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Affirmative Action - OFCCP

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OFCCP Working on Contractor Certification Program

Jackson Lewis P.C.·

Following the tone of the preceding days, the 2018 ILG National Conference closed Friday morning with a friendly conversation between Acting Director Craig Leen and NILG Chair Paul McGovern.

OFCCP Releases Description of “What Contractors Can Expect”

Jackson Lewis P.C.·

It has been a busy morning on the first day of the 2018 ILG National Conference in Anaheim, California. After a dramatic and moving opening presentation, OFCCP Acting Director Craig Leen gave the morning’s Keynote address. Echoing the conference’s “Navigating the Waves of Change” theme, Acting Direc

Change at the Top: Ondray Harris Stepping Down as OFCCP Director

Littler·

Littler has confirmed that Ondray Harris will be stepping down as head of the Department of Labor’s Office of Federal Contractor Compliance Programs (OFCCP) effective July 27, 2018. Mr. Harris will be replaced by Deputy Director Craig Leen, who will serve as the Acting Director.

Only One Item On OFCCP’s Spring Regulatory Agenda: TRICARE

Jackson Lewis P.C.·

Today, the Trump Administration released its Spring 2018 Unified Agenda of Regulatory and Deregulatory Actions, which “reports on the actions administrative agencies plan to issue in the near and long term.”

OFCCP Clarifies Methodology for Contractor Audit Selection

Littler·

On April 18, 2018, in another step signaling increased transparency for federal contractors, OFCCP issued a release describing its methodology for selecting and scheduling federal contractors for audit in 2018.

Are Employers Willing to Risk Getting PAID?

Jackson Lewis P.C.·

Last month, the DOL announced the Payroll Audit Independent Determination program (“PAID”), a self-auditing program designed to encourage employers to uncover and voluntarily report potential minimum wage and overtime violations and avoid the risk of penalties or liquidated damages that would be imp

Affirmative Action Training May Be Your Best Friend

Jackson Lewis P.C.·

Many hospitals and healthcare facilities are federal contractors. Jackson Lewis regularly provides specialized assistance in developing and implementing affirmative action plans (AAPs).

Scheduling letters to federal contractors go out soon. Is your company ready for an audit by the OFCCP?

Maynard Nexsen·

A thousand or more federal contractor and subcontractor establishments will receive audit scheduling letters in the next few weeks because they have been picked for a compliance review by the government—and it is not too late to make sure affirmative action plans are ready for close scrutiny.

U.S. Department of Labor Announces Self-Audit Program

Jackson Lewis P.C.·

Mistakes happen. But when those mistakes result in a violation of the Fair Labor Standards Act, what is an employer to do? Pay twice the amount of wages owed to cover both back wages and an amount equal to liquidated damages? Hope no one notices? Well, thanks to the Wage and Hour Division (WHD) of t

Proposed Budget Seeks to Cut DOL Funds

Jackson Lewis P.C.·

The highly anticipated proposed budget released today by the White House included expected budget cuts for the U.S. Department of Labor. While cutting funds for the DOL, the proposed budget did not resurrect the previously raised possible merger of OFCCP and EEOC.

Kate O’Scannlain Confirmed for Solicitor

Jackson Lewis P.C.·

Kate O’Scannlain was confirmed as the Solicitor of Labor for the U.S. Department of Labor by the Senate on December 21, 2017. O’Scannlain will serve as the Agency’s top lawyer, helping the Labor Department set the policy and enforcement agenda. Prior to her confirmation, O’Scannlain was a partner at

Breaking News: New OFCCP Director Identified

Jackson Lewis P.C.·

The U.S. Department of Labor has quietly identified a new Director of the Office of Federal Contract Compliance Programs. An industry news outlet is reporting DOL has confirmed Ondray T. Harris will be the new head of the agency. A new update to OFCCP’s website lists him as the Director of the Agenc

BREAKING NEWS: Craig Leen Anticipated To Be New OFCCP Director

Jackson Lewis P.C.·

In an unexpected, but much awaited move, it is anticipated Craig Leen will be named as the new head of the Office of Federal Contract Compliance Programs (“OFCCP”). While the Department of Labor has not formally confirmed or commented on this development, Leen’s appointment would come more than a ye

Update on OFCCP/EEOC Merger

Jackson Lewis P.C.·

In a recent letter responding to an inquiry regarding the proposed merger between OFCCP and EEOC, Acting OFCCP Director Tom Dowd detailed the regulatory requirements to undertake a merger, which would take effect in 2019. He also suggested interim alternatives exist to achieve the efficiencies inten

BREAKING NEWS: Pay Data Reporting Obligation Postponed Indefinitely

Jackson Lewis P.C.·

We have learned the Office of Information Regulatory Affairs (OIRA) has decided to postpone indefinitely effectiveness of the newly created pay data reporting component of the annual EEO-1 report. In a letter addressed to Acting EEOC Chair, Victoria Lipnic, OIRA explained it has stayed the effective

OFCCP Announces Dates for Contractor Town Hall Meetings

Jackson Lewis P.C.·

Following up on Interim Director Tom Dowd’s recent commitment for more agency transparency and communication, OFCCP has announced three upcoming town hall meetings. In its announcement, OFCCP stated the purpose of the town halls were to obtain contractor views and learn about contractor experiences

Affirmative Action in College Admissions to Become a Justice Department Priority?

Jackson Lewis P.C.·

The Trump Administration is preparing to focus on affirmative action in college admissions, according to The New York Times, which reportedly obtained an internal announcement to the Department of Justice (DOJ) Civil Rights Division (CRD).

What’s on OFCCP’s Agenda?

Jackson Lewis P.C.·

The short answer to this question is not much, or so it seems.

Administrative Law Judge Winnows OFCCP's Data Request

Littler·

On July 14, 2017, an administrative law judge issued a 43-page set of recommendations and order (“Order”) on the Office of Federal Contract Compliance Programs’ (“OFCCP”) data requests issued to Google, significantly winnowing much of the OFCCP’s voluminous requests. While the OFCCP may appeal the A

An Update on the DOL’s Fiduciary Rule

Jackson Lewis P.C.·

The DOL’s much anticipated (or maligned depending on the audience) Fiduciary Rule expands the definition of what constitutes investment advice under ERISA and thereby increases the number and types of retirement plan service providers that are considered ERISA fiduciaries (see our prior coverage of