The Office of Federal Contractor Compliance Programs (“OFCCP”) has announced that Craig Leen has officially been named the Director of the Office of Federal Contractor Compliance Programs (“OFCCP”). Director Leen has served as Acting Director since the summer when then-Director Ondray Harris suddenly resigned. Since Director Leen began serving
BREAKING: The Government Shutdown Is Officially Here – What Does It Mean For Federal Contractors?
As of midnight on December 21, 2018, portions of the government have been shut down until Congress is able to pass a spending bill. Due to ongoing political fights surrounding the border wall, it remains unclear when the government will be fully operational again. In addition to the 400,000 government
POTENTIAL PARTIAL GOVERNMENT SHUTDOWN – What Government Contractors Need To Know
A partial government shutdown may soon be upon us. According to the Washington Post, “[t]he White House and a number of federal agencies have started advanced preparations for a partial government shutdown, as President Trump and congressional Democrats appear unlikely to resolve their fight over a border wall before some government funding lapses at week’s end. ” Unlike past shutdowns, because Congress has already passed, and the President has signed, spending bills into law that apply to approximately 75% of government spending, a government shutdown will be far less extensive than those experienced in the past. If one occurs, the departments of the Interior, Agriculture, State, Housing and Urban Development, Treasury, Commerce, and Homeland Security would lose funding – and government contractors with existing contracts with those agencies could face a temporary loss of funding.
New OFCCP Directive Introduces Early Resolution Procedures For Compliance Evaluations
Quick Hit: OFCCP’s new Directive 2019-02 sets forth Early Resolution Procedures (“ERP”) to resolve violations discovered during a desk audit of contractors with multiple establishments. OFCCP touts that “ERP allows OFCCP and contractors with multiple establishments to cooperatively develop corporate-wide compliance with OFCCP’s requirements.” Contractors who successfully resolve violations through ERP will be spared full scale compliance evaluations, but will have to agree to conciliation agreements that will include five years of monitoring and commitments to rectify similar issues at some or all of the contractor’s other establishments. In return, contractors will receive a five-year moratorium on compliance evaluations of some or all of their establishments.
OFCCP Rescinds Active Case Enforcement Procedures
Quick Hit: Office of Federal Contractor Compliance Programs (“OFCCP”) has issued Directive 2019-01 (the “Directive”), which rescinds Directive 2011-01 which established OFCCP’s now-defunct Active Case Enforcement or “ACE” policy. Through ACE, OFCCP conducted fewer but more intensive compliance evaluations of government contractors. In issuing the Directive, OFCCP is formally ending ACE, while adopting an approach it contends keeps the better components of ACE while allowing OFCCP to conduct more compliance evaluations in a more efficient manner.
OFCCP Introduces New Directive Enhancing Compliance Guidance Programs For Contractors
Quick Hit: The Office of Federal Contractor Compliance Programs (“OFCCP”) issued Directive 2019-03 (the “Directive”), which announces two steps the agency will take to enhance compliance assistance for contractors. OFCCP will now make “certain Help Desk inquires and responses dynamically available and searchable as a self‐service option on OFCCP’s website.” OFCCP will also begin using Opinion Letters to provide guidance to the contracting community in response to fact-specific inquiries from contractors and their employees. The Directive envisions that these changes will provide a resource for contractors, thereby enhancing compliance.
OFCCP Seeks The “Carrot” Approach With Two Contractor Recognition Programs
Quick Hit: The Office of Federal Contractor Compliance Programs (“OFCCP”) is seeking to establish two new contractor recognition programs, which would promote contractors with sound compliance programs and provide temporary relief from compliance reviews and desk audits. First, OFCCP has proposed an Excellence in Disability Inclusion Award (the “Disability Inclusion Award”), which aims to “highlight successful practices and strategies of contractors that have expanded and improved recruitment, hiring, retention, and promotion opportunities for individuals with disabilities.”
OFCCP Proposes New FAAP Directive
The Office of Federal Contractor Compliance Programs (“OFCCP”) is seeking approval to change its Functional Affirmative Action Program (“FAAP”) requirements. The proposed directive, for which comments are due by November 13, 2018, proposes sweeping changes to the current FAAP directive, with the stated aim of encouraging contractors to use FAAPs.
OFCCP Announces Contractor Recognition Program
The Office of Federal Contractor Compliance Programs (“OFCCP”) has announced though Directive 2018-06 (the “Directive”) the development of a Contractor Recognition Program, which aims to “recognize contractors with high-quality and high-performing compliance programs and initiatives.” The Contractor Recognition Program arises out of feedback the OFCCP received from the contracting community
OFCCP Issues Directive Announcing “Affirmative Action Program Verification Initiative”
Quick Hit: OFCCP has issued a new Directive (Directive 2018-07), announcing its intention to develop an Affirmative Action Program Verification Initiative (the “Verification Initiative”). The Directive only notifies the contractor community that the program is in the works – for now, nothing has changed. However, the Directive shares that