How to Put Action into Your Affirmative Action Webinar Series

Stepping Through the Affirmative Action & Audit Process

June 8 & 9 - 9:00 am til Noon

Implementing an Effective Affirmative Action Program

June 15 & 16 - 9:00 am til Noon

Affirmative Action Data Collection Techniques

June 22 - 9:00 am til Noon

US Labor Department rescinds restrictions on investigating pay discrimination

The U.S. Department of Labor today announced that its Office of Federal Contract Compliance Programs is rescinding two enforcement guidance documents on pay discrimination originally issued in 2006, commonly known as the "Compensation Standards" and "Voluntary Guidelines. "This action, to be effective Feb. 28, is intended to protect workers and strengthen OFCCP's ability to identify and remedy different forms of pay discrimination. It will enable OFCCP to conduct investigations of contractor pay practices consistent with Title VII of the Civil Rights Act of 1964.

"A strong American middle class hinges on ensuring equal pay," said acting Secretary of Labor Seth D. Harris. "As President Obama has made clear, everyone – including the wives, mothers, sisters and daughters among us – must be paid fairly and without discrimination. These new standards will strengthen our ability to ensure that women and men are fully protected under our nation's laws."

The notice of final rescission withdrawing these two documents also includes new guidance for employers and other interested stakeholders setting forth the procedures, analysis and protocols OFCCP will utilize going forward when conducting compensation discrimination investigations. OFCCP will supplement the guidance with frequently asked questions, technical assistance, webinars, and other resources and materials to ensure that contractors have ample information about how to comply with the law.

"Today, we are lifting arbitrary barriers that have prevented our investigators from finding and combating illegal pay discrimination," said OFCCP Director Patricia A. Shiu, a member of the President's National Equal Pay Task Force. "At the same time, we are providing clear guidance for contractors to facilitate their success when it comes to providing equal opportunity to all of their workers."

The new approach described in the notice will enable OFCCP investigators to better examine practices and available evidence to uncover discrimination and evaluate contractor compliance with Executive Order 11246. That longstanding executive order requires federal contractors to comply with antidiscrimination obligations, including prohibitions against pay discrimination. Prior to this action, OFCCP was constrained by a methodology adopted in 2006 that made it harder for the agency to exercise its full legal authority because it required use of the same narrow formula to review all contractor pay practices, regardless of the industry, types of jobs, issues presented or available data. Now, OFCCP will be using its legal authority to hold contractors to the same legal standards – enshrined in Title VII, the landmark civil rights law – that courts and other federal agencies already apply to these businesses to prohibit job discrimination.

For more information, including copies of the notice of final rescission and supporting materials, visit click here.

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

Ground Hog Day at the OFCCP

While Dates for OFCCP’s Revisions to Key Regulations Continue to Shift – Their Enforcement Agenda Does Not

It’s beginning to look a lot like Ground Hog Day, everywhere we go… as the OFCCP’s contractor community enters 2013 with what are perceived by many to be the same “potential game changers” hanging in the wind!

For those tracking OFCCP compliance trends, it might seem that we are reliving the movie “Ground Hog Day.” We started and ended 2012 under the same cloud that has followed us into 2013. Uncertainty surrounding a series of proposed revisions to key regulations has resulted in weariness on the part of the contractor community.

Since OFCCP’s regulatory agenda continues to be widely debated and discussed, we are not going to take time now to re-open the “cloud of potential angst.” However, for those interested in more information related to the pertinent issues at the center of the storm, the following links will take you right to the source for additional information on each – DOL/OFCCP:

• Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Protected Veterans (Final Rule Anticipated: April, 2013)
• Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Individuals with Disabilities (Final Rule Anticipated: April, 2013)
• Nondiscrimination in Compensation—Compensation Data Collection (NPRM Anticipated: June, 2013)
• Sex Discrimination (NPRM Anticipated: August, 2013)
• Construction Contractors’ Affirmative Action Requirements (NPRM Anticipated: October, 2013)

While Synchronized Resources Inc., in partnership with Manchester Consultants and our other business alliances, will continue to track and report back on these and other proposed regulations, we encourage that you not be sided tracked by the “slight of focus” that was created in 2012 and continues to be employed in 2013. Don’t be lured into spending more time debating what “might be and when” rather than remaining focused on what “we know to be required today.” The result is often missed opportunities for progress sanctioned by a climate of uncertainty that for a couple of years now has been used to justify organizational procrastination on these important fronts.

