Reports of OFCCP demise may have been premature, as 2026 has begun with some notable developments for the agency which suggests OFCCP is looking to be active in its reduced role and will have the funds to do so. 

1) Complaint and Pre-Complaint Forms: Revisions to Align with E.O. 14173

On January 2, 2026, the Department of Labor submitted an OFCCP‑sponsored Information Collection Request (“ICR”) to the Office of Management and Budget (“OMB”) to revise the agency’s complaint (CC‑4) and pre‑complaint inquiry (CC‑390) forms to conform with E.O. 14173. The notice reiterates that complainants may file with OFCCP under Section 503 and VEVRAA, but not under E.O. 11246.

2) VEVRAA Recordkeeping: Renewal Request and Continued Obligations

On January 7, 2026, OFCCP submitted a renewed ICR in an effort to extend its existing recordkeeping requirements under VEVRAA to continue “carry[ing] out its responsibility to enforce VEVRAA.” This renewal is a reminder that contractors (with contracts of $200,000 or more) must maintain VEVRAA‑compliant systems, including affirmative action programs, equal opportunity clauses in contracts, mandatory job postings, applicant self‑identification for protected veterans (pre‑ and post‑offer), and an annual hiring benchmark.

3) FY 2026 Appropriations: Funding and Legislative Status

On February 3, 2026, President Trump signed H.R. 7148, the “Consolidated Appropriations Act, 2026,” into law. As a result, OFCCP has been appropriated $100,976,000 in funding for FY2026. While OFCCP’s FY2026 funding is about 10% less than that from FY2025, this move signals a commitment to enforcing OFCCP’s priorities.

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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.

Photo of Mallory Knudsen Hart Mallory Knudsen Hart

Mallory Hart is an associate in the Labor & Employment Law Department and a member of the Employment Litigation & Employment Counseling, Training, and Pay Equity groups.

Mallory attended Loyola University New Orleans College of Law, where she graduated magna cum laude and…

Mallory Hart is an associate in the Labor & Employment Law Department and a member of the Employment Litigation & Employment Counseling, Training, and Pay Equity groups.

Mallory attended Loyola University New Orleans College of Law, where she graduated magna cum laude and earned the distinction of Crowe Scholar. While in law school, Mallory served as Candidate Development and Symposium Editor for the Loyola Law Review. She competed as an oralist and later served as team coach for the National Moot Court Team. Mallory also served as Social Chair and Vice President of the Student Bar Association. During law school, Mallory also served as an extern to the Honorable Jay C. Zainey at the United States District Court for the Eastern District of Louisiana. Upon graduation, Mallory was selected for the Order of Barristers.

During her final year of law school, Mallory worked as a Rule XX Student Practitioner in the Stuart H. Smith Law Clinic and Center for Social Justice-Children’s Rights Clinic, where she submitted an amicus brief to the Louisiana State Supreme Court.

Mallory currently serves as a junior member of the Louisiana State Law Institute.