Friday, November 5, 2021

Yesterday, in conjunction with the release of the new OSHA Emergency Temporary Standard (ETS) requiring most large employers to require that their employees are vaccinated against COVID-19, the White House announced that it would delay the vaccination deadline applicable to covered federal contractors under Executive Order 14042 until January 4, 2022 to coincide with the ETS deadline.

White House Fact Sheet senior administration official and has not yet been published in guidance from the White House Safer Federal Workforce Task Force or any federal contracting agency, to the best of our knowledge. We will discuss the delayed effective date of the contractor vaccination mandate along with the new ETS in a Virtual Member Roundtable on Friday, November 12, 2021, at 2:00 p.m. EST. In the meantime, if you have any questions, please feel free to contact any one of our compliance policy experts at 202-629-5650 or info@cwc.org

 

 
Thursday, November 4, 2021

The Department of Labor’s Occupational Safety and Health Administration has released the text of an Emergency Temporary Standard (ETS) that requires most large employers (100 or more employees) to require their employees to be vaccinated against COVID-19 or submit to weekly testing. The standard does not apply to any worksites already covered by the federal contractor vaccination mandate. Most provisions of the ETS are scheduled to go into effect in 30 days, with testing required for unvaccinated employees beginning January 4, 2022. The ETS also requires employers to maintain records of each employee’s vaccination status and provide paid time off for employees to receive the required vaccines and recover from any side effects.

CWC intends to publish an in depth memorandum next week analyzing the ETS and we have scheduled a Virtual Member Roundtable to discuss the ETS on Friday, November 12, 2021, at 2:00 p.m. EST. Members can registerhere.

In the meantime, if you have any questions, please feel free to contact any one of our compliance policy experts at 202-629-5650 or info@cwc.org

 
Thursday, September 9, 2021

CWC members are most likely aware that today President Biden announced several initiatives designed to increase the COVID-19 vaccination rate in the United States. These include an Executive Order (E.O.) that the White House describes as mandating vaccinations for federal contractor employees.

Unfortunately, at this time the documents released by the White House have raised more questions than answers as key compliance questions depend on forthcoming guidance from the White House. CWC is carefully studying the E.O. and related material and will release a more complete analysis early next week.

In the meantime, if you have any questions, please feel free to contact any one of our compliance policy experts at 202-629-5650 or info@cwc.org

 
Thursday, January 21, 2021

Wasting no time, President Biden has named former EEOC Chair Jenny Yang as the new Director of the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP). Ms. Yang, a Democrat, was a Commissioner at the Equal Employment Opportunity Commission from 2013 to 2018 under both the Obama and Trump Administrations, and served as EEOC Chair from 2014-2017. CWC members may recall that as Chair, Ms. Yang championed for the collection of pay and hours worked data using the federal Employer Information (EEO-1) Report, and what ultimately became known as EEO-1 "Component 2."

The swift move in naming a new OFCCP Director is unprecedented, and signals that the Biden Administration is prepared to move forward immediately with what we expect will be an ambitious regulatory agenda that is likely to include the collection and reporting of employers' compensation data. For context, former OFCCP Director Patricia Shiu was not installed until September of the first year of the Obama Administration, and former OFCCP Director Ondray Harris was not selected until December of the first year of the Trump Administration.

This is a rapidly evolving development, and CWC will be issuing new guidance and analysis on Director Yang's initiatives as we learn more information.

In the meantime, if you have any questions, please don’t hesitate to contact one of our contract compliance policy experts at (202) 629-5650 or info@cwc.org. Please note that at this time, CWC’s offices remain in telework status. All calls to staff members are being forwarded, and all messages left on our program line are being immediately forwarded to the appropriate staff member for handling.

 
Wednesday, December 23, 2020

Today, the Federal District Court for the Northern District of California issued a nationwide preliminary injunction preventing enforcement of key parts of President Trump’s Executive Order (E.O.) 13950, Combatting Race and Sex Stereotyping. The injunction prevents the Labor Department, and other federal enforcement agencies, from enforcing the provisions of the E.O. applicable to federal contractors and grant recipients. According to the court, the E.O. appears to violate federal contractors’ free speech rights and appears unconstitutionally vague because it is impossible to know what conduct is prohibited. Unless overturned on appeal, the injunction will remain in place while the court considers the merits of the legal challenge in Santa Cruz Lesbian & Gay Community Center v. Trump.