Given OFCCP’s increasing use of aggressive enforcement strategies, this is no time for misdirection regarding the need for effective AAP development and implementation strategies. All the time spent anticipating, debating, and quite frankly, overdramatizing the impact of the proposed regulations, has consumed energy that could be better invested in devising proactive development and implementation strategies that will provide a framework on which to build when the clouds clear.

Source: Synchronized resources inc.

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

OFCCP Leaves No Stone Unturned with Detailed Applicant Documentation Requests

Recent desk audits conducted by the Office of Federal Contract Compliance Programs (OFCCP) include broad follow up requests to provide extensive detail regarding the applicant selection process.

 

Following is an example of one follow up request for one position:

"All documentation (including any hand written notes and or emails)" regarding:

• who made determinations during the selection process (i.e. who made the determination to phone screen);
• interview decisions (i.e. who to forward, who would receive an offer);
• applicant decisions (i.e. not to be considered, to be considered for other positions, to withdraw from the selection process)

"All documentation (including any hand written notes and or emails)" taken during:

• screening
• interviews

"All documentation (including any hand written notes and or emails)" to show that [specified applicants]:

• did not want to be considered;
• did not meet the salary requirements;
• were not a good fit;
• were overqualified;
• did not meet minimum qualifications;
• refused work hours; and/or
• were unable to be contacted.

In anticipation of responding to a similar request, it is important to keep the following objectives in mind:

• Use control measures to ensure all records of selection activity and related documentation are objective and centrally contained; with no extraneous e-mails or personal notes;
• Use position requisition numbers to clearly identify applicants related to each position;
• Follow a consistent process* that includes disposition codes to manage the size and accuracy of applicant flow;
• Use applicant disposition codes that are related to the stated position qualifications;
• After a position is filled, review all applicant records for the position to ensure a disposition code as been assigned.

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.

*Click Here to request a copy of our "Recommended Applicant Process Flow Chart"

For information on the Affirmative Action Program services offered by THOMAS HOUSTON associates, inc., please 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.

Affirmative Action 101 - Pop Quiz

1. Which of the following is NOT true of affirmative action? a. Includes positive steps to remedy the effects of past discrimination. b. Includes placement quotas to ensure equal employment. c. Serves as a management tool to ensure equal employment. d. Includes a diagnostic component that compares minority/female workforce to relevant labor pools. 　2. True or False: Title VII of the Civil Rights Act of 1964 protects white males from discrimination on the basis of race. 　 3. Affirmative Action is required because it: a. Is the law. b. Is a contractual agreement. c. Promotes "best" practices through Action Oriented Programs. d. Optimizes utilization of available labor pools. e. Enhances recruiting efforts. f. All of the aboveA written Affirmative Action Plan (AAP) documents your company's compliance in accordance with applicable Federal regulations. Developing an AAP can be a tedious and often frustrating process. The Project Teams of THOMAS HOUSTON function with a great understanding of these issues. Extensive experience with the concerns and processes of combining government compliance with astute human resource management allows us to alleviate the pressures involved in developing your AAP. For information on the affirmative action preparation 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.

