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The New OFCCP Director: Trump Administration to Tap Florida City Attorney

We understand that the Trump administration has chosen Craig E. Leen to serve as senior adviser to U.S. Secretary of Labor Alexander Acosta. Leen, who until recently was the city attorney for Coral Gables, Florida, is anticipated to be the next director of the Office of Federal Contract Compliance Programs (OFCCP).

BREAKING NEWS: Craig Leen Anticipated To Be New OFCCP Director

In an unexpected, but much awaited move, it is anticipated Craig Leen will be named as the new head of the Office of Federal Contract Compliance Programs (“OFCCP”). While the Department of Labor has not formally confirmed or commented on this development, Leen’s appointment would come more than a year after Patricia Shiu departed the position in November 2016. Since that time, Tom Dowd has held the position of interim Director at OFCCP.

Minimum Wage for Federal Contractors Increased Effective January 1, 2018

Effective January 1, 2018, the minimum wage for federal contractors working on or in connection with contracts covered by Executive Order 13658 will be $10.35/ hour. The announcement was made via posting in the federal register on September 15, 2017. The wage rate for tipped employees will also increase to $7.25/hour.

Further Hurricane Relief for Federal Contractors: No Citation for Late Veterans Reports

The U.S. Department of Labor (DOL) recently announced that federal contractors will not be cited for filing their VETS-4212 reports late—as long as they are filed by November 15, 2017. The DOL has made the change in another attempt to accommodate those who have been affected by hurricanes Harvey and Irma.

2018 "Contractor Minimum Wage" Rate Released

The U.S. Labor Department has published the 2018 wage-rate floor required by Executive Order 13658, "Establishing A Minimum Wage for Contractors". Beginning on January 1, 2018, the minimum rate will increase by 15 cents per hour to $10.35 per hour.

VETS-4212 Filing Deadline Extended

VETS has announced a 45-day extension to the 2017 VETS-4212 filing deadline. The deadline has been extended from September 30, 2017 to November 15, 2017. In a post on it’s website, VETS stated

New Federal Contracts Providing Hurricane Relief Get Some Relief From OFCCP Requirements

On August 31, 2017, the U.S. Department of Labor (DOL) announced that the agency will support Hurricane Harvey and Irma relief efforts in a number of ways, including by relaxing federal contractors’ requirements on a temporary basis. As part of the initiative, the Office of Federal Contract Compliance Programs (OFCCP) will be temporarily suspending certain requirements on federal contractors to allow “businesses involved in hurricane relief the ability to prioritize recovery efforts.”

U.S. Senate Opposes OFCCP/EEOC Merger Proposal

In budget measures last week both the U.S. Senate and House signaled the proposed merger between OFCCP and EEOC will soon be nothing but a distant memory. This action comes on the heels of a recent letter from OFCCP Acting Director Tom Dowd who also questioned the efficiency of the proposed merger in light of available alternatives.

Update on OFCCP/EEOC Merger

In a recent letter responding to an inquiry regarding the proposed merger between OFCCP and EEOC, Acting OFCCP Director Tom Dowd detailed the regulatory requirements to undertake a merger, which would take effect in 2019. He also suggested interim alternatives exist to achieve the efficiencies intended by the merger, implying the proposed merger is unlikely to occur.

BREAKING NEWS: Pay Data Reporting Obligation Postponed Indefinitely

We have learned the Office of Information Regulatory Affairs (OIRA) has decided to postpone indefinitely effectiveness of the newly created pay data reporting component of the annual EEO-1 report. In a letter addressed to Acting EEOC Chair, Victoria Lipnic, OIRA explained it has stayed the effectiveness of the new obligation to take time to review data collection requirements and burden estimates associated with the new data reporting obligations.