March 13, 2024
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Category: Affirmative Action and Diversity

OFCCP Intends To Expand Burdensome Construction Contractor Scheduling Letter, Form CC-314

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has announced that it wants to expand the scheduling letter and itemized listing by which it notifies federal construction contractors of a compliance audit. OFCCP also intends to add reporting items to Form CC-314, the Construction Contract Award Notification Requirement. These developments are consistent with the agency’s increased scrutiny of federal...
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March 05, 2024
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Category: Compliance Reporting and Recordkeeping

OFCCP To Reinstate Burdensome Reporting Requirement for Construction Contractors

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has announced its intent to reinstate a revised version of its long-discontinued Form CC-257. If implemented, the revised Monthly Employment Utilization Report will require covered federal construction contractors and subcontractors to report data each month on headcount and work hours by race, ethnicity, sex, and construction trade. OFCCP stopped...
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February 26, 2024
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Category: Compliance Reporting and Recordkeeping

Disclosure of Federal Contractor EEO-1 Reports on Hold After DOL Appeals

A federal court has temporarily stayed its order from December 2023 forcing the Department of Labor (DOL) to release EEO-1 reports from federal contractors that objected to the data’s release. The case arose from a news organization’s Freedom of Information Act (FOIA) request. The U.S. District Court for the Northern District of California on February 16, 2024, put on hold...
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February 26, 2024
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Category: Compensation

OFCCP Publishes FAQs on Using Pay History in Making Employment Decisions

As part of the Biden administration’s effort to keep pay equity in the forefront as a domestic policy priority, the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has published a set of 10 Frequently Asked Questions (FAQs) that reiterate longstanding employment law principles on the role of pay history in employment decisions. OFCCP issued the FAQs on January...
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February 15, 2024
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Category: Comment Letter

CWC’s Comments to OFCCP Urge Burden-Easing Changes to Contractor Portal

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has filed written comments with the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) urging it to reduce the compliance burden posed by its contractor portal. CWC’s comments responded to the agency’s announced intent to seek  approval from the White House Office of Management and Budget (OMB) to...
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January 06, 2024
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Category: Agency Enforcement

OFCCP Audits, Financial Recoveries Increased Notably in FY 2023

There were notable increases in the number of audits conducted by the Office of Federal Contract Compliance Programs (OFCCP) and the monetary remedies it obtained in 2023, according to an analysis of OFCCP data performed by the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association. OFCCP completed 1,056 supply-and-service (i.e., non-construction) compliance evaluation audits in fiscal year (FY) 2023, a...
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January 04, 2024
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Category: Compliance Reporting and Recordkeeping

Federal Court Tells OFCCP To Disclose Consolidated EEO-1 Data, Despite Contractor Objections

A federal district court in California has ordered the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) to turn over federal contractors’ EEO-1 “Type 2” consolidated data in response to a Freedom of Information Act (FOIA) request filed by the Center for Investigative Reporting (CIR), a California-based public interest group. After giving contractors time to object, in April 2023, OFCCP...
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January 04, 2024
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Category: AAP

OFCCP Announces Intent To Extend Contractor Portal Requirements

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has announced that it intends to seek approval from the White House Office of Management and Budget (OMB) to keep using its Contractor Portal, the online tool that allows federal contractors to certify annually that they have developed and maintained Affirmative Action Programs (AAPs) in accordance with OFCCP regulations. The...
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December 14, 2023
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Category: EEOC

Government’s Latest Semi-Annual Regulatory Agenda Shows New Activity by the EEOC

This memo summarizes workplace-related regulatory priorities that the Biden Administration listed in its latest semi-annual regulatory agenda. This memo, as well as a chart prepared by our affiliated nonprofit membership association, the Center for Workplace Compliance (CWC), provide a user-friendly digest of regulatory developments that we are following. Notably, for the first time in several years, the agenda lists several new...
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November 28, 2023
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Category: Compliance Reporting and Recordkeeping

CWC Files “Declaration” Supporting DOL in Ongoing EEO-1 FOIA Litigation

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, filed a declaration with the U.S. District Court for the Northern District of California supporting the objection of the Department of Labor (DOL) to releasing EEO-1 data for which federal contractors claim an exemption under the Freedom of Information Act (FOIA). In response to a request from the Center...
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