September 12, 2023
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Category: Agency Enforcement

OFCCP Posts New “CSAL” List Targeting 1,000 Establishments for Compliance Audits

Following recent actions by the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) that include adoption of a burdensome scheduling letter and revised evidentiary standards for alleged compliance violations, OFCCP has posted online a new Corporate Scheduling Announcement List (CSAL) targeting 1,000 federal contractor establishments for an upcoming compliance evaluation. The related methodology indicates that the list consists primarily of federal contractors in...
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September 11, 2023
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Category: Government Contracts

New Law Banning TikTok on Government Devices Is Impacting Federal Contractors

The “No TikTok on Government Devices Act”—which Congress passed in December as part of the omnibus spending bill—has compliance implications for federal contractors. A few weeks ago, the Federal Acquisition Regulatory (FAR) Council published an Interim Rule to implement the new law. The interim rule requires federal contracting agencies to insert into new contracts a clause prohibiting the contractor from...
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August 28, 2023
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Category: Agency Enforcement

OMB Approves OFCCP’s Burdensome New Scheduling Letter

The White House Office of Management and Budget (OMB) has approved major changes to the Scheduling Letter used by the Office of Federal Contract Compliance Programs (OFCCP) to schedule federal contractors for routine compliance audits. The new version of the letter, which will be valid through August 31, 2026, will substantially increase a contractor’s burden of providing data to the...
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August 02, 2023
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Category: Government Contracts

DOL Revises Disclosure Form “LM-10” To Require Employers To ID Federal Contractor Status

An employer that is required to disclose its payments to anti-union consultants to the Labor Department’s Office of Labor-Management Standards (OLMS) will now have to indicate whether it is a federal contractor. OLMS said the revisions to Form LM-10 were necessary because of increased public interest in anti-union “persuader” activities. The revisions are also consistent with the Biden Administration’s efforts...
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July 11, 2023
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Category: Disability, Accommodations, and Leaves

OFCCP Makes Available Multiple Foreign Language Versions of Its CC-305 Disability Self-ID Form

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has posted on its website several foreign language versions of its prescribed disability self-identification form (CC-305). Until now, the CC-305—which a covered federal contractor must use, without modification, to comply with OFCCP requirements to collect applicant and employee disability data—has been available only in English. Contractors are not required to...
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June 26, 2023
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Category: Affirmative Action and Diversity

“Unit Number” Issue Is Complicating OFCCP AAP-VI Portal Compliance

As the June 29, 2023, deadline approached for federal contractors and subcontractors to certify compliance with their AAP obligations via the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) online AAP-VI portal, an issue involving unit numbers arose for some federal contractors. OFCCP’s Contractor Portal requires every AAP establishment listing to have a unique Unit Number that aligns with the...
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June 19, 2023
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Category: Government Contracts

Supreme Court Hones Standard for Establishing False Claims Act Liability

The U.S. Supreme Court has ruled that a company can be liable under the federal False Claims Act (FCA) for making a false claim against the government if the company knew or should have known that the claim was false, even if the claim was objectively reasonable. The decision is United States ex rel. Schutte v. SuperValu, Inc. (June 1,...
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June 14, 2023
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Category: Affirmative Action and Diversity

OFCCP Reminds Federal Contractors That AAP-VI Certification Deadline Is June 29

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has notified federal contractors that the 2023 deadline for certifying compliance via the agency’s online “Affirmative Action Program Verification Interface (AAP-VI)” Contractor Portal is June 29. Contractors that fail to meet the deadline are more likely to be targeted for a compliance audit, the agency warned. Members of the Center...
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June 14, 2023
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Category: Agency Enforcement

OFCCP Posts “CSAL” Targeting 250 Construction Contractor Establishments for Compliance Audits

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has posted a new Corporate Scheduling Announcement List (CSAL) identifying 250 federal and federally assisted construction contractors and subcontractors that are flagged for an upcoming compliance evaluation. According to the accompanying methodology posted by OFCCP, the new list consists of construction contractors “with the highest aggregated contract value for all contract work performed in...
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June 11, 2023
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Category: Agency Enforcement

OFCCP Gets Okay From OMB To Begin Using New Pre-Complaint Inquiry Form

The White House Office of Management and Budget (OMB) has approved a request from the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) to begin using a new “pre-complaint” inquiry form (new Form CC-390) designed to improve the efficiency of its discrimination complaint process. Beginning November 1, 2023, a federal contractor employee will be required to complete a Form...
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