCCP and EEOC developments relevant to federal contractors and subcontractors. This Client Update summarizes seven (7) noteworthy developments that have occurred since April 2020.
News Analysis: Contracts for Coronavirus Relief Efforts Receive OFCCP Exemption
The Director of OFCCP, Craig Leen, granted a national interest exemption for three months, from March 17, 2020 to June 17, 2020, to organizations that are entering into contracts with the federal government during this time frame...
News Analysis: EEO-1 Filing Update
The EEO-1 portal at the Equal Employment Opportunity Commission's (EEOC) website is not ready to accept employer submissions. Any news article that reminds employers about a March 31, 2020 filing deadline is inaccurate...
Client Update: Administrative Law Judge Dismisses OFCCP Pay Discrimination Claims Against Analogic
On March 22, 2019, U.S. Department of Labor Administrative Law Judge Coleen A. Geraghty ruled against the OFCCP in an enforcement action it brought against Analogic. The decision provides insight into what factors the OFCCP and contractors must consider when analyzing alleged pay discrimination. The decision represents a curtailment of the OFCCP's ability to claim that a statistical disparity in pay is caused by discrimination, without considering the individual elements and application of a contractor's compensation system.
Client Update: OFCCP Issues New Directives in 2018
The OFCCP has followed through on its commitment to contractors to provide greater transparency around how employers are selected for audits, the audit process itself, compensation analysis methodologies, as well as the promise of a new Ombud Service.
Client Update: Despite Prior Decision Emphasizing Burden, ALJ Orders Google To Produce Extensive Pay Data Fields To OFCCP...
Administrative Law Judge (ALJ) Steven Berlin issued another ruling in the ongoing dispute between the Office of Federal Contract Compliance Programs (OFCCP) and Google regarding the breadth and scope of pay data that OFCCP is seeking as part of its routine compliance review of Google's Mountain View, California headquarters. Despite employers' optimism that the ALJ's earlier decision would lead him to deny the bulk of OFCCP's requests on relevance or burden grounds, this latest decision grants OFCCP a large proportion of what it was seeking.
Client Update: Establishing Paid Sick Leave for Federal Contractors
On September 7, 2015, with his goal of "improved economy and efficiency in Government procurement," President Barack Obama signed a new executive order guaranteeing employees of federal government contractors and subcontractors an annual 7 days of paid sick leave. The executive order seeks to achieve this goal of government efficiency through (1) promoting the health and performance of federal contractor employees and (2) ensuring that Federal contractors' benefits packages remain competitive with "model employers."
Client Update: OFCCP Finalizes Pay Transparency Rule Prohibiting Pay Secrecy Policies
On September 10, 2015, OFCCP announced the release of the Final Rule implementing the Pay Transparency Executive Order (E.O. 13665). The Final Rule prohibits federal contractors and subcontractors from maintaining pay secrecy policies and from discriminating against employees and applicants for communicating regarding compensation. The Final Rule will take effect on January 11, 2016, and will apply to employers entering into new, or modifying existing, federal contracts in excess of $10,000 after the effective date.
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