Answers 1. b. Quotas are forbidden. Placement Goals are required in an affirmative action plan. Placement Goals serve as objectives/targets reasonably attainable and to measure progress toward achieving equal employment. 2. True - All races and both sexes are granted protection under Title VII of the Civil Rights Act of 1964. This is illustrated in the October 2010 OFCCP settlement with Tyson Refrigerated Processed Meats. 3. b. Affirmative action is a contractual agreement with a customer - the Federal government. The Office of Federal Contractor Compliance Programs (OFCCP) requires that Federal contractors and subcontractors take affirmative action to ensure that all individuals have an equal opportunity for employment. Although affirmative action itself is not a law, the objectives of civil rights laws are achieved through the practice of affirmative action. Promoting "best" practices through action-oriented programs, optimizing utilization of available labor pools and enhancing recruiting efforts are all important benefits of affirmative action.

Statement by Secretary of Labor Hilda L. Solis on unemployment among veterans

From a March 20 statement by Secretary of Labor Hilda L. Solis:

"President Obama has put into place critical programs that will help our veterans. They include the Vow to Hire Heroes Act, which provides unemployed veterans with additional GI Bill benefits to qualify for jobs in high-demand sectors; the Returning Heroes Tax Credit, which provides incentives to businesses to hire unemployed veterans; and the Wounded Warrior Tax Credit, to encourage the hiring of veterans with service-connected disabilities.

"At the Labor Department, we have introduced the Veterans Gold Card to provide veterans with enhanced, priority services at 3,000 One-Stop Career Centers across the country; My Next Move for Veterans, so that veterans may go online and match their military occupations with civilian jobs; and the Veterans Job Bank Resource Directory, which allows veterans to search more than 500,000 job postings by companies.

"Our veterans have made sacrifices on behalf of the nation, and I ask all employers to renew their commitment to veterans, because the best way to honor our veterans is to employ them. No veteran should have to fight for a job at home after fighting to protect our nation."

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.

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.

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

What's my List?

For each of the items below, identify the appropriate Form I-9 list of acceptable documents for a hire on March 14, 2012:

1. An unexpired, but cancelled US Passport.
2. A school ID card with no expiration date for the school year 2010-2011.
3. A Social Security card with the annotation "For Social Security and Tax Purposes Only".
4. A Social Security card with the annotation "Valid for work only with INS Authorization".
5. An expired driver's license with a paper document from the state department of motor vehicles (DMV) stating that the paper document serves as a temporary license.

(answers below)

__________________________________________________________________________________

Form I-9 Acceptable Documents

List A - The documents on List A show both identity and employment authorization. Employees presenting a List A document should not be asked to present any other document.

List B - The documents in List B show identity only.

List C - The documents in List C show employment authorization only.

Some individuals who present a List A document, such as certain nonimmigrant students and exchange visitors, must also present additional documentation in order to prove their work authorization in the United States.

Generally, employers may choose whether or not to retain copies of documents employees present when completing Form I-9. Employers should uniformly apply the decision to avoid discrimination. However, employers/Federal Contractors who are enrolled in E-Verify are required by the terms of the E-Verify Memorandum of Understanding (MOU) to retain photocopies of employees' EAD cards (Form I-766) and Permanent Resident Cards (Form I-551) with employees' Forms I-9. (Article II.C.5.)

___________________________________________________________

Answers

1.     List A.  A U.S. Passport is acceptable for Form I-9 purposes if it is unexpired. Therefore, a U.S. passport that has been cancelled may still be acceptable for Form I-9 purposes, provided the document is unexpired. The U.S. Department of State cancels otherwise valid and unexpired U.S. passports when issuing renewals.

2.     This school ID card is not an acceptable document for any list for a hire on March 14, 2012. If the document contains no expiration date other than the school year, the school ID expires at the end of the school year printed on the document. All Form I-9 documents must be unexpired.

3.     List C. A Social Security Number is intended to be used for Social Security and tax purposes only (employment deductions), not for identification.

4.     This social security card is not an acceptable document. On September 14, 1992, SSA began printing the legend "VALID FOR WORK ONLY WITH INS AUTHORIZATION" on cards issued to noncitizens lawfully in the U.S. with temporary authority to work. In these cases, employers must look at the noncitizen's INS document to determine if the noncitizen has current authorization to work.

