NILG Conference Highlights/Take Aways

Here are some take aways/highlights from the NILG Conference I think will be of interest – some of which will already be familiar but reinforces the direction that is being taken. Note, there were no current, pending regulations in play at this time, as was the case last year.   Therefore topics were more centered around implementation of the regulations and Analysis Strategies. Also, Compensation Analysis was also a major topic as well as Outreach for VETS/IWD’s.

Pay Equity Strategic Enforcement:

• President Obama,  by Executive Order in April, 2014, enacted legislation banning federal contractors from disciplining or otherwise discouraging employees and/or applicants from reviewing pay.  It is also noteworthy, that 11 States now have “Pay Secrecy” laws that prohibit retaliating and/or disciplining employees for discussing pay.
• Steering - an area that OFCCP appears to be delving into more and assessing both ways –  are certain groups upwardly or downwardly steered (i.e. are females steered into smaller sales territories, lower pay positions, given worse sales leads, etc.). Research was reviewed that showed that just because a correlation may exist between  certain jobs and pay – it doesn't mean that the pay is caused by the correlation. However, OFCCP begins to assess correlation and a presumption of discrimination will prevail absent business related justifications and/or documented applicant specified preferences. The emphasis here was that contractors should track applicants’ preferences (i.e. regarding shift’s, locations, position, etc .), which becomes crucial in defending potential steering charges.
• There are two primary Statutes under which to bring forth Pay Equity Discrimination charges. Title VII and the Equal Pay Act (EPA), which pre-dates Title VII.

• Title VII: provides the ability to bring forth lawsuits where employees are “similarly situated” - thus, they do not have to be in the same exact job. Also, the positions do not need to be at the same establishment or location.

• Equal Pay Act: This statute is more rigorous. Employees must conduct “substantially equal work” and must be in the same location.  However, there is a preference toward bringing charges under the EPA rather than Title VII and some of the reasons for this preference are as follows:

• The EPA statute provides for strict liability based on 4 criteria. Thus, proof of the intent to discriminate is not necessary.

• The limitation period was significantly expanded by the Lilly Ledbetter decision vs. Title VII, which requires the charge to be filed within 300 days of the discriminatory act. This is not necessary under the EPA.

• The damages that can be awarded are twice that of those that can be awarded under Title VII – and can extend to discrimination regarding “Employee Benefits, Vacation, Bonuses, etc.” not just pay.

• It is not necessary to file an EEOC complaint first as with Title VII, which does require for a complaint to first be filed with the EEOC.

• Standards for evaluating pay differed between EEOC and OFCCP and caused conflict amongst agencies.  OFCCP is looking to use the same standards as the EEOC.   Thus, the reason for rescinding  prior compensation self evaluation guidelines and referring to Title VII as the new standard.  Goal is to use the same standards as the EEOC:

• OFCCP is usually relying on statistical evidence but the 2 SD rule is not hard and fast – looking for patterns and practices – so does not necessarily have to meet the 2 SD result to be identified as an potential pay discrimination issue.
• Starting pay is an area of focus and where pay issues are often identified.  Also, emphasized that prior job pay is not being accepted as an airtight defense for starting pay differentials – perpetuates the disparity. It needs to be justified based on experience for the position, etc. 
• OFCCP  will run regression analysis and this is  done  at the National Office (with a total of 4 Statisticians only – indicated they are looking to hire more at the district level).  CO can run a few initial tests at district level and then decides whether or not it needs to be referred to National, which does all of the true statistical analysis of similarly situated groups and regression.
• FCCP is looking to see if there are legitimate proxy measures (factors) that should be considered (used in the regression analysis) and for the most part reviewing to assess if practices are consistently and “neutrally” applied. They are also getting away from using the terms “Minority/Non-Minority” and moving more toward “Neutrality” across all groups.
• OFCCP is looking to review comparable employees  based on the contractors Pay Data and information gathered during  an interview with the contractor regarding their compensation system.  OFCCP at times may seek to  create further  aggregations of employees for analysis if it seems reasonable based on the information gathered  during the contractor interview.  They stated that it is often time to eliminate employees from the group and not add any in order to  have the correct focus for pay  comparison purposes.
• Anecdotal evidence becomes very important when dealing with individuals and small groups because SD results not possible with smaller statistical groups.