CWC plans to publish a memorandum next week with additional details on this development and what it means for federal contractors. In the meantime, if you have any questions, please feel free to contact any one of our compliance policy experts at 202-629-5650 or info@cwc.org. Please note that at this time, CWC's offices remain in telework status. All calls to staff members are forwarded, and all messages left on our program line are being immediately forwarded to the appropriate staff member for handling.

 
Wednesday, September 23, 2020

President Trump has issued a new Executive Order that, among other things, prohibits federal contractors and subcontractors from using any workplace training program that “inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating.” According to the E.O., this includes the concept that “an individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex” and the concept that “any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex.”

Please note that the E.O.’s provisions impacting federal contractors only apply to new federal contracts entered into 60 days from the date this EO was issued (i.e., beginning on November 21, 2020). Existing contracts and subcontracts are not subject to the E.O. However, please note that it is likely the E.O. will be interpreted to also apply to contracts that are renewed or modified on or after November 21. The new E.O. also requires the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) to publish in the Federal Register, no later than October 22, 2020, a “request for information” asking federal contractors and subcontractors to submit copies of any diversity training, as well as the duration, frequency and costs of such training.

CWC will publish a memo analyzing the new EO in detail in the immediate future. In the meantime, if you have questions please don’t hesitate to contact one of our contract compliance policy experts at (202) 629-5650 or info@cwc.org. Please note that at this time, CWC’s offices remain in telework status. All calls to staff members are being forwarded, and all messages left on our program line are being immediately forwarded to the appropriate staff member for handling.

 
Friday, September 18, 2020

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has revised and re-posted its fiscal year 2020 Corporate Scheduling Announcement Lists (CSALs), which the agency first posted on OFCCP’s website last Friday. The lists, which identify 2,450 federal contractor establishments (or functions) for an upcoming compliance evaluation, have been revised in a number of ways. Some federal contractors lost or gained an evaluation, and the evaluation types have changed in some cases (for example promotion reviews have been replaced with establishment reviews, and vice versa).

Although OFCCP has not provided an explanation as to why the scheduling lists were revised, CWC has been able to confirm with OFCCP officials that the CSALs now posted on the agency’s website are indeed the correct ones. We also encourage CWC members to review our recent memorandum evaluating the CSALs and OFCCP’s recently-announced promotion and accommodation focused reviews. The memorandum has been updated to include the revised CSALs.

If you have any questions, please don’t hesitate to contact one of our contract compliance policy experts at (202) 629-5650 or info@cwc.org.

 
Thursday, May 7, 2020

Today, the Equal Employment Opportunity Commission (EEOC) announced that due to COVID-19, it is postponing the collection of 2019 EEO-1 "Component 1" data until next year. The EEOC is still awaiting clearance from the White House Office of Management and Budget (OMB) to collect 2019 Component 1 data, and has decided that in light of the disruption caused by COVID-19, once OMB's expected approval is given it will make more sense to collect the 2019 data, along with 2020 data, beginning in March 2021 in conjunction with the normal EEO-1 filing deadline. A notice from the EEOC announcing the postponement is expected to be published in tomorrow's Federal Register. CWC plans to publish a memorandum next week with additional details on this development and what it means for EEO-1 filers. In the meantime, if you have any questions, please feel free to contact one of our compliance policy experts at 202-629-5650 or info@cwc.org.

 
Tuesday, March 24, 2020

CWC is pleased to announce the launch of our COVID-19 Resources webpage as a service to our members and other interested employers who are trying to manage the impact of COVID-19 on their workplace legal and compliance requirements. The webpage includes: answers to Frequently Asked Questions received through our MemberAssist service; updates on federal, state, and local developments; and links to resources such as CWC memos and government guidance. CWC’s staff will continuously update the page with COVID-19-related compliance and risk management developments at both the federal and state levels. The site also will provide employers with practical takeaways and how-to tips for substantive workplace-related developments. We have also launched a new CONNECT forum dedicated to COVID-19 issues for our members to securely communicate with each other on the many challenges posed by this evolving pandemic. If you have any workplace compliance or risk management questions related to COVID-19, or if you’d like to make us aware of any developments we might have missed, please email us at info@cwc.org or call at (202) 629-5650 to contact one of our COVID-19 Task Force members. If your company is not a CWC member but you find this resource to be helpful, you can learn more about CWC on our website. 