5.   List B. A state-issued temporary driver's license is acceptable provided it contains a photograph or identifying information including name, date of birth, gender, height, eye color, and address. If the temporary driver's license has conditions, such as that the expired license must accompany the temporary driver's license for it to be valid, then those conditions must be followed.

_________________________________________________________________________

Click here for more Q&As on acceptable Form I-9 documents.

THOMAS HOUSTON associates, inc. provides assistance in Form I-9 compliance. For more information on our Form I-9 Audit/Assessment, Self-Paced On-line training or Form I-9 Toolkit, please call 1 (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.

Objectives and Goals of the EEOC Draft Strategic Plan

As required by the Congress of the United States, the United States Equal Employment Opportunity Commission (“the EEOC”) posted its Fiscal Years on January 18. Public Comments may be submitted by 5:00 pm ET on February 1, 2012 at strategic.plan@eeoc.gov or by mail to Office of the Chair, U.S. Equal Employment Opportunity Commission, 131 M Street, NE, Washington, DC 20507. This draft plan has not been approved by the Commission and is still under review.

The Congress of the United States requires Executive departments, Government corporations, and independent establishments to develop and post a strategic plan on their public website every four fiscal years.  The Department of Labor Strategic Plan FY 2011-2016  was posted in September 2010. 
 
The 2012 - 2016 Draft Strategic Plan of the EEOC establishes the following objectives and outcome goals:

1. Combat employment discrimination through strategic law enforcement, with the outcome goals of: 1) having a broad impact in reducing employment discrimination at the national and local levels; and 2) remedying discriminatory practices and securing meaningful relief for victims of discrimination;
2. Prevent employment discrimination through education and outreach, with the outcome goals of: 1) members of the public understand and know how to exercise their right to employment free of discrimination; and 2) employers, unions and employment agencies (covered entities) prevent discrimination and better resolve EEO issues, thereby creating more inclusive workplaces; and
3. Deliver excellent service through effective systems, updated technology, and a skilled and diverse workforce, with the outcome goal of all interactions with the public being timely, of high quality, and informative.

THOMAS HOUSTON associates, inc. can assist in meeting the challenges that will arise as a result of upcoming regulatory efforts. We offer pro-active and proven compliance tools and methods.

For more information on the compliance services offered by THOMAS HOUSTON associates, inc. visit www.thomashouston.com, call (800) 330-9000 or click here to schedule a convenient time for a call from a consultant.

The Doors of the OFCCP are Open for Business

The business of the OFCCP, as emphasized in their new workers brochure; "Opening Doors", is to protect workers, promote diversity and enforce the law. "Opening Doors" also reinforces the statement of commitment voiced by Director Shiu during the 2011 NILG keynote speech: "Affirmative action is our national commitment to right a wrong, to redeem the promise of America by opening doors of opportunity to all workers - even if we have to pry those doors open from time to time."

The brochure's audience is "all workers" and the six page content simplifies the definition and legal requirements of Federal Contractors as well as the enforcement options that the OFCCP may invoke; back wages, job offers and "legal action to end [Federal Contractor's] valuable government contracts". Similar to the EEOC's website solicitations, the brochure encourages workers who feel they have been victims of discrimination to make contact with the enforcement agency: "The OFCCP is eager to help."

As stated in the NILG keynote speech, the OFCCP is making sure that workers know who they are and what they do. Director Shiu shared with the attendees at the NILG convention that OFCCP "outreach efforts are about making sure that [Federal Contractor] employees know that we have their backs, that they can come to us and we will be their advocates". In the first half of 2011, OFCCP hosted nearly 1,000 outreach events for about 26,000 people.

In conjunction with these outreach efforts, the OFCCP is proposing changes to regulations and data collection that touch every part of affirmative action regulations and requirements. 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 affirmative action compliance services offered by THOMAS HOUSTON associates, inc., call (800) 330-9000 or click here to schedule a convenient time for your call.