• Suggestions:

• Define who is comparable -create the “Pay Analysis Groups” (PAG),  and they made it very clear that this does not equate to “Job Groups”  (interesting comment I thought), although OFCCP will run analysis by Job Groups so contractors should do so as well.
• When developing PAG’s consider similar work schedules, exemption codes, credentials, demands, qualifications requirements, etc.
• Assess for Neutrality across all groups
• Develop a very standard process for establishing Starting Pay that weights the factors considered by importance.  This will provide the documentation and constituency for defending those potential pay differences.

• Outreach/Recruitment VETS/DISABILITY:

• Made it very clear that ESDS Listing is required and not considered Outreach under the regulations. This is the minimum requirement and will not satisfy requirements for conducting good faith outreach/recruitment efforts.
• Recently Separated Vets do not have to be tracked separately.
• First Implementation Year AAP should include the following – although reporting and documentation not yet required:

• Statement of Expected Outreach (will implement)
• Discussion of Audit & Reporting System Plans (will implement)
• Statement of Hiring Benchmark being adapted (will implement)
• Statement of Utilization Goal being adapted (will implement)
• Suggested the use of automated “Trackers” (offered by THOMAS HOUSTON)

• There will be no IRA’s on the new data requested (vets/disability applicants, hires etc.)
• Not meeting Utilization Goal or Hiring Benchmark is not a violation at this time. These are considered “Aspiration Goals” different from Executive Order 11246 requirements.
• Articulate Goals to Management
• Harness Support of VETS on staff
• Not a Charity Initiative – should not be viewed as such – rather makes sense from business perspective
• Build your Brand as an Employers who truly values and embraces Individuals with Disabilities and Protected Veterans.
• Make sure you are engaging employees- it is not just a “once a year” thing – not just giving it “lip service”

• Audit Strategies -Confirmed that Adverse Impact/Hires and Compensation are leading areas in findings of Audit Violations

• Balance Data – Ensure Accuracy
• Cohort Analysis of Comp Data recommended regardless of  Statistical Analysis by PAG results.
• Discuss compensation with Compensation Manager prior to interview with OFCCP
• AI/Review by Stages of Employment process -  OFCCP not to keen on by requisition review – prefer hiring stage analysis.
• Review Availability stats vs. Apps representation – does the availability definition make sense to the applicant flow representation.

by Maribel Gregory, Project Manager, THOMAS HOUSTON

Educating Your Future Veteran Career and Education Symposium

Please join the US Department of Labor and various colleges/universities and partners for our Veteran Career and Education Symposium scheduled for Tuesday, April 30, 2013 12:30 p.m. – 4:30 p.m. at the U.S. Department of Labor, Cesar Chavez Auditorium 200 Constitution Ave, NW Washington, DC 20210.

Download the flyer

The Department of Labor in conjunction with various partners is proud to offer Transitioning and Military Veterans the opportunity to learn more about their education benefits. The Career and Education Symposium will present information on how to use your benefits to help boost your career and enhance your education. The Symposium will offer valuable advice—for those veterans seeking to continue their education!

Symposium Highlights Include:

• Information on how and when to use your veteran's education benefits
• Advice on enhancing your career through education
• How to obtain federal employment through the new Student Pathways Program
• Information on Veterans Preference and the Federal Hiring Process

Registration is free. Please register at: http://vetsymposium.eventbrite.com/#
The following Colleges/Universities and Partners will be onsite for a panel discussion and have representatives available to answer any questions about their specific colleges and universities.

• Veterans Administrations
• Student Veterans of America
• Excelsior College
• Georgetown University
• Stevenson University
• Northern Virginia Community College
• George Washington University
• American Military University

Source: DOL

This information is intended to be educational and should not be considered legal advice on any specific matter.

U.S. Chamber’s Hiring Our Heroes and Toyota Launch First-of-its-kind Online Resume Tool for Veterans

Personal Branding Resume Engine Captures Entirety of Military Service and Produces a Resume Using Civilian Terms

The U.S. Chamber of Commerce’s Hiring Our Heroes program, Toyota, and Medal of Honor recipient Sgt. Dakota Meyer today introduced the Personal Branding Resume Engine, a first-of-its-kind online tool that captures the entirety of a veteran or transitioning servicemember’s military service and produces a resume in civilian terms. Sgt. Meyer made the announcement at the Chamber’s Hiring Our Heroes job fair today in front of hundreds of job-seeking veterans at the 69th Regiment National Guard Armory in New York City.
 