 
Monday, February 3, 2020

As some of our members have noticed, the official Paperwork Reduction Act clearance for OFCCP’s Voluntary Self-Identification of Disability form (“Form CC-305”) expired on January 31, 2020. And while a slightly revised version of Form CC-305 was submitted to the Office of Management and Budget for approval that same day, it could be several weeks before OMB acts.

Under standard OMB procedures, OFCCP is expected to get official permission to continue requiring the current version of Form CC-305 until OMB takes action on OFCCP’s proposed revisions. Meantime, OFCCP has updated its website to advise employers to continue using the current – and now technically expired –Form CC-305.

We’ll provide additional information on this development as we get it, but we wanted to make sure that all of our members were aware of OFCCP’s position on this issue given the January 31, 2020 expiration date on the current Form CC-305. If you have any questions, please don’t hesitate to contact one of our contract compliance policy experts at (202) 629-5650 or info@cwc.org.

 
Friday, November 22, 2019

In a notice released today and scheduled to be published in the Federal Register next week, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has announced that it will not “request, accept, or use” any of the EEO-1 “Component 2” wage and hours-worked data submitted by federal contractors to the Equal Employment Opportunity Commission (EEOC). According to OFCCP, it has evaluated the Component 2 tool and has determined that the data derived from it simply is “too broad to provide much utility” to OFCCP in its efforts to identify and correct unlawful pay discrimination.

Thus, to the extent that interested parties seek to bypass the EEOC – which has already indicated it considers Component 2 pay data to be confidential – and obtain such information from OFCCP via a Freedom of Information Act (FOIA) request, OFCCP is in essence saying that it won’t have any information to provide in response to such a request.

Of particular note, OFCCP's announcement states – as CWC has maintained since the data collection tool was first proposed by the EEOC – that because Component 2 data is collected in a highly aggregated format, it does not provide the type of detail that would enable OFCCP to compare the pay of employees who are actually (not just theoretically) similarly situated as called for by Title VII principles the agency applies in enforcing Executive Order 11246. OFCCP notes that because the “up-to-date” employee-level compensation data it receives from contractors during compliance evaluations allows it to make such comparisons in identifying potential indicators of pay discrimination, it simply “does not need EEO-1 Component 2 pay data for that purpose.”

CWC will be publishing a Memorandum further analyzing the compliance implications of OFCCP’s announcement next week and will continue to update CWC members on important developments regarding the Component 2 data collection. If you have any questions, please don’t hesitate to contact one of our contract compliance policy experts at (202) 629-5650 or info@cwc.org.

 
Tuesday, November 19, 2019

In the past few days we’ve heard from several CWC members regarding a letter they’ve received from the National Council on Disability (NCD) asking for information about their utilization of subminimum wages for employees with disabilities. The NCD is an independent federal agency charged with, among other things, making recommendations regarding policies, programs, practices, and procedures that affect individuals with disabilities. The letter specifically requests responses by November 21 to the following questions:

1. The number of employees and subcontractors, including employees and subcontractors in your supply chain, with whom the Fair Labor Standards Act (FLSA) Section 14(c) Certificate Program is utilized and employees paid subminimum wages, broken out by type of worker;
2. The names of the subcontractors your business utilizes, if any, that pay their employees subminimum wages;
3. How long your business has utilized the services of those subcontractors, and/or utilized 14(c) subminimum wage employment; and 4. Why your business has chosen to utilize 14(c) subminimum wage employment.

Most of the questions we’ve received from our members have involved whether they are required to respond to the NCD letter. Although the NCD is a federal agency responsible for assessing policy impacting individuals with disabilities, it has no authority to require a response. Accordingly, while all of our members are encouraged to consider responding to the survey in order to enhance the data being collected, it is ultimately each member’s decision whether and when to do so. In the meantime, if you have any questions, please feel free to contact any one of our compliance policy experts at 202-629-5650 or info@cwc.org

 

 
Friday, September 27, 2019

Today, the EEOC announced that it would continue to accept EEO-1 Component 2 data from employers after the formal September 30, 2019 deadline. The announcement, which came via a Status Report filed with the federal district court that ordered the data collection, indicates that the EEOC intends to leave the Component 2 portal open to collect data as long as the court’s order remains in effect, stating that the collection "will not be complete until it reaches what the Court has determined to be the target response rate." As of Wednesday, September 25, approximately 40 percent of eligible filers had completed submission of their EEO-1 Reports. The current target for the collection to be deemed “complete” is 72.7 percent.