Read the "Opening Doors" brochure

OMB Requesting Comments on OFCCP Scheduling Letter Changes

*Comments Needed by 10/28/11

The Office of Management and Budget is requesting comments with regard to the OFCCP request for changes to the Scheduling Letter, which is used to schedule Federal contractors for Compliance evaluations.  Also included in this request are significant changes to the Itemized Listing that accompanies the Scheduling Letter.   The general feeling already expressed during the OFCCP comment period is that the OFCCP HAS SIGNIFICANTLY UNDERESTIMATED THE BURDEN THAT THE REQUESTED CHANGES WILL PLACE ON CONTRACTORS.

Despite the majority opinion of those who commented, the OFCCP made only three minor modifications (outlined below) to the original notice of change.  The request for approval submitted by the OFCCP to the OMB summarizes the public comments received and states:  “OFCCP seriously considered the comments we received and the calculation of burden that our proposed changes would create for contractors.  After doing so, we determined that the benefits associated with receiving improved data from contractors and the net reduction of 1.34 hours in total burden hours spent by contractors in supplying OFCCP with that data are the best, most innovative and least burdensome tasks for achieving regulatory ends.” Note:  The burden hours per contractor for the current scheduling letter is 28.35, the initial request for change estimated the burden hours to be reduced to 26.01,  the recent modifications have increased the estimated burden hours per contractor to 27.01.

MODIFICATIONS MADE

The modifications to the request do not reflect the serious consideration of these comments asserted by the OFCCP.  Three minor modifications, none responsive to the comments related to major changes imposing the largest burden, were made to the proposed changes to the Itemized Listing:

1.       Item 8:  Contractor Employment Leave Policies:

a.         providing the option to submit employee handbook / manual or only relevant pages (i.e. TOC and pages with leave policies); and

b.       clarifying the scope of leave policies requested: “Submission of employment leave policies including,  but not limited to, sick leave, medical leave, personal leave, leave for pregnancy, leave for pregnancy related conditions, leave for religious holidays and observances, Family Medical Leave and other leaves of absence; and policies on accommodations for religious holidays and observances.”

2.       Item 11:  Employment Activity (submission by Job Group AND Job Title, individual race / ethnic categories and ‘pool of candidates’):  The only change to this item was an increase in burden from 1 to 2 hours. 

3.       Item 13:  Supporting Documents:  OFCCP is changing the proposed request that contractors submit their VETS-100 and/or 100A forms from the last three years to requesting that they submit such forms for two years (the current year and previous year).

Click here to review the Supporting Statement and assess the impact of this CRITICAL proposed regulation.

For affirmative action 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. 

PREVIOUS COMMENTS SUBMITTED TO THE OFCCP

Included in our blog of July 19 is a sampling of the public comments submitted to the OFCCP as well as a link to view all comments posted.  The public comments contain sound detailed arguments and overwhelmingly encourage the OFCCP to revise or reconsider completely the proposed changes. 

*SUBMIT COMMENTS TO:

·         OIRA_submission@omb.eop.gov; or

·         202-395-6881 (Fax); or

·         202-395-6929 (Phone); or

Office of Information and Regulatory Affairs, ATTENTION: OMB Desk Officer for the Department of Labor, OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS, Office of Management and Budget, Room 10235, Washington, DC 20503

OFCCP COMMENT PERIOD CLOSING - COMMENTS DUE BY 10/11/11

Advance Notice of Proposed Rule Making (ANPRM):

Non-Discrimination in Compensation; Compensation Data Collection Tool

The opportunity for input on the advance notice of this important rule proposed by the OFCCP is NOW! On August 10th, the OFCCP posted an Advance Notice of Proposed Rulemaking for the development of a "Compensation Data Collection Tool" that is intended to foster the priority issue of the OFCCP to "eliminate compensation discrimination by Federal Contractors".

There have been 836 comments posted as of 10/4/2011. Seven of these comments were posted August 15 through August 31, and are somewhat non-supportive of the development of the tool. Beginning on September 23rd, there were 829 postings that appear to be overwhelmingly supportive. All comments support non-discrimination in compensation, while few seem to address the nature of data that would be most useful for analysis.

