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”
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
Home Run: Labor Law Forum + Twins Game! Save the Date – May 23, 2018
Employers! It’s almost that time again – Seaton, Peters & Revnew’s 13th Annual Upper Midwest Labor Law Forum is set for May 23, 2018 at…you got it…Target Field! Come hear the latest on what’s happening with the NLRB; regulatory and employment law updates (DOL, MDHR, EEOC, OFCCP, OSHA); and handling discipline, grievance and the arbitration
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
Join Me at the Upper Midwest Labor Law Forum – April 27, 2016
On Wednesday, April 27, 2016, Seaton, Peters & Revnew will be hosting its 11th Annual Upper Midwest Labor Law Forum from 8:15 a.m. – 4:30 p.m at the Doubletree – Bloomington – Minneapolis South (yes, same place the DOL’s prevailing wage seminar is taking place in May). We anticipate another great turnout and hope you can make it! It has been approved for Minnesota and Iowa CLE credits as well as HRCI credits. The agenda is below…notably, yours truly will be presenting the Hot Topics in Employment Law session (and do my best to keep everyone awake after lunch).
If you are interested in attending you can find more information and how to sign up here.
PROGRAM AGENDA:
Continue Reading Join Me at the Upper Midwest Labor Law Forum – April 27, 2016
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).
Continue Reading Happy (Belated) Equal Pay Day! EEOC’s Proposed Amendment to the EEO-1 – Requiring Pay Data