Over 3,500 contractor locations will be receiving scheduling letters according to the fiscal year (FY) 2019 Corporate Scheduling Announcement Letter (CSAL) list that the Office of Federal Contract Compliance Programs (OFCCP) published in its Freedom of Information Act (FOIA) Library on...more
As federal contractors, academic institutions are responsible for abiding by the regulations enforced by the Office of Federal Contract Compliance Programs (OFCCP), which include taking affirmative action with respect to employment. The additional challenge for academic institutions is...more
In the prior articles in this series, we concluded that the Supreme Court's pattern or practice holdings in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), provide important guardrails applicable to OFCCP enforcement actions. The last installment examined the Supreme Court's specific...more
As Foley and Lardner reported recently, on April 29, 2019, the U.S. Department of Labor (DOL) issued an opinion letter clarifying its stance on the classification of workers in the gig economy. The letter provided good news to those who contract with workers in the "gig economy,"...more
According to the latest report from the Department of Defense, there are more than 50,000 active duty military service men and women in the state of South Carolina. Of those, 10 percent will leave the military each year. But will they stay in South Carolina? Additionally, 240,000 will separate...more
Ask the Experts is an online forum where federal contractors and subcontractors are invited to submit questions to industry experts related to OFCCP compliance, affirmative action planning, and equal employment opportunity. Simply register your company on LocalJobNetwork.com to submit a question. Questions and answers will occasionally be featured in The OFCCP Digest for the benefit of all readers.
Question: Types of OFCCP Reviews?
With the release of this year's CSAL (Corporate Scheduling Announcement List), I have noticed that the different types of reviews seem to overlap. What are the differences between CMCE Reviews, Compliance Checks, and Establishment Reviews?
An Establishment Review is equivalent to an audit. It would cover compliance with all laws and regulations (E.O. 11246, Section 503, and VEVRAA) enforced by the OFCCP. CMCEs are similar to an Establishment Review in that they cover the full scope of a contractor's compliance as stated above, but at the corporate level. Section 503 Focused Reviews cover only those obligations in one area, i.e., Section 503 of the Rehabilitation Act of 1973. However, if other violations are found, the agency could consider expanding the investigation.
The Section 503 Focused Reviews are scheduled at the headquarters of multi-establishment companies and will be conducted onsite. The other reviews (Establishment and CMCE) do not necessarily require an onsite.
A Compliance Check determines whether a contractor maintains records consistent with their obligations.
According to the OFCCP's website, OFCCP will not begin conducting the onsite portion of the Section 503 Focused Reviews until September 1, 2019 to allow contractors sufficient time to seek technical assistance from OFCCP's regional and district offices.
Senate Confirms Janet Dhillon as New EEOC Chair
Janet Dhillon (R) was officially confirmed by the U.S. Senate to become the new chair of the Equal Employment Opportunity Commission (EEOC). She will replace Acting Chair Victoria Lipnic (R), who will remain with the EEOC as a Commissioner. The confirmation fills the third seat on the five-member commission, restoring quorum and decision-making authority to the EEOC, a significant development in light of the new EEO-1 pay data collection requirement.
OFCCP Compliance Check Resources
OFCCP published a Compliance Checks page on its website to provide more information to federal contractors on what to expect if they are scheduled for a Compliance Check. The page includes Frequently Asked Questions (FAQ) as well as a copy of the Compliance Check Scheduling Letter which lists the three items that contractors will be asked to make available to OFCCP: AAP results for the preceding year, examples of job ads, including ESDS job listings, and examples of accommodations made to individuals with disabilities.
OFCCP will be updating the information and answering additional questions as it begins to conduct them this year. You can view the 2019 Scheduling List to find out if your organization is scheduled for a Compliance Check.
EEOC to Require Employers to Submit 2017 and 2018 Compensation Data on EEO-1 Report
The Equal Employment Opportunity Commission's (EEOC) has confirmed that it will require employers with 100 or more employees to submit Component 2 compensation data for calendar year 2017, in addition to calendar year 2018, for the current EEO-1 reporting period, which opened on March 18 and runs through May 31. Employers will have until September 30 to submit their compensation data. All other EEO-1 data is due on May 31.
The EEOC expects to start collecting compensation data by mid-July 2019, and will notify employers when the survey will be available.
DOL Opinion Letter Acts as a Guide for Gig Economy Workers
Opinion letter FLSA2019-6 gives further insight from the DOL on whether or not service providers for a virtual marketplace company (VMC) should be considered independent contractors or employees of the company. The case addressed in this letter noted that the VMC did not have "control" over the service provider in terms of rules of when where, how, and whom to work for, giving the provider autonomous decision-making. The VMC also allowed the service provider to work for other VMCs at the time and did not evaluate performance over time, all meaning the provider did not have "economic dependence" on the VMC, the key factor in employee versus independent status.
LocalJobNetwork is proud to be the Titanium sponsor of the 37th annual Industry Liaison Group (ILG) National Conference, "Shifting Gears in a Fast-Changing World," the premier gathering of federal contractors and subcontractors, which will be held in Milwaukee, Wisconsin from July 30-August 2, 2019. The conference agenda covers multiple Areas of Growth (AOG) organized along affirmative action and EEO functional areas: Changing World, Compensation, Diversity & Inclusion, Nuts & Bolts, OFCCP, Outreach, Regulatory Compliance, Higher Education, and more. Don't miss this highly informative conference - register now!
The opinions expressed in this newsletter are the opinions of the individual author(s) and do not necessarily reflect the opinions of LocalJobNetwork™. The information appearing in this newsletter is meant to provide the reader with a general understanding of topics relating to OFCCP compliance requirements and is not legal advice. If you are seeking legal advice to address OFCCP compliance issues or requirements, you should consult an attorney. LocalJobNetwork™ expressly disclaims all liability with respect to actions taken or not taken based on any or all of the contents of this newsletter.