OFCCP Releases Updated Employment Referral Resource Directory

OFCCP Releases Updated Employment Referral Resource Directory

Reasonable Accommodations for Religious Observances

Reasonable Accommodations for Religious Observances

CSAL What to do if you are on the list

2020 NILG Virtual Conf Aug Sept Highlights

NEW ‘DIGEST OF EEO LAW’ ISSUED BY EEOC

NEW ‘DIGEST OF EEO LAW’ ISSUED BY EEOC

Executive Order on Aligning Federal Contracting and Hiring Practices with the Interests of American Workers

On August 3, 2020, President Donald J. Trump issued an Executive Order (EO) to address the use of temporary foreign labor for contracts performed in the United States. The EO directs Federal agencies and departments to conduct a review of contracts and subcontracts awarded in 2018 and 2019 fiscal years to assess the following:

• whether contractors and/or subcontractors used temporary foreign labor to perform work; the nature of the work performed; if opportunities for American workers were affected by such hiring; and if there were any potential effects on national security as a result.
• whether contractors and/or subcontractors performed work in foreign countries when work was previously conducted in the United States, and if so, were American workers affected by the offshoring; whether affected workers were eligible for assistance under the Trade Act of 1974; and if there were any potential effects on national security as a result.

The head of each agency is required to assess any negative impact of contractors’ foreign labor hiring practices and propose action. They are also required to coordinate with the Director of the Office of Personnel Management to review employment practices and ensure compliance with Executive Order 11935 of September 2, 1976 (Citizenship Requirements for Federal Employment) as well as Section 704 of the Consolidated Appropriations Act, 2020, Public Law 116-93. A summary report of each agency’s assessment is due to the Director of the Office of Management and Budget within 120 days of the Executive Order. The guidance provided in the Executive Order does not clearly define how the departments will carry out their assessments. However, it does require that their summaries include the results of their reviews and recommendations of corrective action, if necessary.

Lastly, the Executive Order directs the Secretaries of Labor and Homeland Security to take action, as appropriate and consistent with law, within 45 days of the order, to protect United States workers from and adverse effects on wages and working conditions caused by third party employment.

DOL Posts FFCRA & SCA Guidance for Federal Contractors

Last week, the Wage and Hour Division (WHD) of the U.S Department of Labor (DOL) updated their COVID-19 and the American Workplace page to include COVID-19 and the Service Contract Act: Questions and Answers. The WHD previously posted information regarding the Families First Coronavirus Response Act that went into effect on April 1, 2020. The newest Q & A page builds upon the original guidance as to include the handling of fringe benefits for federal contractors covered by the Service Contract Act and the Davis-Bacon Act. The page also addresses paid sick leave as established by Executive Order 13706.

EEOC DELAYS EEO DATA COLLECTIONS DUE TO COVID-19

EEOC DELAYS EEO DATA COLLECTIONS DUE TO COVID-19

For Immediate Release
May 7, 2020
Media inquiries: newsroom@eeoc.gov

WASHINGTON -- The U.S. Equal Employment Opportunity Commission (EEOC) will delay the anticipated opening of the 2019 EEO-1 Component 1 data collection and the 2020 EEO-3 and EEO-5 data collections because of the Coronavirus Disease 2019 (COVID-19) public health emergency, the agency announced today in a Federal Register notice.

The EEO (equal employment opportunity) surveys collect data from employers in different sectors of the workforce. The EEOC was planning to open the following EEO surveys in 2020: the 2019 EEO-1
Component 1 (Employer Information Report); the 2020 EEO-3 (Local Report); and the 2020 EEO-5 (Elementary-Secondary Staff Information Report).

The EEOC recognizes the impact that the current public health emergency is having on workplaces across America and the challenges that both employers and employees alike are now facing. Filers of the EEO-1, EEO-3and EEO-5, which include private sector employers, local referral unions, and public elementary and secondary school districts, are dealing with unique and urgent issues. Delaying the collections until 2021 will ensure that EEO filers are better positioned to provide accurate, valid and reliable data in a timely manner.

EEO-1, EEO-3 and EEO-5 filers should begin preparing to submit data in 2021. Pending approval from the Office of Management and Budget under the Paperwork Reduction Act (PRA) the EEOC would expect to begin collecting the 2019 and 2020 EEO-1 Component 1 in March 2021 and will notify filers of the precise date the surveys will open as soon as it is available. The EEOC would expect to begin
collecting the 2020 EEO-3 and the 2020 EEO-5 in January 2021 and will notify filers of the precise date the surveys will open as soon as it is available.

