If your company was one of the 375 government contractors or
subcontractors who recently received a Scheduling Letter from the
Office of Federal Contractor Compliance Programs (OFCCP),
you're probably not reading this post. You're too busy
scrambling to pull together responses to the 22 items in the
Scheduling Letter and Itemized Listing and making sure your
affirmative action plans are up to date.
But if you didn't receive a scheduling
order... read on.
Now is a perfect time to check up on your company's
compliance with the various requirements imposed on federal
contractors and subcontractors, so that you're ready when you
do receive notice of an OFCCP audit. Every
contractor knows that it must maintain affirmative action plans for
minorities and women and for the disabled and protected veterans
and that it must file EEO-1 and VETS-4212 forms once a year. But
are you confident that you're complying with all the other
OFCCP obligations on federal contractors? Here is a quick checklist
you can use to make sure your company is in compliance. Are
Communicating with managers about
affirmative action goals in their areas?
Tracking your outreach efforts for
individuals with disabilities and veterans?
Periodically inviting current
employees to self-identify as disabled and reminding them of their
Posting jobs with the state
employment service delivery system?
Documenting reasonable accommodations
provided to employees?
Assessing your applicants, hires,
promotions and terminations to ensure that there is no
discrimination against protected groups?
Posting all the notices required by
the OFCCP, including the OFCCP supplement to the EEO is the Law
poster, your affirmative action policy statement, the Employee
Rights Under the National Labor Relations Act poster and the
E-Verify Participation and Right to Work posters?
Updating your Pay Transparency Policy
Statement on both the posting and in your employee handbook to
address the OFCCP's new requirement that the Policy Statement
include a citation to the regulations?
Including the clauses required by the
OFCCP in all your covered subcontracts and purchase orders?
If your company has let some of these requirements slide in the
past, now is the time to clean up your compliance –
before you're facing a scheduling letter and
30-day deadline from the OFCCP. This is particularly true if any of
your compliance efforts will require upgrades or enhancements to
your systems (like HRIS (HR Information System) or ATS (applicant
Tracking System)) which may take longer to implement.
My company isn't a government contractor, we just sell to
on-base stores and through a reseller to GSA...
Though this fallacy permeates the business world, it is just
that: a fallacy. The OFCCP provisions are notoriously broad in
their applicability, flowing down through all forms of
subcontracts. This includes sales to all the various military
exchanges (AAFES, NEXCOM/NAVEX, MCX, and the Coast Guard Exchanges)
as well as selling to companies reselling your commercially
available off-the-shelf (COTS) items to the government.
What's the one thing you don't need to worry about
Executive Order 13673. On March 29, 2017, President Trump
officially revoked this Executive Order, which required federal
contractors to report virtually any labor law violations, provide
statements of all hours worked, overtime and deductions to
employees each pay period, and eliminate mandatory arbitration
agreements with employees.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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Congress entered into its spring recess on April 7 having delivered regulatory reforms to President Trump's desk. In the first 75 days of the Trump administration, legislators approved 13 Congressional Review Act resolutions, with President Trump signing 11 thus far.
The U.S. Court of Federal Claims recently issued a decision arising from work at an Oklahoma dam that contains two holdings on Type I differing site condition claims helpful for contractors asserting such claims.
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