“We knew from the outset that we faced a challenge in creating a tool that truly encompasses the totality of a servicemember’s military experience and we’ve tested it with veterans who say it goes beyond anything they’ve seen before,” said Lieutenant Colonel Kevin Schmiegel (Ret.), executive director of Hiring Our Heroes. “The Personal Branding Resume Engine does much more than simply capture a veteran’s Military Occupational Specialty (MOS). This will be a game-changing resource for veterans and transitioning servicemembers in their search for meaningful employment.”

“I’ve spent a lot of time with veterans, particularly in the past year with Hiring Our Heroes at job fairs around the country, and the consistent challenge I see everywhere is the need for a skills translation tool,” said Don Esmond, senior advisor, Toyota Motor Sales, Inc. USA. “By partnering with the US Chamber, we’ve been able to produce a Resume Engine that will have a direct, positive impact on helping lower the unemployment rate among veterans.”
 
Hiring Our Heroes and Toyota commissioned D.C. marketing agency iostudio to develop the tool, which factors in awards, deployments, and military experience and helps put them in terms employers can understand. The Resume Engine has been tested and reviewed by human resource directors and recruiters from small businesses to Fortune 500 companies, as well as by veterans and transitioning servicemembers. It is available free of charge for men and women of all ranks and levels of military experience.

The Resume Engine walks veterans through the process of building a resume, step by step. Users create a profile by selecting and describing their specialties, education, jobs, duties, awards and qualifications, with tips to help along the way. The user’s military career history is then translated into more familiar terminology, or “civilian speak,” in the form of a fully-formatted, email-ready resume (plus a printable business card), suitable for submission to applicant tracking systems or human resource professionals. In the future, the site will also generate case-specific job suggestions according to skill set and experience, and will continue to engage veterans through follow-up emails.

“When I left the military I knew I’d be facing a lot of challenges, but one of the biggest hurdles was when it came to applying for civilian jobs and speaking to recruiters and potential employers,” said Sgt. Meyer. “There has been nothing out there like the Personal Branding Resume Engine until now and I think this will change the game for veterans looking to enter the civilian workforce. The thought and research behind the site really show in the result, which is a site completely tailored to walk a veteran step-by-step through building a personal brand and resumes that will rise to the top with employers.”

Hiring Our Heroes launched in March 2011 as a nationwide initiative to help veterans and military spouses find meaningful employment. Working with the U.S. Chamber of Commerce’s vast network of state and local chambers and other strategic partners from the public, private, and non-profit sectors, the goal is to create a movement across America in hundreds of communities where veterans and military families return every day. To date, Hiring Our Heroes has hosted more than 440 hiring fairs in all 50 states, Puerto Rico, and the District of Columbia. More than 18,400 veterans and military spouses have obtained jobs.

The National Chamber Foundation, a non-profit affiliate of the U.S. Chamber of Commerce, is dedicated to identifying and fostering public debate on emerging critical issues. They provide business and government leaders with insight and resources to address tomorrow's challenges.
 
Source: U.S. Chamber of Commerce

This information is intended to be educational and should not be considered legal advice on any specific matter.

U.S. Chamber’s Hiring Our Heroes Joins with Leading Media and Entertainment Companies on Job Search Tool for Veterans

The U.S. Chamber of Commerce Foundation’s Hiring Our Heroes program, in conjunction with the Got Your 6 entertainment campaign, today unveiled a free online job search tool for veterans specific to the entertainment and media industries, the next phase in the development of its Fast Track program. The new industry track is designed to be a one-stop shop for veterans searching for careers in media or entertainment. The announcement came as part of the kickoff of Got Your 6 Veterans Hiring Week, an effort by the entertainment community to raise national awareness of the value in hiring America’s heroes.

“This is a critical next step in the evolution of our Fast Track program as we strive to better inform veterans and transitioning servicemembers about the cities and industries that are demonstrating job growth,” said Lieutenant Colonel Kevin Schmiegel (ret.), executive director of Hiring Our Heroes. “Many of the most recognizable names in Hollywood have stepped up to show their commitment to hiring the men and women who have served our country. This will allow veterans to get A-to-Z guidance on how to find and secure jobs within the entertainment and media industries, and best of all, it’s free for both employers and veterans.”

