On February 12, 2018, the Trump Administration released its proposed fiscal year 2019 budget. As it did last year, the budget proposes significant cuts to the funds allocated to OFCCP.

The proposed budget allocates to OFCCP just over $91 million, a decrease of nearly $12.7 million (or 12.5%). The budget also seeks to cut OFCCP’s headcount by 75 full-time equivalents – a reduction of more than 14% from fiscal year 2018.

According to the Administration, its request for reduced OFCCP funds will enable OFCCP to: (1) streamline its desk audit procedures; (2) focus on high-impact systemic compliance evaluations; (3) expand contractor compliance assistance to promote voluntary compliance with nondiscrimination and equal employment opportunity requirements; and (4) modernize the agency’s operational model by, among other things, staffing OFCCP regional offices in closer proportion to the number of contractor establishments in those regions, and establishing Skilled Regional Centers of Excellence. Notably, the proposed budget is silent on a previous proposal to merge OFCCP and the Equal Employment Opportunity Commission. The merger proposal was rejected by Congress last year and appears to be tabled indefinitely at this time.

As always, the President’s proposed budget is just that – a proposal – for Congress to consider as it negotiates and prepares its appropriation bills. We will continue to monitor and report significant developments in the budget process.

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Photo of Guy Brenner Guy Brenner

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member…

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member of the Restrictive Covenants, Trade Secrets & Unfair Competition Group. He has extensive experience representing employers in both single-plaintiff and class action matters, as well as in arbitration proceedings. He also regularly assists federal government contractors with the many special employment-related compliance challenges they face.

Guy represents employers in all aspects of employment and labor litigation and counseling, with an emphasis on non-compete and trade secrets issues, medical and disability leave matters, employee/independent contractor classification issues, and the investigation and litigation of whistleblower claims. He assists employers in negotiating and drafting executive agreements and employee mobility agreements, including non-competition, non-solicit and non-disclosure agreements, and also conducts and supervises internal investigations. He also regularly advises clients on pay equity matters, including privileged pay equity analyses.

Guy advises federal government contractors and subcontractors all aspects of Office of Federal Contract Compliance Programs (OFCCP) regulations and requirements, including preparing affirmative action plans, responding to desk audits, and managing on-site audits.

Guy is a former clerk to Judge Colleen Kollar-Kotelly of the US District Court of the District of Columbia.