In addition to updates to the agency website, the EEOC will be reaching out directly to EEO-1, 3, and 5 filers regarding the delayed opening of the surveys.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employ­ment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.

Revisions to OFCCP Scheduling Letters Have Been Approved

Recently, the Office of Management and Budget (OMB) approved updated scheduling letters for use by the Office of Federal Contract Compliance Programs (OFCCP) to initiate Supply & Service and Construction Contractor compliance evaluations.

On the OFCCP's website, copies of the approved letters have been posted for Compliance Checks, Section 503 Focused Reviews as well as VEVRAA Focused Reviews. This is the first time the scheduling letter for VEVRAA Focused reviews has been released and the format appears to resemble that of the Section 503 letter.

For the most part, the updates to existing letters appear to simplify language without adding additional components or requirements. All of the approved letters are effectively immediately with an expiration date of April 30, 2023.

EEOC ISSUES UPDATED COVID-19 TECHNICAL ASSISTANCE PUBLICATION

EEOC ISSUES UPDATED COVID-19 TECHNICAL ASSISTANCE PUBLICATION

For Immediate Release
April 17, 2020

 

EEOC ISSUES UPDATED COVID-19
TECHNICAL ASSISTANCE PUBLICATION

Contains Q&A Section of Common Workplace Questions

WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) today posted an updated and expanded technical assistance publication addressing questions arising under the Federal Equal Employment Opportunity Laws related to the COVID-19 pandemic.  

The publication, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” expands on a previous publication that focused on the ADA and Rehabilitation Act, and adds questions-and-answers to anticipating return to work situations, making reasonable accommodations, and harassment.

In response to inquiries from the public, the EEOC has provided resources on its website related to the pandemic in an employment context.  The agency will continue to monitor developments and provide assistance to the public as needed.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employ­ment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.

President’s Budget Would Relieve VETS-4212 Filing Requirement for Federal Contractors Who Receive the HIRE Vets Medallion Award

Federal contractors who apply for and receive the 2020 HIRE Vets Medallion Award would not need to submit a VETS-4212 report in the year following receipt of a HIRE Vets Medallion Award under the President’s budget.

Federal contractors and subcontractors with a contract of $150,000 or more are required to report veteran employment data (38 U.S. Code, Section 4212).  The application for the HIRE Vets Medallion Award requires that employers report on their hiring, retention, and support of veterans, including aggregate employment data. Through the passage and signing of the Honoring Investments in Recruiting and Employing American Military Veterans Act of 2017 (“HIRE Vets Act”), the Administration and Congress determined that organizations are worthy of recognition as exemplary veteran employers if they meet the criteria of the HIRE Vets Medallion Award.

The 2020 HIRE Vets Medallion Award Program is now accepting applications! Learn more and apply online at HireVets.gov.

• The Award highlights companies and organizations that have proven their commitment to hire and retain America’s veterans in good, family-sustaining careers
• The HIRE Vets Medallion Award is the only federal-level veterans’ employment award
• The application deadline is April 30, 2020
• Award recipients will receive a certificate and digital images of the medallion for use as part of their marketing and promotional activities
• Annually, nearly 200,000 Transitioning Service members are instructed in the Transition Assistance Program to seek out HIRE Vets Medallion Award recipients on HireVets.gov
• This Award could give you a competitive advantage in the war for talent

If you have any questions, please do not hesitate to contact us at www.hirevets.gov/contact.


Source: Department of Labor HIRE Vets Medallion Program

New Form I-9 Released

New Form I-9 Released

Introducing OFCCP’s Updated Federal Contract Compliance Manual

Introducing OFCCP’s Updated Federal Contract Compliance Manual

EEOC Holds Public Hearing on Proposed EEO-1 Report Amendments

The US Equal Employment Opportunity Commission (EEOC) will hold a public hearing on Wednesday, November 20, 2019 from 9:30 a.m. to noon ET at agency headquarters, 131 M Street, N.E. Washington, D.C. The meeting will be open to public observation.