Participating companies in the entertainment and media track include CBS, Creative Artists Agency, DreamWorks Animation, Fox, Imageworks, NBCUniversal, Sony Pictures Entertainment, and The Walt Disney Company. With the help of national technology leader ConnectEDU, it is the first of 11 industry-specific tracks Hiring Our Heroes will be developing.

“As an Army veteran, I am proud to support the U.S. Chamber’s Hiring Our Heroes Fast Track program,” said Chris Marvin, Managing Director, Got Your 6. “This first-of-its-kind online job search tool will bring together qualified and highly-trained veterans with a variety of opportunities at world class entertainment companies.”

Fast Track integrates the Veterans Job Bank of the federal government’s National Resource Directory into a geographic representation highlighting the 100 Metropolitan Statistical Areas (MSAs) with fastest growing job markets. Each track educates veterans on a particular industry and shows them the critical paths to employment in that industry. Employers have the ability to post to the Veterans Job Bank, review potential candidates, and list job requirements.

Hiring Our Heroes launched in March 2011 as a nationwide initiative to help veterans and military spouses find meaningful employment. Working with the U.S. Chamber of Commerce’s network of 1600 state and local chambers and other strategic partners from the public, private, and non-profit sectors, the goal is to create a movement across America in hundreds of communities where veterans and military families return every day. To date, Hiring Our Heroes has hosted more than 440 hiring fairs in all 50 states, Puerto Rico, and the District of Columbia. More than 18,400 veterans and military spouses have obtained jobs.

Columbia. More than 18,400 veterans and military spouses have obtained jobs.
Got Your 6 is a campaign designed to change the conversation in America such that veterans and military families are seen as civic assets and leaders who will reinvigorate our community. The campaign combines the reach and resources of the top American entertainment studios, networks, guilds and agencies with the expertise and commitment of more than two dozen non-profit organizations. Got Your 6 also enjoys the support of organizations such as Goodwill Industries. Through an extensive media footprint and a set of substantial service commitments, Got Your 6 will ensure successful reintegration of veterans into civilian life. For more information, visit www.gotyour6.org. Be the Change, Inc., an independent 501(c)(3) not-for-profit organization, is the organizing body and fiscal agent for Got Your 6.

Source: U. S. Chamber of Commerce

This information is intended to be educational and should not be considered legal advice on any specific matter.

Supporting Our Service Women

The service of women in American war efforts is older than our nation itself. Women served as battlefield nurses, cannon loaders, spies and more during the American Revolution. Through two World Wars, tens of thousands of army nurses served overseas to care for the wounded. Some 7,000 women served in Southeast Asia during the Vietnam War, and 40,000 by the first war in the Persian Gulf. The most dramatic shift occurred in the last decade, with 200,000 women serving in Iraq and Afghanistan. And the role of women in the military progressed further in January, when the defense secretary announced that our military will officially end its restrictions on women in combat roles exclusively held by men.

Throughout our 100-year history, the Labor Department has stood with our service women, and provided the reintegration services they needed upon returning home. While all veterans and their families deserve our utmost care and attention, women are the fastest-growing demographic within the veterans community and they often face unique challenges in the labor market. Even though women veterans are more likely to have completed some college, a bachelor’s degree or an advanced degree than men, they’re also more likely to have a service-connected disability rating, less likely to be insured and more likely to have no earnings or income – factors that can lead to poverty and homelessness.

New data from the Bureau of Labor Statistics’ Employment Situation of Veterans report, issued yesterday, helps us understand the areas of need within the population of women veterans, and informs our collaborative efforts to provide the job training and employment services on which women veterans depend. According to the report, the 2012 average unemployment rate for women veterans is 8.3 percent, down from 9.1 in 2011, and it is 6.9 percent for veterans who are men, down from 8.3 in 2011. For comparison to the larger population, the 2012 average unemployment rate for women who are not veterans is 7.7 percent, and it is 8.1 for men. One reason for veterans’ improving numbers may be that the economy has been steadily growing, and more people are finding jobs.

For veterans who served from September 2001 to the present − the “Gulf War II” era − the 2012 average unemployment rate was 12.5 percent for women, which was virtually unchanged from 2011, and it was 9.5 percent for men, down from 12.0 in 2011. The reason for these higher rates involves multiple factors. One may be that many Gulf War II-era vets are relatively young, and younger people have higher unemployment rates. Also, we know that many veterans (men and women) tend to work for the government. Most federal, state and local government agencies have been dealing with budget problems for the past several years, and we’re experiencing the only economic recovery that has seen a loss in government jobs. Government agencies simply can’t hire as many new employees, and this particularly affects younger veterans coming home from Iraq and Afghanistan.

