Government Contractor Compliance & Regulatory Update

Category Archives: OFCCP

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OFCCP Proposes Changes to the Self-Identification of Disability Form

By Guy Brenner and Mark A. Linscott on Posted in OFCCP
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

GAO Report Assesses OFCCP Progress and Indicates Annual AAP Collection Not Far Off

By Guy Brenner and Mark A. Linscott on Posted in OFCCP
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

OFCCP Publishes New Compliance Assistance Guides

By Guy Brenner on Posted in OFCCP
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

OFCCP Revises Proposed Audit Scheduling Letters

By Guy Brenner and Mark A. Linscott on Posted in OFCCP
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

OFCCP’s First Published Opinion Letter: Pell Grants Do Not Make Universities Federal Contractors

By Guy Brenner and Mark A. Linscott on Posted in OFCCP
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

OFCCP Proposes Changes to Audit Scheduling Letters

By Guy Brenner and Mark A. Linscott on Posted in OFCCP
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

OFCCP Shares Some News At Financial Industry Town Hall

By Guy Brenner on Posted in OFCCP
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

OFCCP Announces 2019 Veteran Hiring Benchmark

By Guy Brenner and Mark A. Linscott on Posted in OFCCP
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

BREAKING: OFCCP Selects Contractors For 2019 Audits

By Guy Brenner and Mark A. Linscott on Posted in OFCCP
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

OFCCP Provides Anticipated Guidance On Section 503 Focused Reviews

By Guy Brenner and Mark A. Linscott on Posted in OFCCP
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 Announces CSAL List Coming in March 2019

By Guy Brenner and Mark A. Linscott on Posted in OFCCP
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

OFCCP Reveals Development of Voluntary Enterprise-Wide Review Program

By Guy Brenner and Mark A. Linscott on Posted in OFCCP
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

Warning: CSALs Will Not Be Sent In The Mail

By Guy Brenner and Mark A. Linscott on Posted in OFCCP
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

OFCCP Invites Contractors to Submit “Burning Questions”

By Guy Brenner and Mark A. Linscott on Posted in OFCCP
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

OFCCP Seeks Applicants for “Ombudsman” Position

By Guy Brenner and Mark A. Linscott on Posted in OFCCP
Quick Hit: OFCCP has requested applications for its newly created “Ombudsman” position. The opening follows the issuance of Directive 2018-09 (the “Directive”), which announced the “planned implementation of an Ombud Service” to address specific concerns “raised by OFCCP external stakeholders.” Key Takeaways: OFCCP issued Directive 2018-09 in September. As we noted in this blog at the time, … Continue Reading

Proskauer Delivers Comprehensive Webinar on OFCCP Developments

By Guy Brenner on Posted in OFCCP
On January 16, 2019, Proskauer partner Guy Brenner and Resolution Economics Director Rick Holt delivered a webinar entitled: OFCCP – The Year That Was and the Year Ahead. The jam-packed presentation provided legal, practical, and econometric insights into the numerous actions taken by the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) in … Continue Reading

Craig Leen Formally Named Director of OFCCP

By Alex Weinstein and Guy Brenner on Posted in Department of Labor, federal contractor, OFCCP
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 as Acting Director, the OFCCP has … Continue Reading

POTENTIAL PARTIAL GOVERNMENT SHUTDOWN – What Government Contractors Need To Know

By Guy Brenner and Alex Weinstein on Posted in Federal Contractors, OFCCP
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 … Continue Reading

New OFCCP Directive Introduces Early Resolution Procedures For Compliance Evaluations

By Guy Brenner and Alex Weinstein on Posted in OFCCP
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 … Continue Reading

OFCCP Rescinds Active Case Enforcement Procedures

By Guy Brenner and Alex Weinstein on Posted in Federal Contractors, OFCCP
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 … Continue Reading

OFCCP Introduces New Directive Enhancing Compliance Guidance Programs For Contractors

By Guy Brenner and Alex Weinstein on Posted in Federal Contractors, OFCCP
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 … Continue Reading
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