On December 30, 2019, the Office of Federal Contract Compliance (OFCCP) issued a Notice of Proposed Rulemaking that aims to clarify the process for its two formal notices – the Predetermination Notice (PDN) and Notice of Violation (NOV). In addition, the new regulations will allow contractors in violation to enter into a conciliation agreement prior
OFCCP Issues New Construction Technical Assistance Guide
The U.S. Department of Labor (DOL) certainly seems to mean well with it’s latest roll out. On November 13, 2019, it announced the issuance of the Office of Federal Contract Compliance Programs’ (OFCCP) Technical Assistance Guide – Construction Contractors. In its news release, the DOL noted this guide is meant as a “self-assessment tool”
EEO-1 Component 2 (Hours Worked and Pay Data) for 2017 and 2018 Due September 30, 2019
The saga continues! Businesses required to file an EEO-1 must submit the usual Component 1 data to the U.S. Equal Employment Opportunity Commission (EEOC) by May 31, 2019. However, whether businesses with 100 or more employees must submit Component 2 pay data has been up in the air since 2016 (you can search my blog
OFCCP Creates New Voluntary Enterprise-wide Review Program (VERP) for Federal Contractors
On February 13, 2019, the US Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued Directive 2019-04. This Directive creates the Voluntary Enterprise-wide Review Program (VERP). The concept is to provide “high performing” contractors with a voluntary compliance program. This removes those contractors from OFCCP’s normal establishment-based compliance evaluations process for up to
OFCCP Launches New Web Page – Contracting Officer Corner – to Consolidate Contractor Information
This update is short and sweet. On August 28, 2018, the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) launched a new web page titled “Contracting Officer Corner“. The OFCCP’s new web page is designed to be a one-stop shopping, if you will, for federal contractors. It
OFCCP Increases Transparency In New Directive Regarding Standard Procedure for Compliance Evaluation
For those of you who are federal contractors, and have had the pleasure of being audited by the U.D. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP), you know how close to the vest the OFCCP has historically kept their formulas, pay analysis groupings theories, and statistical modeling theories/backup, making early settlement
Federal Contractors With More Than 100 Employees: EEOC Revises Proposal For EEO-1 Pay Data Collection – Moving Due Date to March 2018 to Allow Use of W-2 Pay Reports
As I wrote about in April, on February 1, 2016, the EEOC proposed revisions to add wage and hour information to employers’ yearly EEO-1 report. The EEO-1 report is required by the EEOC, pursuant to its authority in Title VII of the Civil Rights Act of 1964 (Title VII), and requests submission of information aimed
Happy (Belated) Equal Pay Day! EEOC’s Proposed Amendment to the EEO-1 – Requiring Pay Data
Yesterday was “Equal Pay Day” – this is the day that the average pay for women catches up to the average pay for men from the preceding year alone. I had no idea until I received an EEOC email update proclaiming this to be true. For what it’s worth, apparently today is National Make Lunch Count Day, National Scrabble Day, National Peach Cobbler Day, National Thomas Jefferson Day and, my favorite, National Bookmobile Day. All worthy causes, to be certain. On to the EEOC’s latest administrative burden on employers.
EEOC Seeks Revisions to EEO-1 Survey.
On February 1, 2016, the EEOC proposed revisions to add wage and hour information to employers’ yearly EEO-1 report. This is old news, of course, but as the comment period closed on April 1, 2016, and the EEOC sent me the email of what’s on its radar, I thought it might not be bad to revisit what is likely coming down the pipeline. The EEO-1 report is required by the EEOC, pursuant to its authority in Title VII of the Civil Rights Act of 1964 (Title VII), and sets forth information aimed at detecting discriminatory practices. The proposed revision is the recommendation of a 2010 Equal Pay Task Force between the EEOC, DOL and the President’s National Equal Pay Task Force.
Who Cares?
The EEO-1 survey is used by the EEOC and the OFCCP (Office of Federal Contract Compliance Programs) to analyze and enforce non-discriminatory employment (such as a contractor who hires no minorities). The EE0-1 survey must be filled out by all employers subject to Title VII with 100 or more employees (this includes corporate enterprises and/or shared ownership) and federal contractors / first-tier subcontractors subject to Executive Order 11246 (government contract over $10,000) with 50 or more employees and a prime contract or first-tier subcontract of $50,000 or more.
However, the EEOC has taken mercy – not all employers will have this additional pay and hours worked data burden (now called “Component 2” of the EEO-1).
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