As a practical matter, this means that while no formal “extension” has been granted, employers who have experienced difficulty filing their Component 2 reports due to technical issues will still be able to file after the September 30, 2019 deadline. At this point, however, we have no way of knowing how long that window will be, so employers are encouraged to file as soon as possible.

We will continue to update you on important developments regarding the Component 2 data collection. In the meantime, if you have any questions, please feel free to contact one of our compliance policy experts at 202-629-5650 or info@cwc.org .

 
Tuesday, September 24, 2019

This morning, the Labor Department’s Wage and Hour Division released its final rule revising overtime regulations for executive, administrative, and professional employees. The rule is scheduled to go into effect on January 1, 2020. Highlights in the final rule include:

  • an increase in the minimum salary level necessary to qualify as exempt from $455 per week ($23,660 per year) to $684 per week ($35,568 per year);
  • an increase in the total annual compensation requirement for “highly compensated employees” from $100,000 to $107,432 per year; and
  • a provision allowing employers to attribute a portion of nondiscretionary bonuses and incentive payments toward the minimum salary level.

The final rule has not yet been published in the Federal Register, but is available on DOL’s website. CWC plans to publish a more detailed analysis this week. In the meantime, if you have any questions, please feel free to contact one of our compliance policy experts at 202-629-5650 or info@cwc.org.

 
Friday, August 2, 2019

Today, OFCCP announced that it is releasing several new compliance resources that will be available on its new Compliance Assistance Guides webpage. These resources will include several recordkeeping guides, a guide regarding posting and notice requirements, an applicant tracking guide, and technical assistance guides for supply and service as well as construction contracts. While OFCCP’s website is now active, several of the guides are not yet available.

CWC will provide additional information about the new compliance guides in a forthcoming memorandum. In the meantime, if you have any questions, please feel free to contact one of our compliance policy experts at 202-629-5650 or info@cwc.org.

 
Tuesday, July 11, 2019

The EEOC last night published its much-anticipated file specifications for the 2017 and 2018 EEO-1 “Component 2” reports that must be filed with the Commission by September 30, 2019.

As expected, the file specifications will require employers to submit their 2017 and 2018 Component 2 pay and hours-worked data either by: (1) directly entering those data into an online form (available on July 15, 2019); or (2) by uploading a comma separated value (CSV) file through a secure file upload system (available in mid-August 2019). The new file specifications have been designed to “narrow” the width of these CSV files. According to the EEOC, this should help simplify the file production and uploading process.

Once the detailed establishment-specific pay and hours-worked data are submitted, employers will be required to use the EEOC’s online filing system to enter “employer-level” (or company-wide) information, such as responses to questions about the employer’s overall reporting status and information on the employer’s contact person and certifying official.

Given the number of establishments and records our member employers will be required to report, we expect that most CWC members will choose the CSV file upload option. We therefore recommend that the newly released file specifications be forwarded immediately to your human resources systems group for evaluation and processing. Once again, these Component 2 reports are due to the EEOC by September 30, 2019.

Our memo analyzing these file specifications and providing additional information on this year’s Component 2 reporting requirements will be published tomorrow, July 12, 2019. In the meantime, if you have any questions, please feel free to contact one of our compliance policy experts at 202-629-5650 or info@cwc.org.

 
Tuesday, July 2, 2019

For the first time since a federal court ordered the restoration of EEO-1 “Component 2” reporting requirements, the Equal Employment Opportunity Commission (EEOC) has published a set of answers to Frequently Asked Questions (FAQs) on the Component 2 filing website maintained by the EEOC’s contractor, NORC. Until now, the Component 2 filing website had merely served as a landing page with little guidance or information on what employers can expect.

While the 28 new FAQs present some additional guidance for EEO-1 filers, many of the responses are based on previously published materials, such as the EEO-1 instructions published in 2016.

