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OFCCP Issues Opinion Letter on Whether Pell Grants Trigger Federal Contractor Status for Colleges

In an effort to provide additional compliance assistance resources to contractors, the Office of Federal Contract Compliance Programs (OFCCP) issued Directive 2019-03 in late 2018. Under this Directive, OFCCP announced planned enhancements to its Help Desk as well as a process for issuing Opinion Letters that provide guidance on applying OFCCP regulations to fact-specific situations.1 While we wait for OFCCP to complete its planned Help Desk enhancements, the agency recently updated its website with an Opinion Letters link and issued its first Opinion Letter, dated May 20, 2019.

OFCCP Adds to 2019 Rulemaking Agenda

This week the Department of Labor announced its spring 2019 Regulatory Agenda. Included was an new item from OFCCP that was part of its prior published regulatory agenda. As OFCCP previously announced in 2018, its planned rule-making agenda for the near future includes rulemaking to address affirmative action obligations for TRICARE providers (slated for May 2019) and contractor’s use of religious exemptions (slated for June 2019).

Director Leen Shares OFCCP Update

OFCCP Director Craig Leen thinks the Agency has made good progress on implementing “the four pillars” but there is still work to be done.

OFCCP Publishes New Compliance Assistance Materials for Compliance Check Reviews

On May 8, 2019, the Office of Federal Contract Compliance Programs (OFCCP) went live with a new Compliance Checks webpage. Similar to the recent Section 503 focused reviews landing page, the Compliance Checks webpage offers federal contractors a variety of resources that will assist in preparing for and responding to a compliance check review. OFCCP’s new webpage links to:

OFCCP Establishment Review Scheduling Letter Updates

This, our third and final blog in a series discussing the proposed changes to OFCCP’s scheduling letters, takes a look at the Agency’s proposed changes to the establishment review letter and itemized listing.

OFCCP Proposes Revised Scheduling Letter for Compliance Checks

This is the second in our series of blogs on OFCCP’s proposed changes to its various scheduling letters.

OFCCP and ODEP Provide Insights for Good Disability and Inclusion Practices

Last Week, OFCCP Director Craig Leen and Deputy Assistant Secretary of the Office of Disability Employment Policy (“ODEP”) Jennifer Sheehy, joined with the National Industry Liaison Group to discuss disability and inclusion.

Breaking News: OFCCP Proposes Revised Scheduling Letters for Section 503 and VEVRAA Data

On April 12, 2019, OFCCP posted on the Federal Register for Notice and Comment revised scheduling letters for Section 503 and VEVRAA Focused Reviews, Compliance Checks and regular establishment compliance reviews. The proposed Establishment and Focused Review scheduling letters significantly increase the data submission required for veterans and individuals with disabilities, including hiring and compensation information. Comments are due June 11, 2019.

OFCCP Lowers VEVRAA Hiring Benchmark for Fifth Consecutive Year

On March 27, 2019, the Office of Federal Contract Compliance Programs (OFCCP) announced the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA) hiring benchmark for 2019. Effective March 31, 2019, the hiring benchmark will be 5.9 percent, down from 6.4 percent in 2018—marking the fifth reduction of the benchmark since its inception in 2014.

OFCCP Releases Corporate Scheduling Announcement List, Audits Coming Soon

The Office of Federal Contract Compliance Programs (OFCCP) has publicly released its first Corporate Scheduling Announcement List (CSAL) of 2019 on its website on March 25. There are 3,500 establishments on this CSAL. The CSAL advises employers of the company locations targeted for OFCCP audits of their Affirmative Action Program (AAP).