OFCCP May Request Data That Post-Dates Scheduling Letter, Appeal Board Rules
The Office of Federal Contract Compliance Programs has regulatory authority to request data beyond the date of a scheduling letter where the request is motivated by a "deficiency," such as discriminatory adverse impact, discovered during a compliance review.
US DOL Judges Require Production of AAP Data Beyond Date of OFCCP Scheduling Letter
The U.S. Department of Labor's (DOL) Administrative Review Board (ARB) recently issued a decision requiring an employer to produce OFCCP data well beyond the date of an OFCCP scheduling letter. See OFCCP v. Frito-Lay Inc., DOL ARB, No. 10-132, 5/8/12 [released 5/10/12]).
Employers Should be on the Lookout for New OFCCP Letters
The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) recently released a wave of “heads up” letters that are designed to place government contractors on notice that certain facilities will be selected for an actual OFCCP compliance review during the next several months.
OFCCP Sends Out Large Round of Corporate Scheduling Announcement Letters With a New Twist
The Office of Federal Contract Compliance Programs has sent out a new round of Corporate Scheduling Announcement Letters (“CSALs”) to federal contractors and subcontractors with establishments slated for compliance review during OFCCP’s current fiscal year, ending September 30, 2012.
OFCCP Rescinds Medical Providers Directive, But Still Leaves Uncertainty for Some
The Office of Federal Contract Compliance Programs announced April 25, 2012 the immediate rescission of Enforcement Directive 293 regarding coverage of healthcare providers.
OFCCP Rescinds Medical Providers Directive, But Still Leaves Uncertainty for Some
The Office of Federal Contract Compliance Programs announced April 25, 2012 the immediate rescission of Enforcement Directive 293 regarding coverage of healthcare providers.
OFCCP Rescinds Directive 293, Creates Further Jurisdictional Uncertainty over Healthcare Providers
The Office of Federal Contract Compliance Programs has announced the rescission of Directive 293, which the Agency previously relied on to establish jurisdiction over healthcare providers and insurers, including participants in TRICARE. In addition, Directive 293 stated contractors could not limit OFCCP jurisdiction contractually in subcontract agreements. The April 25th announcement was made during a webinar called, “Status of Pending Compliance Evaluations of Entities that Participate in TRICARE Networks.” The rescission, viewed with current pending litigation, results in uncertainty and confusion: uncertainty for the healthcare provider community as to whether they are subject to OFCCP jurisdiction and confusion for the Agency on how to proceed with existing compliance reviews.
OFCCP Jurisdiction Over Health Care Entities
The Office of Federal Contract Compliance Programs (OFCCP) has rescinded its December 2010 enforcement directive (No. 293) which provided guidance on when health care providers or insurers may be considered federal contractors. The OFCCP has also stated that it will put on hold scheduled compliance evaluations where the only basis for jurisdiction over an entity is its participation in TRICARE. The OFCCP announced these decisions during an agency webinar on April 25, 2012.
Congress Holds Oversight Hearing on Aggressive OFCCP Enforcement
The U.S. House of Representatives’ Committee on Education and the Workforce has conducted a hearing, “Reviewing the Impact of the Office of Federal Contract Compliance Programs’ Regulatory and Enforcement Actions,” to discuss the potential ramifications of OFCCP’s proposed regulations and enforcement activity. Significantly, this is the first time such a hearing has been held since 1996. Witnesses included individuals both critical and supportive of the Agency. There is no specific “outcome” expected from the hearing.
Littler Shareholder Alissa Horvitz Testifies at House Subcommittee Hearing Examining OFCCP Initiatives
During a hearing conducted on Wednesday by the House Subcommittee on Health, Employment, Labor, and Pensions, panelists – including Littler shareholder Alissa Horvitz – debated the merits of recent regulatory and enforcement initiatives established by the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). According to Horvitz, while the OFCCP’s mission is a laudable one that should be supported, many in the business community are becoming frustrated with the overly burdensome requirements that the agency imposes on federal contractors. Within the past couple of years the OFCCP has instituted a number significant policy and regulatory changes. Horvitz testified (pdf) that a number of employers are terminating their contracts with the federal government while others are deciding not to become government contractors because of the onerous compliance barriers imposed.