CWC continues to collect questions from members with respect to EEO-1 Component 2 reporting for the EEOC’s attention and we welcome your questions about what additional guidance would be most helpful. We intend to relay these questions to the EEOC to ensure that appropriate agency guidance is being provided. In the meantime, if you have any questions, please feel free to contact one of our compliance policy experts at 202-629-5650 or info@cwc.org.

 
Monday, May 6, 2019

Late Friday evening, as we previously indicated might happen, the U.S. Department of Justice filed a  Notice of its intention to appeal a federal court order in National Women's Law Center v. OMB reinstating the requirement for employers to report pay and hours-worked data (Component 2 data) on their EEO-1 Reports.

It is too soon to say precisely what the practical impact will be of the government’s decision to file its Notice of Appeal. It should be emphasized, however, that the filing of the Notice does not relieve contractors of their obligation to report Component 2 data for Calendar Years 2017 and 2018 by September 30, 2019, in conformance with the district court’s decision.

CWC will provide further details in a memo to be published later this week, and we will continue to keep you posted as additional details become available. In the meantime, if you have any questions, please feel free to contact one of our compliance policy experts at 202-629-5650 or info@cwc.org.

 

 
Thursday, May 2, 2019

The Equal Employment Opportunity Commission (EEOC) announced today that employers will be required to report pay and hours-worked data for both 2017 and 2018 using the newly reinstated EEO-1 Report “Component 2” by September 30, 2019. As previously announced, the EEOC intends to begin collecting the data in mid-July and will notify stakeholders of the precise date as soon as it is available.

CWC will provide further details in a memo to be published tomorrow, and we will continue to keep you posted as additional details become available. In the meantime, if you have any questions, please feel free to contact one of our compliance policy experts at 202-629-5650 or info@cwc.org.

 
Monday, April 29, 2019

Today, in response to a court order last issued last week (see Memorandum 19-086), the Equal Employment Opportunity Commission (EEOC) posted a notice on its website notifying employers that they should begin preparing to submit calendar-year 2018 pay and hours-worked data using the newly reinstated EEO-1 Report “Component 2” by September 30, 2019. According to the notice, the EEOC intends to begin collecting Component 2 data in mid-July and will notify stakeholders of the precise date as soon as it is available.

The notice also advises employers to continue using the currently open EEO-1 portal to submit their Component 1 data by May 31, 2019.

The EEOC is expected to post an additional notice by Friday, May 3, notifying employers whether they will also be required to submit Component 2 data for calendar year 2017 at the same time as they submit their 2018 data, or whether the Commission will instead require employers to submit the new Component 2 data only for 2018 this year, and then again for 2019 next year. We will keep you posted as additional details become available, but given the importance of this issue, we wanted to alert you to this development now. In the meantime, if you have any questions, please feel free to contact one of our compliance policy experts at 202-629-5650 or info@cwc.org.

 
Thursday, April 25, 2019

Not unexpectedly, the federal district court for the District of Columbia today ordered the Equal Employment Opportunity Commission (EEOC) to collect “component 2” pay and hours-worked data for Calendar Year 2018 from employers on a revised EEO-1 Report by September 30, 2019, and ordered the EEOC to notify employers of this mandate by next Monday, April 29.

The court also ruled that employers will be required to submit a second year of pay and hours-worked data – either for Calendar Year 2017, to be submitted by September 30, 2019, or for calendar year 2019, to be submitted in 2020 - and has given the EEOC until May 3, 2019, to determine which year of additional data to collect.

We will have additional information after the EEOC publishes its mandate on Monday, and we will issue a memorandum shortly thereafter providing details. CWC members are cautioned that there still could be additional developments in this matter, for example, the government could still appeal the court’s ruling, and we will advise you immediately if something occurs.

In the meantime, if you have any questions, please feel free to contact one of our compliance policy experts at 202-629-5650 or info@cwc.org.

 
Friday, April 12, 2019

OFCCP today proposed extensive changes to the agency’s various letters used for scheduling federal contractors for compliance evaluations under Executive Order 11246, Section 503 of the Rehabilitation Act (Section 503), and Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). The proposed changes will impact the data and information federal contractors must provide in response to routine compliance reviews, corporate management compliance evaluations and compliance checks, as well as focused reviews under Section 503 and VEVRAA.