The department’s Veterans’ Employment and Training Service administers a number of services and programs, with input from the Women’s Bureau, that provide transition assistance to veterans seeking rewarding careers in the civilian workforce. One tool, My Next Move for Veterans, is an online resource that allows veterans to enter their military occupation code and discover civilian occupations for which they are well qualified. Gulf War II-era veterans also can download the Gold Card, which entitles them to enhanced services − including six months of personalized case management, assessments and counseling − at the roughly 2,800 American Job Centers located across the country. Additionally, the Women’s Bureau is the federal agency leading the charge to tackle women veteran homelessness. Through “stand downs” with women veterans and ongoing research, the bureau developed the Trauma-Informed Care for Women Veterans Experiencing Homelessness: A Guide for Service Providers to help address this issue.

Women veterans are not only warriors and pioneers, but also mothers, caregivers, wives and daughters with urgent economic needs and challenges. They are our sisters-in-arms, and we owe them not only our gratitude, but our unwavering support.

Source: DOL - Keith Kelly is the assistant secretary of the Veterans’ Employment and Training Service and Latifa Lyles is the acting director of the department’s Women’s Bureau.

This information is intended to be educational and should not be considered legal advice on any specific matter.

Outreach to Veterans and People with Disabilities Webinar

Wednesday, March 20, 2013 2:00 PM - 3:00 PM (Eastern Time)

The Topic: “Outreach to Veterans and People with Disabilities – What you need to know about complying with current and potential new regulations”  This is the first of a two-part series addressing the laws and policies protecting individuals with disabilities and veterans. 

 

The Office of Federal Contract Compliance Programs (OFCCP) is increasing the enforcement of hiring veterans and those with disabilities in the workplace. The proposed regulations state a Federal Contractor/Subcontractor will need 7% of their workforce to have a disability, with 2% being a “severe disability.” There are also unemployed veterans trying to enter the workforce, several of those having disabilities.

 

To register for this webinar, click here

 

This information is intended to be educational and should not be considered legal advice on any specific matter.

Recruiting Individuals with Disabilities and Protected Veterans

Federal Contractors are required to take affirmative action to employ and advance in employment individuals with disabilities and protected veterans. Effective outreach, recruitment and retention are essential to this effort. As OFCCP has stated repeatedly, it views the successful placement of these targeted groups as the most telling indicator of whether a Federal Contractor has complied with the requirement and made sufficient good faith efforts. Here are some thoughts to consider as you evaluate the effectiveness of your current recruitment efforts and plan for improving outreach and recruitment in the future.

To read the full article, click here

Source: LocalJobNetwork.com

This information is intended to be educational and should not be considered legal advice on any specific matter.

 

Miami-Dade Veterans Job Fair

On February 21, 2013, the Miami-Dade OFCCP and the S.E. Regional Representative for the Secretary of Labor will be holding a Veterans Job Fair to promote employment opportunity for veterans.  This will be an opportunity for contractors with job openings to speak with veterans who are pre-screened for their potential to fit the particular job opening. 

Date: February 21, 2013
Time: 9 AM - 3 PM
Location: Miami Dade College's Kendall Campus, Academic Support Center
Building R -- 4th Floor -- Conference Room 402
11011 SW 104th St., Miami, Florida 33176

All businesses with job openings and Veterans seeking employment are invited. Workshops will be conducted for employers and job seekers and display tables will be provided to participating employers. This will be an opportunity for contractors with job openings to meet veterans who are pre-screen for the qualifications of the company's job openings.

To participate, businesses should RSVP to Millie Herrera at herrera.m.millie@dol.gov or 305-271-0532.

Click here for a flyer regarding this event.

Source: SFILG

This information is intended to be educational and should not be considered legal advice on any specific matter.

Wal-Mart To Hire Veterans

Wal-Mart, the world's largest retailer and nation's largest private employer, is making a pledge to boost its sourcing from domestic suppliers and hire more than 100,000 veterans.

The plans were to be announced as part of an address by Bill Simon, president and CEO of Wal-Mart's U.S. business, at an annual retail industry convention in New York.