Pursuant to section 709(c) of the Civil Rights Act of 1964, the Commission is holding a public hearing to discuss the proposed changes to the EEO-1 Report. The proposed changes are described in the Commission's September 12, 2019, Paperwork Reduction Act Notice, 84 Fed. Reg. 48138. In the Notice, the EEOC stated that it was planning to seek approval under the Paperwork Reduction Act to continue administering Component 1 of the EEO-1 survey, which the EEOC had sponsored for many years. The EEOC also said that it is not planning to continue using the EEO-1 Report to collect Component 2 pay data information, which the Commission originally added to the EEO-1 in 2016.

The Commission plans to hear from panels of experts, representing a diverse range of different views. Invited panelists will be given the opportunity to present their views at the hearing, and members of the public have the opportunity to submit comments until November 12, 2019, in response to the Commission's Paperwork Reduction Act Notice.

Seating is limited. Visitors are encouraged to arrive at least 30 minutes before the meeting to be processed through security and escorted to the meeting room. Visitors should bring a government-issued photo identification card to facilitate entry into the building.

Source: EEOC News Release

US Department of Labor Provides Scheduling List for Federal Contractors Subject to Reviews for Compliance with Vietnam Veterans Era Laws

The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) released its first scheduling list solely for reviews focused on compliance with the Vietnam Era Veterans' Readjustment Assistance Act of 1974. These reviews will be similar in scope to reviews OFCCP began earlier in 2019 focused on compliance with its disability law.

OFCCP plans to conduct 500 focused reviews under the VEVRAA, which will include a comprehensive review of a contractor's policies and employment practices as they relate exclusively to VEVRAA. The reviews will ensure that federal contractors and subcontractors comply with their nondiscrimination and affirmative action obligations. In August 2018, OFCCP announced its intent to conduct VEVRAA-focused reviews in Directive 2018-04.

"One of the Office of Federal Contract Compliance Programs' core responsibilities is to assure equal employment opportunity for our veterans," said Office of Federal Contract Compliance Programs Director, Craig E. Leen. "We have a responsibility to honor their service and contributions by ensuring that contractors provide an inclusive and nondiscriminatory workplace."
Contractors can find out if OFCCP has scheduled them for a VEVRAA-focused review by checking the Corporate Scheduling Announcement List in the OFCCP's FOIA Library.

Source: DOL Newsroom

New Technical Assistance Guide for Educational Institutions

New Technical Assistance Guide for Educational Institutions

U.S. DOL Office of Federal Contract Compliance Programs sent this bulletin at 10/11/2019 03:11 PM EDT

Having trouble viewing this email? View it as a webpage. OFCCP Releases New Technical Assistance Guide for Educational Institutions with Federal Contracts OFCCP is committed to providing meaningful compliance assistance for federal contractors to understand federal laws and regulations. To uphold this commitment, we created a new technical assistance guide for educational institutions with federal contracts. These federal contractors can use this technical assistance guide as a self-assessment tool as they create, review, and update their affirmative action programs. Here are some highlights you'll find in the new technical assistance guide for educational institutions: An overview of the equal employment opportunity obligations for federal contractors The required components of affirmative action programs and related information What to expect during an OFCCP compliance evaluation OFCCP helps federal contractors comply with the laws and regulations it enforces and understand the compliance evaluation process. We hope the release of OFCCP's new technical assistance guide will further this aim and serve as a useful tool for educational institutions with federal contracts. Learn More

DOL Issues Final Overtime Rule

News Release

WASHINGTON, DC – Today the U.S. Department of Labor announced a final rule to make 1.3 million American workers eligible for overtime pay under the Fair Labor Standards Act (FLSA)

"For the first time in over 15 years, America's workers will have an update to overtime regulations that will put overtime pay into the pockets of more than a million working Americans," Acting U.S. Secretary of Labor Patrick Pizzella said. "This rule brings a commonsense approach that offers consistency and certainty for employers as well as clarity and prosperity for American workers."

"Today's rule is a thoughtful product informed by public comment, listening sessions, and long-standing calculations," Wage and Hour Division Administrator Cheryl Stanton remarked. "The Wage and Hour Division now turns to help employers comply and ensure that workers will be receiving their overtime pay."

