We provide continual updates to its clients on OFCCP compliance and regulatory developments. Stay informed with the latest news and summary developments.
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.
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.
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.
The OFCCP issued its Third Revision to the Functional AAP Directive on September 21, 2022. Our short summary of these edits appears is here.
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...
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.
President Biden announced his administration’s regulatory agenda recently, and there are six items that pertain to OFCCP...
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...
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)...
With the government's fiscal year ending, we wanted to provide a short update on OFCCP and EEOC developments. This update addresses five topics.
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.
As forecasted in our January 2021 client alert, President Biden has rescinded Executive Order 13950. Please see Section 10 regarding the rescission.
Biden Administration leads in the fight against discrimination based on sexual orientation and gender identity by issuing Executive Order for federal agencies.
As the Trump Administration OFCCP era comes to a conclusion, we wanted to summarize recent developments in our first Client Update of 2021.
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.
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...
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...
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.
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.
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.
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."
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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