Wal-Mart (WMT) also projects that it will hire more than 100,000 recently discharged veterans in the next five years. Honorably discharged veterans will have a "place to go", says Wal-Mart's Simon, according to prepared text supplied by the discounter. The hiring pledge, which will begin on Memorial Day, covers veterans within 12 months of leaving active duty. Most of the jobs will be in Wal-Mart's stores or its Sam's club locations. Some will be in the company's distribution centers.

"Let's be clear; hiring a veteran can be one of the best decisions any of us can make," Simon plans to say in his address to retailers gathered on the third day of the four-day National Retail Federation convention. "Veterans have a record of performance under pressure. They're quick learners, and they're team players. These are leaders with discipline, training, and a passion for service. There is a seriousness and sense of purpose that the military instills, and we need it today more than ever."

Wal-Mart says it believes it is already the large private employer of veterans in the country. Last year, 225,000 active duty troops became veterans, according to the Department of Veterans Affairs.

The company says that it has spoken to the White House about its commitment, and said the First Lady Michelle Obama's team has already expressed an interest in working with Wal-Mart and with the rest of the business community.

In the next several weeks, the White House will convene the Department of Veterans Affairs, the Department of Defense and major U.S. employers to encourage businesses to make significant commitments to train and employ American's returning veterans, according to Simon's prepared text.

First lady Michelle Obama, who spearheaded a White House drive to encourage businesses to hire veterans, praised Wal-Mart's announcement, calling it "historic."

"We all believe that no one who serves our country should have to fight for a job once they return home," Mrs. Obama said in the statement. "Wal-Mart is setting a groundbreaking example for the private sector to follow."

Source: Associated Press

This information is intended to be educational and should not be considered legal advice on any specific matter.

H2H - Hero 2 Hired

One of the contractor requirements of proposed Veteran regulations is to establish linkages agreements with specific sources (employment delivery systems) for recruiting and outreach.  A specifically named source is: "One or more of the veterans' service organizations listed on the National Resource Directory". 

H2h - Hero 2 Hired is such an organization.  In addition to the benefits of outreach and recruiting with this site, employers can access detailed information about tax credits and other incentives available, including forms and contact information.

Click here to visit H2H - Hero to Hired

Click here to vist our Veteran Resource page for other helpful Veteran links

THOMAS HOUSTON associates, inc. can assist you in meeting the challenges that will arise as a result of the upcoming OFCCP's regulatory efforts. We offer pro-active and proven compliance tools and methods.  For more information on the services offered by THOMAS HOUSTON associates, inc., call (800) 330-9000 or click here to schedule a convenient time to receive a call from a member of our Sales Team.

This information is intended to be educational and should not be considered legal advice on any specific matter.

Honoring Veterans

Honor your Veterans with the this poster from the Department of Veteran Affairs:

Click here to Download

Please visit THOMAS HOUSTON associates, inc. for links to important veterans resources. 

Are You Keeping Up With the Proposed Regulatory Changes?

Take our Quiz

 (answers below)

True or False? 

Proposed changes to the OFCCP Compliance Evaluation Scheduling Letter and Itemized Listing:

1.       The comment period for the proposed changes to the Scheduling Letter and Itemized Listing is closed. 

2.        Item 12 of the proposed itemized listing will require submission of more precise compensation data.

Notification of Employee Rights under the National Labor Relations Act

3.        All private sector employers, subject to the National Labor Relations Act (NLRA), are required to post notices informing their employees of their rights as employees under the NLRA as of November 14, 2011.

OFCCP proposed rule: Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Protected Veterans

4.        The proposed rule will require contractors to maintain referral, applicant and hire data for protected veterans as well as job opening / job fill data for a period of five years.

Answers

 

1.        FALSE –The OFCCP comment period has closed, however The Office of Management and Budget is now requesting comments with regard to the OFCCP request for changes.  The OMB comment period closes 10/28. 

2.        TRUE - The more precise data is individual employee data rather than the aggregate data requested in the current Scheduling Letter.  Additionally, the data will be required “as it existed on the most recent February 1st date”.

3.        FALSE - A Federal contractor will be regarded as complying with the Board’s notice posting rule if it posts the Department of Labor’s “Notice of Employee Rights”.  Additionally the National Labor Relations Board has extended the date from November 14 to January 31, 2012

4.        TRUE – The proposed regulation requires that contractors maintain several quantitative measurements and comparisons (including calculated ratios).  The OFCCP believes that these measurements will provide “important information that does not currently exist” with regard to the number of protected veterans who are referred to or apply for jobs with Federal Contractors.

