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The Ogletree OFCCP Bulletin: July 2020

Ogletree Deakins·

Here are the latest developments from the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP).

Is Your Organization Exempted From OFCCP Jurisdiction Under the VA MISSION Act?

Ogletree Deakins·

The U.S. Department of Veterans Affairs (VA) Maintaining Internal Systems and Strengthening Integrated Outside Networks (MISSION) Act of 2018’s primary objectives are to provide veterans with greater access to health care in VA facilities and communities, to expand benefits for caregivers, and to im

OFCCP Issues Final Rule on TRICARE Participation and Covered Health Care Providers

Littler·

On July 2, 2020, the Office of Federal Contract Compliance Programs (OFCCP) issued a final rule1 amending its regulations to confirm the agency lacks jurisdiction over health care providers whose sole government contract is based on the providers’ participation in TRICARE, ending 13 years of controv

Employers Have Until August 4 to Implement New OFCCP Disability Self-Identification Form

Littler·

On May 8, 2020, the Office of Management and Budget approved the Office of Federal Contract Compliance Programs’ (OFCCP) updated form for prospective and current employees to voluntarily self-identify as an individual with a disability.

Leadership Changes in OFCCP’s Future?

Littler·

Craig Leen’s performance as OFCCP’s director has generally received high marks from the federal contractor community. Although the agency under Director Leen became much more aggressive with regard to some of its enforcement efforts, Leen’s focus on transparency, certainty, efficiency, and recogniti

DOL Proposed NEW Electronic Disclosures Rule

Jackson Lewis P.C.·

Employers frustrated with the cumbersome rules and added expenses for furnishing plan documents, summary plan descriptions, notices, and certain other communications may soon get some added relief, at least with respect to their retirement plans. In response to President Donald J. Trump’s Executive

Scalia Nomination Clears Senate HELP Committee

Jackson Lewis P.C.·

This morning the Senate Health, Education, Labor and Pensions (HELP) Committee voted 12-11 along party lines to approve Eugene Scalia’s nomination as Secretary of Labor. The vote came five days after his confirmation hearing before the HELP Committee on September 19, 2019. This vote advances his nom

Eugene Scalia May Become Next Leader of Labor Department

Jackson Lewis P.C.·

When Alexander Acosta resigned as Secretary of Labor, his deputy, Patrick Pizzella, took over as Acting Secretary. Rather than keeping Pizzella in place, President Donald Trump announced on July 18, 2019, that he intends to nominate Eugene Scalia, the son of late-Justice Antonin Scalia, as the new S

Updated Proposed Focused Review Scheduling Letters: OFCCP Still Seeks Substantive Revisions

Jackson Lewis P.C.·

This is the third of our series of blog posts on the Office of Management and Budget’s (OMB) July 1 request for comments on OFCCP’s updated proposed scheduling letters. For background, OFCCP first proposed changes to its existing compliance check, establishment review, and focused review scheduling

OFCCP Issues Opinion Letter on Whether Pell Grants Trigger Federal Contractor Status for Colleges

Littler·

In an effort to provide additional compliance assistance resources to contractors, the Office of Federal Contract Compliance Programs (OFCCP) issued Directive 2019-03 in late 2018. Under this Directive, OFCCP announced planned enhancements to its Help Desk as well as a process for issuing Opinion Le

Department of Labor Updates Notification of Employee Rights Under Federal Labor Law Poster

Jackson Lewis P.C.·

The Department of Labor has announced updates to the Notification of Employee Rights Under Federal Labor Law poster, required to be posted (in 11×17 format) by federal contractors and subcontractors pursuant to Executive Order 13496.

Updates Notification of Employee Rights Under Federal Labor Law Poster

Jackson Lewis P.C.·

The Department of Labor has announced updates to the Notification of Employee Rights Under Federal Labor Law poster, required to be posted (in 11×17 format) by federal contractors and subcontractors pursuant to Executive Order 13496.

OFCCP Adds to 2019 Rulemaking Agenda

Jackson Lewis P.C.·

This week the Department of Labor announced its spring 2019 Regulatory Agenda. Included was an new item from OFCCP that was part of its prior published regulatory agenda. As OFCCP previously announced in 2018, its planned rule-making agenda for the near future includes rulemaking to address affirmat

Hiring Benchmark for Veteran Affirmative Action Plans Lowered to 5.9%

Littler·

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced on March 27, 2019, that it is lowering the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) hiring benchmark to 5.9 percent from 6.4 percent. The change applies to affirmative action plan years

Through the Veil: OFCCP’s Transparency Results in Even Minor Contractor Violations Being Published by the Agency

Jackson Lewis P.C.·

Recently, the Office of Federal Contract Compliance Programs (OFCCP) began posting in its Freedom of Information Act (FOIA) Library links to conciliation agreements between the agency and federal contractors that contain only material technical violations. Until now, the only conciliation agreements

OFCCP Releases New Enterprise-wide Voluntary Compliance Program

Jackson Lewis P.C.·

On the eve of St. Valentine’s Day, OFCCP is wanting contractors to feel the love. In its fourth directive of fiscal year 2019, OFCCP has unveiled a Voluntary Enterprise-wide Review Program, otherwise referred to as VERP.

OFCCP Looking to Hire for Ombudsperson

Jackson Lewis P.C.·

As OFCCP heads into 2019, with an official Director in place, the Agency is looking towards implement many of its new Directives released in the second half of 2018. Back in September, we discussed OFCCP Directive 2018-09: OFCCP Ombud Service, one of the number of policy changes OFCCP hoped to devel

Craig Leen to Officially Head Up OFCCP

Jackson Lewis P.C.·

As reported by Bloomberg Law, and reflected on OFCCP’s website, former OFCCP Acting Director Craig Leen has now been formally named Director of OFCCP. Since being placed in the acting role this past Summer when the position was vacated by Ondray Harris, Leen has overseen the release of ten new direc

OFCCP Rescinds ACE, Issues Additional New Directives

Jackson Lewis P.C.·

Today, on the last day of the month, OFCCP has released three new directives – the first three of the Agency’s 2019 Fiscal Year – and continues the string of directives issued by the new administration, bringing the number to an even dozen.

U.S. Department of Labor Announces Creation of New Wage and Hour Compliance Outreach Office

Jackson Lewis P.C.·

Focusing on education to ensure compliance with the Fair Labor Standards Act, on August 28, 2018 Secretary of Labor Alexander Acosta announced the creation of the DOL’s new Office of Compliance Initiatives (OCI). That office has launched two new websites, one to provide employers with resources to a