Articles Discussing the OFCCP (Office of Federal Contract Compliance Programs)

Today, OFCCP under new Director Jenny Yang published a 2022 Corporate Scheduling Announcement List (CSAL) identifying those establishments of federal contractors and subcontractors that it will schedule for compliance evaluations – more commonly known as “audits” – over the next year or more.  Included with the new CSAL is OFCCP’s

The June 30, 2022 deadline is quickly approaching for covered supply and service federal contractors and subcontractors to certify in the Contractor Portal they have developed and maintained AAPs.  This week, OFCCP added an option allowing bulk upload and modification of establishments and functional affirmative action plan (FAAP) business units.

Speaking to the Institute For Workplace Equality during its 2022 Annual Summit in Washington D.C., personnel from the U.S. Department of Labor Solicitor’s office (OFCCP’s attorneys) clarified the intent of the Agency’s new Compensation Directive 2022-01.  Speaking to conference attendees, Beverly Dankowitz, Associate Solicitor for the Civil Rights and Labor-

On March 31, 2022, the Office of Federal Contract Compliance Programs (OFCCP) released its second directive of the year, Directive 2022-02, entitled “Effective Compliance Evaluations and Enforcement.”

On March 31, 2022, the Office of Federal Contract Compliance Programs (OFCCP) released its second directive of the year, Directive 2022-02, entitled “Effective Compliance Evaluations and Enforcement.”

On March 31, 2022, OFCCP issued Directive 2022-02, Effective Compliance Evaluations & Enforcement, rescinding four Directives issued during the last Administration:

On March 31, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a new Directive 2022-02.  Its stated purpose is to provide “transparency on OFCCP’s compliance evaluation policies and expectations for contractors”—but upon review, it appears to be a retreat from the standards of transparency, certainty, and efficiency

The Office of Federal Contract Compliance Programs (OFCCP) has released its 2022 Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) hiring benchmark. The new benchmark, effective March 31, 2022, is 5.5 percent, a decrease from the 2021 benchmark of 5.6 percent. The VEVRAA hiring benchmark was established in 2014, and this

OFCCP’s second Directive under the leadership of Director Jenny Yang addresses audit practices and rescinding four Directives issued by former OFCCP Director, Craig Leen.  This Directive comes on the heels of another new Directive 2022-01-Pay Equity Audits and a notice of the Agency’s intention to rescind a Leen-era regulation –

A project labor agreement (PLA) will be required prior to awarding federal construction projects valued at $35 million or more to any construction contractors and subcontractors under the Executive Order on Use of Project Labor Agreements for Federal Construction Projects signed by President Joe Biden while visiting Ironworkers Local 5 in Marlboro, Maryland, in February of 2022. This Order is consistent with Biden’s campaign promise to be the most union-friendly president in U.S. history.

Directive 2022-02: Effective Compliance Evaluations and Enforcement issued March 31, 2022 is intended to

strengthen OFCCP compliance evaluations and reduce delay by promoting the timely exchange of information

It also sets a number of expectations for contractor conduct and compliance during reviews, rescinding a number of previous Directives that set

On March 21, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a Notice of Proposed Rulemaking (NPRM) dialing back the level of transparency and evidentiary standards for issuing pre-enforcement notices of a violation (NOVs) required by the November 2020 final rule titled Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures to Resolve Potential Employment Discrimination. The 2020 Rule, colloquially referred to as “the PDN Rule,” was applauded by the contractor community for its transparency and adherence to legal precedent. 

As anticipated, OFCCP has released its proposal to revise the Agency’s Rule on Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures to Resolve Potential Employment Discrimination.  The final rule, published in November 2020, codified the used of The Predetermination Notice and the Notice of Violation as part of OFCCP’s enforcement

On March 21, 2022, the Office of Federal Contract Compliance Programs (OFCCP) announced that it would publish a notice of proposed rulemaking (NPRM), entitled “Pre-enforcement Notice and Conciliation Procedures,” in the Federal Register on March 22, 2022. OFCCP’s proposal would modify a 2020 final rule that had codified various procedures

On March 15, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a new Directive clarifying covered contractors’ obligation to conduct pay equity audits on an annual basis. Quite notably, the OFCCP issued the new Directive on Equal Pay Day. Directive 2022-01, Pay Equity Audits, clarifies OFCCP’s expectations with respect to contractors’ compliance with the regulatory requirement in 41 CFR 60-2.17(b)(3) to perform an in-depth analysis of their total employment process, including their compensation program, to determine whether there are impediments to equal employment opportunity such as gender- or race/ethnicity-based pay disparities.