For information on the affirmative action compliance services offered by THOMAS HOUSTON associates, inc., call 1-800-330-9000 or click here to schedule a convenient time to receive a call from one of our Affirmative Action Consultants. 

Affirmative Action for Veterans = Tax Credits

Title II, Subtitle A, Section 201 of the American Jobs Act 2011 proposed by President Obama would increase the tax credits currently available to employers who hire covered veterans. 

Under current law, the Work Opportunity Tax Credit (WOTC), IRS Form 5884  provides eligibility for a maximum tax credit of $4,800.00 to those employers that hire veterans who have been unemployed for at least six months and have a service-connected disability.  This section of the American Jobs Act 2011 would increase that tax credit to $9,600.00.  This section also creates two new credits for hiring veterans.  This first is a credit of $2,400 for employers that hire veterans who have been unemployed for at least 4 weeks.  The second is a credit of $5,600 for hiring veterans who have been unemployed for at least 6 months.  Under this section these credits are also available to tax-exempt entities and public universities. 

THOMAS HOUSTON associates, inc. can answer your affirmative action questions – just call 1-800-330-9000 or click here to schedule a convenient time to receive a call from one of our Affirmative Action Professionals.

FDIC / NCUA – An Affirmative Action Tie

Financial institutions with federal share and deposit insurance are considered to be government contractors and may be subject to requirements under one or more of the laws enforced by the OFCCP, including the development of an affirmative action program.  Such financial institutions are considered to be government contractors within the meaning of the regulations implementing Executive Order 11246, as amended, the Vietnam Era Veterans' Readjustment Assistance Act of 1974 (VEVRAA), as amended, 38 U.S.C. 4212 and Section 503 of the Rehabilitation Act of 1973 (Section 503), as amended.   

The implementing regulations for Executive Order 11246 at 41 CFR 60-1.3 have consistently defined a government contract as any agreement or agreement modification between any contracting agency and any person for the purchase, sale or use of personal property or nonpersonal services. The term "nonpersonal services" includes, but is not limited to, the following services: utilities, construction, transportation, research, insurance, and fund depository. This definition thus explicitly includes agreements for insurance.

If you would like to discuss your company’s affirmative action requirements, please call, 1-800-330-9000 or click here to schedule a convenient time for a THOMAS HOUSTON professional to call you. 
If you would like to find out more about the services THOMAS HOUSTON, associates, inc. has to offer, please visit our website at:  www.THOMASHOUSTON.com
For more information on OFCCP jurisdiction, click here

President Obama’s Commitment to Employing America’s Veterans

On August 5^th, President Obama visited the Washington Navy Yard and discussed his plans to “ensure that all of America’s veterans have the support they need and deserve when they leave the military, look for a job and enter the civilian workforce”.

The plans include tax credits for firms that hire unemployed veterans and a challenge to the private sector to hire or train unemployed veterans.   Also included are initiatives by the Department of Defense and the Department of Labor to facilitate the transition to the civilian workforce.   The announcement also included significant commitments from a range of private sector partners including Siemens, Microsoft, US Chamber of Commerce, Lockheed Martin, Wal-Mart and AT&T.   

This commitment by the President reinforces the Affirmative Action regulation revisions proposed by the OFCCP which would require more substantive analyses and the use of numerical targets for veterans.  If you would like to discuss how THOMAS HOUSTON associates, inc. can assist in complying with veteran affirmative action requirements, click here.

For a more detailed account the President’s commitment visit http://www.whitehouse.gov/the-press-office/2011/08/05/fact-sheet-president-obama-s-commitment-employing-america-s-veterans

For more information on the affirmative action compliance services offered by THOMAS HOUSTON associates, inc., please visit our corporate website:  www.THOMASHOUSTON.com

Employers! The Rules Are Changing!

“Game Changer”, the term emerging more frequently to describe proposed rules affecting employers, is being passionately applied to recent proposals from the National Labor Relations Board (NLRB) and Office of Labor Management Standards (OLMS).  These proposals, affecting the employer’s rights and obligations with regard to collective bargaining are, among other things, expected to:

• Minimize response time to a union campaign filing
• Mandate disclosure of employee confidential information
• Limit employer ability to freely communicate with employees
• Require reporting on legal counsel advice and other internal communications

In a recent article from Fisher & Phillips, LLP,   NRLB Board member Brian Hays was quoted as saying “Make no mistake, the principal purpose for this radical manipulation of our election process is to minimize, or rather, to effectively eviscerate an employer's legitimate opportunity to express its views about collective bargaining."

