Government Contractor Compliance & Regulatory Update

Tag Archives: OFCCP

Director Leen Reveals New Directives Are In The Works At OFCCP-NILG Compensation Roundtable

On February 18, 2020, Proskauer attended a Compensation Roundtable held at the Department of Labor put on by the National Industry Liaison Group (NILG) in collaboration with OFCCP. Director Leen spoke at the event, taking the opportunity to address his recent nomination to serve as the Inspector General of the Office of Personnel Management. He … Continue Reading

OFCCP Director Leen Nominated to Serve as OPM Inspector General

On February 3, 2020, the President Trump announced his intent to nominate Craig Edward Leen, the current OFCCP Director, to serve as the Inspector General at the Office of Personnel Management. The Office of the Inspector General has been without a permanent head since Patrick McFarland retired in February 2016. Nominees for Inspector General of … Continue Reading

Proskauer Delivers Comprehensive Webinar on OFCCP Developments

On January 15, 2020, Proskauer partner Guy Brenner and Resolution Economics Partner 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 2019, … Continue Reading

OFCCP Updates The Federal Contract Compliance Manual

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 Our Webinar: OFCCP – The Year That Was and the Year Ahead

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

OFCCP Proposes Rules Codifying Procedures for Resolving Alleged Violations and Setting Thresholds For Discrimination Findings

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

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

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

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 Shares Some News At Financial Industry Town Hall

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

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

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

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

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

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

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”

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

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

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

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

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 … Continue Reading

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 … Continue Reading
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