With respect to the agency’s desk audit scheduling letter and itemized listing, in addition to the information already provided in the response to a compliance review, OFCCP’s proposal would require the submission of:

  • The contractor’s most recent analysis of compensation data to determine whether there are gender-, race-, or ethnicity-based disparities;
  • An availability analysis that will consider the incumbency and availability by job group for individual races and ethnicities, in addition to the availability of minorities in the aggregate;
  • Promotion “pools” for each job group or job title, by race, ethnicity, and sex; and
  • A list of the contractor’s three largest subcontractors based on contract value.

OFCCP has also proposed significant changes to its Section 503 focused review letter, which was just released last fall, and has also proposed a corresponding VEVRAA focused review letter. Under the new letters, contractors would be required to submit employee-level compensation data by disability or veteran status, as well as applicant- and employee-level logs of applicant, hire, promotion, and termination activity.

OFCCP’s proposed compliance evaluation scheduling letters are available for download here. Comments on the changes are due by June 11, 2019, and CWC will be filing comments.

CWC will issue a memo next week providing more details about the proposed scheduling letters, and the practical implications these changes may have for our members.In the meantime, if you have any questions, please feel free to contact one of our compliance policy experts at 202-629-5650 or info@cwc.org.

 
Thursday, April 4, 2019

Multiple sources are reporting that employers must report summary compensation and hours-worked data on a revised EEO-1 Report by September 30, 2019. This is an inaccurate characterization of a legal filing made last night.

As CWC members know, in 2016 the EEOC approved major modifications to the EEO-1 Report that would require employers to file summary compensation and hours-worked data for each establishment, but before those modifications went into effect, the White House Office of Management and Budget (OMB) suspended them. Early last month, a federal district court ruled that OMB’s suspension was unlawful, and two weeks ago the judge in that case directed the government to respond to questions related to implementing the 2016 EEO-1 modifications.

Last night, the Department of Justice made a filing with the court that stated the EEOC “is able to undertake and close the collection of 2018 EEO-1” compensation and hours-worked data by September 30, 2019. While employers may eventually have to comply by this deadline, the judge has not issued any additional ruling and the EEOC has not communicated any new plans for collecting these pay and hours-worked data from employers. In other words, it is simply premature to state that last night’s DOJ court filing amounts to the establishment of a September 30, 2019 filing deadline for the revised EEO-1 form.

CWC plans to publish additional analysis of the developments in this case and the status of the pay data reporting requirements in the near future as further information becomes available. Our analysis will include a discussion of the amicus curiae brief filed with the court this morning by CWC and other business groups.In the meantime, if you have any questions, please feel free to contact one of our compliance policy experts at 202-629-5650 or info@cwc.org.

 
Monday, March 25, 2019

OFCCP today released its much-anticipated Fiscal Year 2019 audit scheduling list for supply and service contractors. The list identifies 3,500 federal contractor establishments (or functions) selected not only for routine compliance reviews, but also for corporate management compliance evaluations (CMCE), compliance checks, and importantly, OFCCP’s recently announced focused reviews of compliance with Section 503 of the Rehabilitation Act.

The scheduling list, which is available on OFCCP’s website, indicates the specific type of compliance evaluation that each of these 3,500 establishments or functions will undergo. OFCCP has confirmed that no more than 15 establishments (or functions) per parent company will be scheduled for a review as part of this scheduling list, and that consistent with past practice, there will be a 45-day period between publication of the scheduling list (today) and the day OFCCP will begin sending scheduling letters.

In addition to publishing the scheduling list itself, OFCCP also posted a document laying out the methodology it used to generate that list. This document reveals that OFCCP has begun implementing another recommendation contained in a 2016 report by the Government Accountability Office. This recommendation urged OFCCP to target industries that, based on the agency’s audit experience, have had higher overall rates of discrimination findings. The methodology document states that OFCCP reviewed past conciliation agreements and determined that federal contractors in three industries – Agriculture, Manufacturing, and Wholesale Trade – had the highest rates of discrimination findings over the past five years. As a result, approximately one-third of the establishments and functions on OFCCP’s FY19 scheduling list come from these three industries.