To review the docket on the proposed rule, review comments already submitted, and/or submit a comment click here.

Some questions to ask when considering your comments:

Is this another version of the EO Survey?

A copy of the EO Survey is included in the docket folder for this ANPRM as a piece of Supporting and Related Material. Additionally, the supplementary information portion of the ANPRM reviews the history of the EO Survey which was designed, in part, to be a tool "to predict non-compliance and to promote contractor self evaluation". Ultimately, "it was concluded that the EO Survey had little predictive value as a tool for indicating discrimination or non-compliance". OFCCP rescinded the EO Survey in 2006. The EO Survey had the objectives of improving resource allocation by the Federal government through a tiered review process and improving compliance with equal employment opportunity requirements through self-awareness and self-evaluation. The
"Compensation Data Collection Tool's" goals are more broad and far-reaching.

The stated purposes under consideration for the "Compensation Data Collection Tool" are:

• Screeening Tool: "to provide insight into potential problems of pay discrimination by contractors that warrant further review or evaluation by OFCCP or contractor self-audit."
• Research: "to conduct analysis at the establishment level, as well as identify and analyze industry trends Federal contractors' compensation practices and potential equal employment-related issues."
• Compensation Only Reviews: "to develop indicators for identifying potential noncompliance by contractors and executing OFCCP's authority related to compensation discrimination." "The data collected through this tool may be used to identify contractors for compensation focused reviews as well as full compliance reviews."
• New Contractors and Targeting Tool: "requiring businesses that are bidding on future contracts to submit compensation data as part of the Request for Proposal process ... [and] for post-award compliance reviews."

Is it possible to design a tool that will effectively evaluate all compensation practices for all Federal contractors in all industries for all types of positions?

The OFCCP ANPRM on the "Compensation Data Collection Tool" asks for detailed responses from contractors to 15 questions in order to assist in the design of the tool, for instance:

• Question 1 asks what data should be collected to identify potential discrimination and offers a non-exhaustive list of data categories for consideration
• Question 3 asks which elements of compensation should be collected and offers a list well beyond the traditional OFCCP analysis of base pay, but includes stock options, benefits packages, commissions, and bonus awards - extremely confidential data. Our human talent is our greatest resource, and these are some of the tools employers utilize to attract and retain that talent
• Also included are questions to develop a method for understanding Federal Contractors company-wide compensation practices.

Is an additional data collection tool necessary? Who will have access to the database and the information contained therein? How will the confidentiality of the data be protected?

The current compliance methods employed by the OFCCP have resulted, as cited by Director Shiu at the National ILG Convention, in almost $25 million in back wages and interest paid to victims under the Obama administration. Perhaps continued diligent compliance enforcement coupled with greater outreach and education will continue to yield positive results for victims and increase the awareness of the necessity of compliance.

For information on proactive compensation evaluations or other Affirmative Action Plan processing 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 Compliance Consultants.

OFCCP Hosts Compensation Data Collection Tool Listening Session - TODAY

 Today from 3:30 p.m. – 4:30 p.m. (Eastern Standard Time)
Dial 1-800-857-9452 and enter passcode 6646661

On August 10, 2011, OFCCP published an Advance Notice of Proposed Rulemaking (ANPRM) on a proposed new compensation data collection tool.   Stated possible uses for the collected data include generating insight into potential problems of compensation discrimination by federal contractors and subcontractors that warrant further review or evaluation by OFCCP or a contractor self-audit. 

This listening session is an opportunity to offer suggestions and recommendations related to the scope, content and format of the data collection tool.

Public comments on the ANPRM are accepted through October 11, 2011 and can be submitted on regulations.gov or by mail/courier to OFCCP. 

To participate in this web chat session, please dial 1-800-857-9452 and enter passcode 6646661. 

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.

