On December 30, 2019, OFCCP updated its Federal Contract Compliance Manual (FCCM) for the first time since 2014. The FCCM “provides guidance for OFCCP’s compliance officers . . . in conducting compliance evaluations, complaint investigations and providing federal contractors with compliance assistance.” In a press release, OFCCP explained that the updates “reflect revisions to OFCCP’s … Continue Reading
Join us for a webinar on Wednesday, January 15, 2020, to review the significant changes and initiatives implemented by the Office of Federal Contract Compliance Programs in 2019, what they mean for federal contractors and what federal contractors can expect in 2020. Partner Guy Brenner and labor economist Dr. Rick Holt, a Director at Resolution … Continue Reading
Quick Hit: OFCCP has published a Notice of Proposed Rulemaking (NPRM) it states would “codify the procedures that the agency currently uses to resolve potential discrimination and other material violations” and “clarify definitions to specify the types of evidence OFCCP will use to support its discrimination findings.” The procedures dictate OFCCP’s use of Predetermination Notices … Continue Reading
On November 22, 2019, OFCCP announced it will not “request, accept, or use” EEO-1 Component 2 pay and hours worked data from government contractors in connection with audits (or otherwise). OFCCP explained that it will not request or use the data because it is “collected in a format that is highly aggregated” and, therefore, is … Continue Reading
On November 8, 2019, just before Veterans Day, OFCCP issued Directive (2020-01) (the “Directive”), which addresses “Spouses of Protected Veterans.” Its latest directive is the first of FY2020 and follows up on the agency’s supplemental CSAL identifying contractors selected for VEVRAA Focused Reviews. The Directive observes that spouses of protected veterans are protected by OFCCP … Continue Reading
On November 8, 2019, OFCCP released its Corporate Scheduling Announcement List (“CSAL”) Supplement. The list identifies 500 establishments selected for the new VEVRAA focused review compliance evaluation. In 2018, OFCCP announced that it would be conducting focused reviews during which it would target its analysis on contractors’ compliance with Executive Order 11246 (the “EO”) (equal … Continue Reading
Any illusions that OFCCP would disappear during the Trump Administration should have already been put to rest with the nearly non-stop activity of the agency since 2017. But to the extent there was any remaining doubt, a recent report about the monetary recoveries secured by the agency should put that to rest. As OFCCP announced, … Continue Reading
On October 3, 2019 OFCCP submitted a request to the Office of Management and Budget for approval of proposed changes to its Voluntary Self-Identification of Disability Form. OFCCP explained that it had proposed the changes “in an effort to increase the response rate on the form.” The proposed changes include: Removing the reasonable accommodation notice; … Continue Reading
The Government Accountability Office (GAO) recently released a report (the “2019 Report”) evaluating the Office of Federal Contract Compliance Program’s (OFCCP) implementation of the GAO’s 2016 and 2017 recommendations for improving oversight of contractor compliance. The 2019 Report concludes that OFCCP has implemented only 4 of the GAO’s 11 recommended changes. The key findings and … Continue Reading
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 … Continue Reading
Quick Hit: On June 28, 2019 The Office of Management and Budget (“OMB”) published notice that “OFCCP seeks to revise the letters used to schedule compliance evaluations.” As we previously reported, OFCCP proposed changes to its audit scheduling letters in April 2019 and accepted public comments through June 11, 2019. In light of the comments … Continue Reading
On May 23, 2019, OFCCP issued its first published opinion letter addressing whether universities and other post-secondary higher educational institutions become covered federal contractors by serving as a “conduit” for Pell Grants. According to the OFCCP, “solely serving as a conduit for Pell Grants does not render a post-secondary higher education institution a covered federal … Continue Reading
Quick Hit: OFCCP recently issued a request to the Office of Management and Budget (“OMB”) seeking approval of changes to its “scheduling letter, compliance check letter, [] Section 503 focused review letter… [and] approval for a new VEVRAA focused review letter.” OFCCP states the revised letters will “provide OFCCP an efficient option to monitor contractor … Continue Reading
On April 10, 2019, in New York City, OFCCP hosted a town hall focused on the “legal industry and related fields.” Guy Brenner of Proskauer attended the event, which had far fewer attendees than the financial sector town hall held the previous day. The purpose of the town hall was to provide government contractors in … Continue Reading
On April 9, 2019, in New York City, OFCCP hosted a town hall focused on the “financial industry and related fields.” Guy Brenner of Proskauer attended what was an enlightening and informative event. The purpose of the town hall was to provide government contractors in the financial sector the opportunity to share their views with … Continue Reading
On March 27, 2019 the Office of Federal Contract Compliance Programs (“OFCCP”) released its 2019 Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) Benchmark. Effective March 31, 2019 the new benchmark is 5.9%, a slight decrease from 2018’s 6.4% benchmark. This is OFCCP’s fifth reduction of the benchmark, which has steadily declined since its inception in 2014. The VEVRAA Benchmark is the … Continue Reading
On March 25, 2019 OFCCP posted the 2019 CSAL list on its FOIA website, identifying contractors selected for compliance evaluations. Contractors should check OFCCP’s FOIA website immediately to confirm if they have been scheduled for a compliance review, a Section 503 Focused Review, or an Affirmative Action compliance check. As we have previously reported, contractors … Continue Reading
On March 11, 2019 OFCCP announced that, “[i]n order to continue to enhance the scope and quality of OFCCP’s compliance assistance materials” and to “to build on the success of [previous] town halls,” it will be holding two town hall meetings in New York City in April 2019. The first meeting will focus on the … Continue Reading
Quick Hit: As we previously reported, OFCCP is about to introduce “focused reviews” – compliance evaluations focused on a particular area of OFCCP enforcement – and its upcoming publication of the 2019 CSAL list will include Section 503 Focused Reviews. In advance of the launch of focused reviews, OFCCP has established a Section 503 Focused Reviews … Continue Reading
OFCCP has announced that its next Corporate Scheduling Announcement Lists (CSALs) are expected to be published on its FOIA Library in “mid-to-late March 2019.” As we have previously reported, OFCCP will not mail out CSALs to contractors but will instead publish the lists on its website. OFCCP also shared that the lists will include Section … Continue Reading
Quick Hit: OFCCP’s Directive 2019-04 reveals the development a Voluntary Enterprise-Wide Review Program (“VERP”). Once established, contractors will be able to voluntarily participate in the program, submitting themselves to an expanded compliance evaluation as part of an application process and, upon admittance to the program, will be removed from the pool of contractors in the … Continue Reading
In this episode of The Proskauer Brief, partners Harris Mufson and Guy Brenner discuss the Office of Federal Contract Compliance Programs (OFCCP). Harris and Guy highlight OFCCP’s recent activities and discuss what government contactors should expect in 2019. Listen to the podcast. View the transcript on our Law and the Workplace blog.… Continue Reading
Quick Hit: According to published reports, OFCCP will not mail out Corporate Scheduling Announcement Letters (“CSAL”) this year, but rather will post the lists on its website. Key Takeaway: CSALs provide contractors with advance notice of an upcoming compliance evaluation. Because, unlike in years past, OFCCP will not mail CSAL letters to contractors in 2019 … Continue Reading
Quick Hit: OFCCP is inviting contractor stakeholders, and their legal counsel, to submit “Burning Question[s]” to its Help Desk that the agency can answer in forthcoming Opinion Letters. Key Takeaways: OFCCP’s invitation is its first public step towards implementing Directive 2019-03 (“the Directive”) which outlined the agency’s plan to enhance the utility of its existing … Continue Reading
