It has been a busy morning on the first day of the 2018 ILG National Conference in Anaheim, California. After a dramatic and moving opening presentation, OFCCP Acting Director Craig Leen gave the morning’s Keynote address. Echoing the conference’s “Navigating the Waves of Change” theme, Acting Director Leen spoke to the group about the four pinnacles of change the current administration is focused on, which are:
Articles Discussing the OFCCP (Office of Federal Contract Compliance Programs)
Change at the Top: Ondray Harris Stepping Down as OFCCP Director
Littler has confirmed that Ondray Harris will be stepping down as head of the Department of Labor’s Office of Federal Contractor Compliance Programs (OFCCP) effective July 27, 2018. Mr. Harris will be replaced by Deputy Director Craig Leen, who will serve as the Acting Director.
Only One Item On OFCCP’s Spring Regulatory Agenda: TRICARE
Today, the Trump Administration released its Spring 2018 Unified Agenda of Regulatory and Deregulatory Actions, which “reports on the actions administrative agencies plan to issue in the near and long term.”
OFCCP Clarifies Methodology for Contractor Audit Selection
On April 18, 2018, in another step signaling increased transparency for federal contractors, OFCCP issued a release describing its methodology for selecting and scheduling federal contractors for audit in 2018.
Are Employers Willing to Risk Getting PAID?
Last month, the DOL announced the Payroll Audit Independent Determination program (“PAID”), a self-auditing program designed to encourage employers to uncover and voluntarily report potential minimum wage and overtime violations and avoid the risk of penalties or liquidated damages that would be imposed if the Agency discovered the violations in the first instance. We initially discussed the PAID program here.
Affirmative Action Training May Be Your Best Friend
Many hospitals and healthcare facilities are federal contractors. Jackson Lewis regularly provides specialized assistance in developing and implementing affirmative action plans (AAPs).
U.S. Department of Labor Announces Self-Audit Program
Mistakes happen. But when those mistakes result in a violation of the Fair Labor Standards Act, what is an employer to do? Pay twice the amount of wages owed to cover both back wages and an amount equal to liquidated damages? Hope no one notices? Well, thanks to the Wage and Hour Division (WHD) of the DOL, another option is now available to provide “make whole” relief to the employees and a binding release of FLSA claims for the employer, without the agency penalties and without the liquidated damages that may provide nothing more than a windfall to employees who have received all wages due.
Scheduling letters to federal contractors go out soon. Is your company ready for an audit by the OFCCP?
A thousand or more federal contractor and subcontractor establishments will receive audit scheduling letters in the next few weeks because they have been picked for a compliance review by the government—and it is not too late to make sure affirmative action plans are ready for close scrutiny.
Proposed Budget Seeks to Cut DOL Funds
The highly anticipated proposed budget released today by the White House included expected budget cuts for the U.S. Department of Labor. While cutting funds for the DOL, the proposed budget did not resurrect the previously raised possible merger of OFCCP and EEOC.
Kate O’Scannlain Confirmed for Solicitor
Kate O’Scannlain was confirmed as the Solicitor of Labor for the U.S. Department of Labor by the Senate on December 21, 2017. O’Scannlain will serve as the Agency’s top lawyer, helping the Labor Department set the policy and enforcement agenda. Prior to her confirmation, O’Scannlain was a partner at Kirkland & Ellis, LLP.
Breaking News: New OFCCP Director Identified
The U.S. Department of Labor has quietly identified a new Director of the Office of Federal Contract Compliance Programs. An industry news outlet is reporting DOL has confirmed Ondray T. Harris will be the new head of the agency. A new update to OFCCP’s website lists him as the Director of the Agency. Interim Director Tom Dowd is listed as the Deputy Director.
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.
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.
OFCCP Announces Dates for Contractor Town Hall Meetings
Following up on Interim Director Tom Dowd’s recent commitment for more agency transparency and communication, OFCCP has announced three upcoming town hall meetings. In its announcement, OFCCP stated the purpose of the town halls were to obtain contractor views and learn about contractor experiences implementing and managing nondiscrimination and equal employment opportunity requirements to allow OFCCP “”to enhance the scope and quality of [its]compliance assistance through contractor outreach and education materials.”