FORM I-9 Retention Quiz

What is the FORM I-9 retention date for the following employees?  (Answers below)

John Smith - Hired on May 15, 2008 and left the company on August 18, 2010.

Jane Jones - Hired on March 15, 2009 and left the company on August 18, 2010

Mary Stephens - Hired on November 6, 1986, currently employed, with continuous service.   

FORM I-9 retention requirements are not always straight forward; application of the requirements can become confusing, especially when accounting for terminated employees.   Here are some tips from the Self-Audit Guide included in the FORM I-9 toolkit from THOMAS HOUSTON associates, inc:

1.  Generate report of employees hired since November 6, 1986.  Include:
1. Date of hire
2. Last name, first name
3. Date of termination
4. Social Security Number or Date of Birth
2. Calculate retention dates by comparing date of hire, date of termination, and date of self-audit. 
1. Write down date that is one calendar year prior to audit date; that becomes target termination date.
2. Subtract two years from target termination date to get the target hire date.
3. Forms can be discarded for persons hired before target hire date and whose employment ended before the target termination date.

The Self-Audit Guide is part of the FORM I-9 toolkit received with completion of our self-paced on-line FORM I-9 training program.  For more information on the FORM I-9 Services offered by THOMAS HOUSTON associates, inc., call 1-800-330-9000 or click here to schedule a convenient time for our call. 

Answers –

A.      John Smith – August 18, 2011 (1 year from termination date is greater than 3 years from hire date)

B.      Jane Jones – March 15, 2012 (3 years from hire date is greater than 1 year from termination date)

C.      Mary Stephens – No FORM I-9 required.  (The requirement to complete FORM I-9 applies to new employees hired after November 6, 1986.)

Question - I am a federal contractor. Will I have to post the notice?

Answer - (from the NLRB fact sheet on the Final Rule for Notification of Employee Rights)

  The Board’s notice posting rule will apply to federal contractors, who already are required by the Department of Labor to post a similar notice of employee rights. A contractor will be regarded as complying with the Board’s notice posting rule if it posts the Department of Labor’s notice.

For information on the compliance services offered by THOMAS HOUSTON associates, inc. please call 1-800-330-9000 or, to schedule a convenient time for a THOMAS HOUSTON associates inc. professional to call you,  click here

If you would like to find out more about the compliance services THOMAS HOUSTON, associates, inc. has to offer, please visit our website at:  www.THOMASHOUSTON.com  

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

The Fine Line of Form I-9

The wrong process can be discriminatory (and expensive).

From an August 2011 Justice Department news release - The Justice Department reached a settlement with Farmland Foods Inc, resolving allegations of discrimination in the I-9 process.   Farmland has agreed to pay $290,400 in civil penalties, the highest civil penalty paid through settlement since enactment of the Immigration and Nationality Act’s anti-discrimination provision in 1986.

The lawsuit was based on an investigation revealing that Farmland required all newly hired non-U.S. citizens and some foreign-born U.S. citizens to present specific and, in many cases, extra work-authorization documents beyond those required by federal law.   In the case of non-U.S. citizens, Farmland required the presentation of a specific work-authorization rather than allowing the employee to choose which document(s) to present from the list of acceptable documents on the Employment Eligibility Verification Form I-9.  

Farmland also required additional work authorization documents, generally by requiring social security cards, even when employees had already produced other documents establishing work authority.   In the case of foreign-born naturalized U.S. citizens, Farmland sometimes required evidence of citizenship, such as certificates of naturalization or U.S. passports, even when those individuals had other means of proving their work authority.   Farmland’s demand for specific or excessive documents to establish work authority violated the anti-discrimination provision of the Immigration and Nationality Act (INA).

In addition to ending its impermissible document requests and modifying its employment eligibility verification process, and civil penalties, Farmland also agreed to monitoring and reporting provisions, as well as training for their human resources personnel.

For more information on the I-9 Services offered by THOMAS HOUSTON associates, inc., call 1-800-330-9000 or click here to schedule a convenient time for our call. 

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

To read the release from the Justice Department, click here.