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Total Articles: 10

Breaking News: OFCCP Releases Compliance Transparency and Ombud Service Directives

There is no rest for the weary at OFCCP. Continuing the steady flow of Directives and proposals as well as audits coming out of Washington D.C., the Agency has released two additional directives in furtherance of the Administration’s commitment to transparency and certainty.

OFCCP’s Proposed Directive Encourages Contractors to Consider FAAPs as an Alternative to Establishment-Based AAPs

On September 11, 2018, the Office of Federal Contract Compliance Programs (OFCCP) published a notice in the Federal Register and a draft of a revised directive to “establish policies and procedures for requesting and maintaining FAAP Agreements.” The revised directive and notice suggest that OFCCP is seeking to increase functional affirmative action program (FAAP) participation. In fact, OFCCP has stated that FAAPs may offer a solution for today’s workforce and “encourages all contractors who need to develop an affirmative action program (AAP) to consider using a FAAP.” But contractors may want to carefully consider whether a FAAP agreement with OFCCP is right for them.

A More Modern Approach to OFCCP's Functional Affirmative Action Programs?

Generally, federal contractors must develop a written affirmative action program for every physical location with 50 or more employees. Recognizing that the workforce is not always tied to an establishment, the Office of Federal Contract Compliance Programs (OFCCP) adopted regulations almost 20 years ago that permit contractors to adopt a Functional Affirmative Action Program (FAAP) based on functional operations instead of the establishments where employees are physically located. Contractors with clear functions or lines of business find that FAAPs make it easier to organize and analyze data, identify issues, establish clear lines of responsibility for implementing their affirmative action programs, and monitor progress towards goals. OFCCP recently issued a directive—which is open to public comment—revising its policies and procedures for requesting and maintaining FAAP agreements.

2018 VETS-4212 Filings—More Same Than Different

After all the excitement over the 2018 EEO-1 filings—including the on-and-off-again inclusion of compensation data—the U.S. Department of Labor’s Veterans’ Employment and Training Service (VETS) requirements for filing the 2018 VETS-4212 report are largely consistent with prior year filings. The major change for 2018 is that all filers are now allowed to choose December 31, 2017, as the ending date for employee snapshot data. This change has allowed many government contractors to consolidate their data by pulling to a single date, thereby eliminating extra work and expense. Contractors that are not using the December 31, 2017, snapshot date, will need to select a payroll period ending within the time period of July 1 to August 31, 2018.

OFCCP Proposes Changes for Contractors Using Functional Affirmative Action Programs

On September 11, 2018, the Office of Federal Contract Compliance Programs (OFCCP) announced that it has proposed changes regarding functional affirmative action programs (FAAPs). These changes would establish more relaxed policies and procedures for contractors requesting and maintaining FAAP agreements.

OFCCP Seeks to Favorably Tweak Requirements to Encourage Contractors to Consider Functional Affirmative Action Plans

Has your organization ever considered switching from “establishment” AAPs to functional affirmative action plans (“FAAPs”)? OFCCP wants contractors to consider moving to FAAPs and, in that spirit, is looking to make FAAPs more attractive by proposing new FAAP requirements that would lighten the burden for those who apply for, and those that already have, FAAP agreements with OFCCP. OFCCP last modified the FAAP requirements in 2016 but the program was significantly changed in 2013 to its current structure.

OFCCP’s New Compensation Directive – What You Need to Know

OFCCP’s new Directive on how the OFCCP will review federal contractors’ compensation practices during a compliance evaluation stresses a commitment to transparency and outlines how the Agency it will review data, group employees for analytical purposes, perform statistical analyses, and communicate findings with federal contractors.

PODCAST: What’s the Deal with Federal Contractors and the OFCCP? The Basics

Any employer doing business with the federal government should be aware of the Office of Federal Contract Compliance Programs (OFCCP) and the various laws administered by this agency. In this podcast, Columbia shareholder Leigh Nason discusses OFCCP basics, including how a company can determine if it is a federal contractor and, if so, the three primary laws that apply.

OFCCP Mails Second Round of CSALs

On September 7, 2018, the Office of Federal Contract Compliance Programs (OFCCP) sent a second round of Corporate Scheduling Announcement Letters (CSALs) to 750 contractor establishments.1 The CSAL serves as OFCCP’s “heads up” letter to a contractor that its establishment is on the current compliance evaluation scheduling list.

Check Your Mailbox! OFCCP Just Sent 750 Corporate Scheduling Announcement Letters

On Friday September 7, 2018, the Office of Federal Contract Compliance Programs (OFCCP) mailed 750 corporate scheduling announcement letters (CSALs) to federal contractors and subcontractors. The agency mailed the letters to 445 companies and included 69 corporate management compliance evaluations. OFCCP did not include any universities in this round of CSALs “due to currently available compliance workload.”