The final rule updates the earnings thresholds necessary to exempt executive, administrative, or professional employees from the FLSA's minimum wage and overtime pay requirements, and allows employers to count a portion of certain bonuses (and commissions) towards meeting the salary level. The new thresholds account for growth in employee earnings since the currently enforced thresholds were set in 2004. In the final rule, the Department is:

• raising the "standard salary level" from the currently enforced level of $455 to $684 per week (equivalent to $35,568 per year for a full-year worker);
• raising the total annual compensation level for "highly compensated employees (HCE)" from the currently-enforced level of $100,000 to $107,432 per year;
• allowing employers to use nondiscretionary bonuses and incentive payments (including commissions) that are paid at least annually to satisfy up to 10 percent of the standard salary level, in recognition of evolving pay practices; and
• revising the special salary levels for workers in U.S. territories and in the motion picture industry.

The final rule will be effective on January 1, 2020.
The increases to the salary thresholds are long overdue in light of wage and salary growth since 2004. Nearly every person who commented on the Department's 2017 Request for Information, participated at listening sessions in 2018 regarding the regulations, or commented on the Notice of Proposed Rulemaking agreed that the thresholds needed to be updated for this reason.

The Department estimates that 1.2 million additional workers will be entitled to minimum wage and overtime pay as a result of the increase to the standard salary level. The Department also estimates that an additional 101,800 workers will be entitled to overtime pay as a result of the increase to the HCE compensation level.

A 2016 final rule to change the overtime thresholds was enjoined by the U.S. District Court for the Eastern District of Texas on November 22, 2016, and was subsequently invalidated by that court. As of November 6, 2017, the U.S. Court of Appeals for the Fifth Circuit has held the appeal in abeyance pending further rulemaking regarding a revised salary threshold. As the 2016 final rule was invalidated, the Department has consistently enforced the 2004 level throughout the last 15 years.

More information about the final rule is available at https://www.dol.gov/whd/overtime2019/.

The Wage and Hour Division's (WHD) mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of the Nation's workforce. WHD enforces Federal minimum wage, overtime pay, recordkeeping, and child labor requirements of the FLSA. WHD also enforces the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the Family and Medical Leave Act, wage garnishment provisions of the Consumer Credit Protection Act, and a number of employment standards and worker protections as provided in several immigration related statutes. Additionally, WHD administers and enforces the prevailing wage requirements of the Davis Bacon Act and the Service Contract Act and other statutes applicable to Federal contracts for construction and for the provision of goods and services.

The mission of the Department of Labor is to foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.


Agency: Wage and Hour Division
Date: September 24, 2019
Release Number: 19-1715-NAT
Contact: Emily Weeks
Phone Number: 202-693-4681
Email: weeks.emily.c@dol.gov

Empowering Employers & Workers: The Workplace Accommodation Toolkit

United States Department of Labor sent this bulletin at 09/23/2019 09:49 AM EDT

Empowering Employers & Workers: The Workplace Accommodation Toolkit Workers with and without disabilities need the right tools and work environments to perform their best on the job. Whether it's the use of a specific type of desk, a technology product, software, or a flexible schedule, no two people work the exact same way, even if they have similar responsibilities. When requested, employers covered by the Americans with Disabilities Act (ADA) and other disability nondiscrimination laws are required to provide accommodations for qualified applicants and workers with disabilities. An accommodation is a modification or adjustment to a job or work environment that enables a qualified person with a disability to apply for or perform a job. The term also encompasses alterations to ensure that a qualified individual with a disability has the same rights and privileges of workers without disabilities. To assist employers, both large and small, the Office of Disability Employment Policy-funded Job Accommodation Network (JAN) recently updated its Workplace Accommodation Toolkit. This online resource includes actionable policies and processes from leading businesses, replicable forms, training presentations, role-play videos, and best practices across all phases of the employment life cycle. As a result, it is an invaluable resource for recruiters, hiring managers, supervisors, reasonable accommodation subject matter experts, technology professionals, and workers with disabilities. Accommodations are at the heart of the ADA's employment provisions. They're also at the heart of a disability-inclusive workplace where all workers feel empowered because they have access to what they need to do their best. If that's the type of work culture you want to foster, open the Workplace Accommodation Toolkit today. To access the Workplace Accommodation Toolkit, visit AskJAN.org/toolkit. For additional news and resources, sign up for ODEP's e-mail updates.

2019 NILG Conference Highlights

2018 EEO-1 Comp 2 Reporting