When OFCCP issued its “Town Hall Action Plan ” in May 2018, it stated its commitment to “review and enhance contractor compliance assistance materials.” In furtherance of this commitment, on August 2, 2019, OFCCP announced the publication of a number of new compliance assistance guides for contractors. These new resources are:

    • Posting and Notices Requirements Guide – a guide  focusing on posting and notice requirements for federal contractors. The document is a resource providing contractors with guidance about the information they must include in subcontracts and purchase orders, job advertisements, in the workplace, and to unions, as well as checklists for supply and service and construction contractors to help them manage these requirements. The document helpfully identifies the various contract value thresholds which trigger different notice and posting requirements. Contractors should be aware that this document appears focused solely on OFCCP posting and notice requirements, and that their contracts likely contain other posting requirements not covered by this document.
    • Recordkeeping Guides – OFCCP has created three recordkeeping charts, providing contractors with at-a-glance reference materials regarding their recordkeeping obligations under Executive Order 11246 (race and sex), Section 503 (individuals with disabilities), and VEVRAA (protected veterans). The documents show not only the records that must be maintained, but also the length of time they must be retained.
    • Applicant Tracking Guide and FAQs  – These resources provide basic information regarding the OFCCP’s complex rules regarding how to classify, track and retain information concerning applicants.
    • What Federal Contractors Can Expect – a republication providing contractors with “the general expectations that often guide interactions between federal contractors and OFCCP,” which we wrote about in August 2018.
    • OFCCP At a Glance – a brochure providing an overview of the agency.

OFCCP’s website also indicates OFCCP is working on technical assistance guides for supply and service and construction contractors.

The new materials reflect a tangible step by OFCCP to fulfill one of its Town Hall Action Plan commitments. Contractors should find the materials helpful for answering basic compliance questions.

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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.