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Additional Information on OFCCP’s Latest Round of CSALs

Jackson Lewis P.C.·

As we reported last week, OFCCP has released a supplemental list of contractors who have been selected for audit by the Agency. In addition to release information about the supplemental list of CSALs, OFCCP also published a new FAQ addressing requests for extensions and a supplement to its recently

OFCCP’s New Compensation Directive – What Does it Really Mean For Contractors?

Jackson Lewis P.C.·

There’s been a lot of discussion in past days about OFCCP’s new Compensation Directive, which describes the Agency’s approach to investigating pay discrimination. We’ve spent some time digging into the details of the directive. We’ve previously shared our thoughts about the Directive’s commitment to

Something Old, Something New: Contractor Recognition and AAP Verification on the Horizon at OFCCP

Littler·

On August 24, 2018, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued three new directives, 2018-05, 2018-06, and 2018-07. While directive 2018-05 has received most of the attention because it focuses on reviewing a contractor’s compensation practices during a c

OFCCP Reins in Compensation Analysis by Rescinding Directive 307 and Issuing New Guidance

Littler·

On August 24, 2018, the Office of Federal Contract Compliance Programs (OFCCP) rescinded Directive 3071 and its Obama-era procedures for reviewing contractor compensation systems and practices, and replaced it with a new directive under which OFCCP’s approach to compensation analysis is clarified an

OFCCP to Recognize Innovative Contractors and Establish Peer Mentoring Program

Jackson Lewis P.C.·

The third of the three Directives OFCCP issued last Friday, Directive 2018-06 “Contractor Recognition Program” announces a program by which OFCCP will recognize contractors with “high-quality and high-performing compliance programs and initiatives.” Recognition is one of the four themes Acting Direc

New OFCCP Initiative to Ensure Contractors Timely Prepare and Update AAPs

Jackson Lewis P.C.·

As we announced Friday, OFCCP has issued three new Directives in furtherance of its efforts to make the Agency more transparent and efficient. New Directive 2018-07 “Affirmative Action Program Verification Initiative,” is aimed at expanding OFCCP’s enforcement reach and was previewed by Acting Direc

New Compensation Directive Promises Transparency

Jackson Lewis P.C.·

Late last week OFCCP released a new Directive detailing the Agency’s approach to investigating pay discrimination. Directive 2018-05 applies to all OFCCP reviews scheduled on or after August 24, 2018, and to open reviews to the extent “they do not conflict with OFCCP guidance or procedures existing

U.S. DOL Plans to Review Contractor Affirmative Action Certification

FordHarrison·

Executive Summary: On August 3, 2018, the head of the U.S. Department of Labor’s (DOL) contractor enforcement office announced that the DOL intends to identify and audit contractors who fail to certify their affirmative action compliance to the government. The announcement was made by Craig Leen, Ac

OFCCP Orders Staff to Respect Contractors' Religious Freedoms

Littler·

On August 10, 2018, Craig Leen, Acting Director of the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP), issued a new directive, 2018-03, instructing staff to take into account in their affirmative action and equal employment opportunity enforcement activities recent Supr

OFCCP Focused Reviews Coming in FY 2019

Littler·

On August 10, 2018, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a new directive, 2018-04, announcing a plan to implement focused reviews of contractors’ compliance with Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam E

OFCCP Focused Reviews to Begin in Fiscal Year 2019

Jackson Lewis P.C.·

In the Directive released late last week, OFCCP announced its plan to start scheduling focused reviews starting in Fiscal Year 2019. OFCCP’s fiscal year begins October 1.

Annual VETS Reporting Portal Open

Jackson Lewis P.C.·

Even though it feels as thought we are still in the midst of summer, the time is here for annual VETS-4212 reporting. The portal is now open for the 2018 filing season which started on August 1, 2018 and ends on September 30, 2018.

OFCCP Acting Director Promises Clear Guidance and Consistency While Laying out a Program of Carrots and Sticks

Littler·

In his first two speeches after taking over as Acting Director of the Office of Federal Contract Compliance Programs (OFCCP), Craig Leen emphasized a commitment to the rule of law, promised to provide contractors with clear guidance and transparent enforcement processes, offered incentives for volun

OFCCP Extends Enforcement Moratorium for TRICARE Subcontractors to 2021, Includes Veterans Affairs Health Benefits Program Providers

Goldberg Segalla·

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has issued Directive 2018-2, which extends the moratorium on its enforcement of affirmative obligations for subcontractors under TRICARE, the health care program of the United States Department of Defense that prov

U.S. DOL Announces Two-Year TRICARE Moratorium Extension

FordHarrison·

Executive Summary: On May 18, 2018, the U.S. Department of Labor (DOL) issued a press release announcing an Office of Federal Contract Compliance Programs (OFCCP) Directive that extends by two years the enforcement moratorium pertaining to the affirmative obligations of TRICARE providers. TRICARE is

OFCCP Extends Moratorium on TRICARE Enforcement for Two More Years

Littler·

On May 18, 2018, the U.S. Office of Federal Contract Compliance Programs (OFCCP) issued a directive ending uncertainty as to whether efforts to audit TRICARE participants will resume in 2019 and signaling an encouraging willingness to reconsider the agency’s prior positions on this issue. Directive

OFCCP Funding to Remain at Same Level

Jackson Lewis P.C.·

In the new spending bill passed by Congress and approved by President Trump last week, OFCCP will receive essentially the amount of funding as it has in previous years. As signed by the President, the budget has $103,476,000 allocated to OFCCP, which is comparable to the $103,767,000 for FY2018, and

Federal Contractor Paid Sick Leave in Effect

Jackson Lewis P.C.·

As the first quarter of 2018 nears its end, and we are adjusting to an extra hour of daylight (and an hour less sleep this weekend) we wanted to take a moment to remind you about the Paid Sick Leave obligations that went into effect in January 2017 for covered contractors. For a refresher of these o

Are you covered by the Federal Paid Sick Leave Law for Federal Contractors?

Jackson Lewis P.C.·

As paid sick leave laws continue to pass across the nation, as recently seen in Austin, Texas, employers have focused on complying with the various state and local jurisdictions’ paid sick leave requirements . However, employers may forget, or might have to totally missed, that there is a federal pa

Public Advocacy Group Sues OFCCP in Connection with EEO-1 FOIA Requests

Jackson Lewis P.C.·

As we’ve been discussing, now is the time for employers to be filing their annual EEO-1 reports. Coincidentally, and perhaps not un-intentionally, Public Citizen, a non profit advocacy group is also using this time to sue OFCCP around its practices of withholding information involving employers’ EEO