Following are more opinions and editorials including an “Action Alert” from SHRM with a suggested comment for submission.   The comment periods for the NLRB and DOL proposed rulings close on August 22.  

    

Chicago Daily Herald - Attack on Employers Rights

Fisher and Phillips LLP - NLRB Actions

Fisher and Phillips LLP - DOL Actions

SHRM Action Alert with Suggested Comment for Submission

CLICK HERE TO SUBMIT COMMENT ON THE NLRB PROPSED RULE

CLICK HERE TO SUBMIT COMMENT ON THE OLMS PROPOSED RULE

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ILG Keynote Highlights

Following are highlights from Director Patricia Shiu’s keynote speech delivered yesterday, July 27,  at the Industry  Liaison Group  (ILG) 2011 National Convention

With regard to Enforcement and Agenda:

·         The OFCCP staff has increased by 35% in the past two years.

·         There is a concerted effort to shift toward more thorough and careful compliance reviews.

·         More focused reviews are being conducted with respect to people with disabilities, protected veterans and pay discrimination.

·         OFCCP is conducting outreach efforts to make sure that employees know that the OFCCP has their backs, and will be their advocate.

·         In the first half of 2011, OFCCP has hosted nearly 1,000 outreach events directed to  community-based groups, veterans’ service organizations, labor unions, employer associations, civil rights leaders, small business owners, first time contractors and directly to workers.

·         Regulations are being revised – “we are going to put some teeth in them and strengthen affirmative action requirements for contractors”.

·         Under the Obama administration, almost $25 million in back wages and interest for more than 42,000 victims of discrimination has been negotiated. 

With regard to upcoming changes to Regulations and Guidance:

Veterans

·         OFCCP is in the process of reviewing the public comments on proposed updates to Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974.

·         The proposed revisions would require that federal contractors and subcontractors conduct more substantive analyses and would require the use of numerical targets.

People with Disabilities

·         In the coming weeks, a series of proposed revisions to Section 503 of the Rehabilitation Act of 1973 will be published for public comment.

·         The proposed revisions will be a “game-changer”.

Equal Pay

·         Eliminating discrimination in compensation is a critical priority for this administration and for OFCCP.

·         A new guidance on compensation discrimination will be issued

Sex Discrimination

·         A new item has been added to the regulatory agenda on sex discrimination.

Click here to learn more about the Affirmative Action compliance services offered by THOMAS HOUSTON associates, inc.

Multi-Agency Misclassification Initiative is Part of the DOL 2012 Budget Request

The 2012 Department of Labor budget includes a new multi-agency Misclassification Initiative that will strengthen and coordinate Federal and State efforts to enforce labor violations that result from the misclassification of employees as “independent contractors” and to deter such violations in the future.

In FY 2012, the Department of Labor will redouble its efforts to combat worker misclassification by investing $46 million for a multi-agency initiative of OFFCP, the Wage and Hour Division, OSHA, the Office of the Solicitor, and the Employment and Training Administration, which will fund state grants that address worker misclassification within the context of the unemployment insurance program. This initiative will help level the playing field for employers who abide by the law and provide employees with their rightful pay and benefits

For WHD, the request of $15,223,000 and 107 FTE will support field investigator training activities and an additional 3,250 investigations. These investigations will be directed to industries that have higher rates of violations, such as construction, child care, home health care, grocery stores, janitorial, business services, poultry and meat processing, and landscaping.

Classification of Independent Contractors is far from “cut and dry”. The Supreme Court has said that there is no definition that solves all problems relating to the employer-employee relationship under the Fair Labor Standards Act (FLSA).  The Court has also said that determination of the relation cannot be based on isolated factors or upon a single characteristic, but depends upon the circumstances of the whole activity. The goal of the analysis is to determine the underlying economic reality of the situation and whether the individual is economically dependent on the supposed employer. In general, an employee, as distinguished from an independent contractor who is engaged in a business of his own, is one who "follows the usual path of an employee" and is dependent on the business that he serves.

Further guidance on making Independent Contractor determinations may be found at the following websites:

Department of Labor - eLaws - Independent Contractor

IRS - Independent Contractor (Self-Employed) or Employee? 

For more information on the services provided by THOMAS HOUSTON associates, please visit our corporate website.