CWC will issue a memo later this week providing more details about OFCCP’s new scheduling list, scheduling methodology, answers to new frequently asked questions, and the practical implications to our members. We will also be hosting a members-only web workshop on Thursday, April 4, 2019, from 1:00 to 3:00 p.m. EDT to address the new scheduling list. This web workshop also will provide our members with step-by-step guidance on preparing for OFCCP’s new Section 503 focused reviews. The web workshop is open only to CWC members, and there is no cost to attend.

To register, please visit: https://cwc.org/cwc/Training/Web_Workshops.aspx.

In the meantime, if you have any questions, please feel free to contact one of our compliance policy experts at 202-629-5650 or info@cwc.org.

 
Monday, March 18, 2019

Today, the Equal Employment Opportunity Commission (EEOC) opened its portal to allow employers to file their 2018 EEO-1 Reports. As we previously reported, the status was unclear after a federal court ruling appeared to reinstate revisions to the EEO-1 Report made during the Obama Administration that would expand the EEO-1 Report to capture summary pay and hours worked data. In opening the portal, the EEOC did not directly address the court’s decision, except to state that it is “working diligently on next steps” and that it “will provide further information as soon as possible.” As things currently stand, employers have until May 31, 2019, to submit their EEO-1 Reports. We anticipate publishing additional materials regarding 2019 filing later this week.

In the meantime, if you have any questions, please feel free to contact one of our compliance policy experts at 202-629-5650 or info@cwc.org.

 
Friday, February 1, 2019

As a follow up to our policy alert sent last week regarding a delay in the opening of the 2018 EEO-1 filing season stemming from the partial government shutdown, the EEOC announced this morning that the 2018 EEO-1 filing season is scheduled to begin in March with reports due by May 31, 2019. More details will follow in a CWC memo next week.In the meantime, if you have any questions, please feel free to contact one of our compliance policy experts at 202-629-5650 or info@cwc.org.

 
Tuesday, January 29, 2019

The U.S. Department of Homeland Security (DHS) has announced that the E-Verify system, which was closed during the partial government shutdown, is back up and running. DHS indicates that employers using the system will have until February 11, 2019, to create E-Verify cases for employees who were hired while E-Verify was not available.

E-verify users normally are required to create a new E-Verify “case” within three business days after a new employee starts work. In addition, if the system is unable to confirm employment eligibility and a “tentative non-confirmation” (TNC) is issued, tight timelines apply for the employee to take steps to resolve the issue. During the period that E-Verify was suspended, however, employers were unable to create new cases, and employees may not have been able to resolve TNCs.

According to additional guidance for employers issued by DHS in conjunction with E-Verify going back online, employers of employees who may have received a TNC are required to revise “Referral Date Confirmation” forms by adding ten business days to the deadline the employee has to begin contesting the TNC. The guidance also addresses the timelines applicable to federal contractors, who are required to participate in E-Verify, by stating that deadlines should be extended by one day for each calendar date that E-Verify was unavailable. Covered federal contractors with additional questions are directed to contact their contracting officers.

CWC members with any questions are also encouraged to contact one of our compliance experts at (202) 629-5650 or info@cwc.org.

In addition, a complete discussion of this issue and others related to the government shutdown—and its re-opening—will be featured at our upcoming Policy Conference, which will be held from March 6-8, 2019, in Washington, DC.

Register online today or give us a call to take advantage of group discounts.

 
Thursday, January 24, 2019

According to senior staff in Acting Chair Lipnic’s office, the Equal Employment Opportunity Commission (EEOC) will delay both the opening of the EEO-1 online filing system and any communication with employers about how to access the system until funding is restored. The EEOC will determine whether to extend the EEO-1 filing deadline at a later date.

Typically the EEOC sends information to covered employers regarding the time period that the online system will be open, along with instructions for how to submit reports, about two months prior to the filing deadline. However, due to the partial government shutdown, the EEOC cannot proceed with this process. Under the current filing schedule, covered employers must file their 2018 EEO-1 reports by March 31, 2019 (using a data snapshot generated during the fourth quarter of 2018).

CWC will publish additional information about this year’s filing period for EEO-1 reports as it becomes available. In addition, the EEO-1 filing obligation and the impact of the government shutdown will be featured at our upcoming Policy Conferencewhich will be held from March 6-8, 2019, in Washington, DC. In the meantime, please do not hesitate to contact us with any questions related to this or any other workplace compliance matter.

 

 

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