OFCCP Director Craig Leen announces 500 scheduling letters to be sent for VEVRAA Focused Reviews on Veteran’s Day 2019!

August 7, 2019

The OFCCP and VETS hosted a town hall session in Washington, D.C.  This event was held to expand the Department’s outreach to the veteran community and was attended by over 70 federal contractors, veteran service organizations, employer associations, and consultants.  The agencies discussed how they could work together to assist federal contractors recruit, retain, and promote veterans and military spouses and also committed to work together on the technical assistance guide to assist in these areas and for employers to better understand their responsibilities under VEVRAA and USERRA.  During this event, OFCCP Director Craig Leen shared that 500 scheduling letters would be going out on Veteran’s Day for VEVRAA Focused Reviews.  He also mentioned that the OFCCP will put an emphasis on the under-employment or non-employment of veterans with disabilities, as well as military spouses.

At the National Industry Liaison Group conference held in Milwaukee, Wisconsin on July 31, 2019,  Leen had announced the agency was developing plans for VEVRAA Focused Reviews and voiced the OFCCP’s commitment to veterans.

NILG National Conference News

August 1, 2019

Today, at the National Industry Liaison Group’s annual conference, EEOC Commissioner Victoria Lipnic put employers hopes of not having to file Component 2 data by September 30, 2019 to rest.

Speaking to the conference participants, Commissioner Lipnic recognized the burden the court’s ruling has imposed on employers, but made clear that “nothing will stop” employers’ obligation to submit Component 2 data by September 30. Commissioner Lipnic did state that after the data is submitted, the EEOC should conduct an “honest assessment of what we learn from the data” in an “open process,” that includes an assessment of the true burden the submission places on employers.

As a result, any employers that have been postponing their Component 2 preparations hoping for a last-minute reprieve, should begin those preparations in earnest. THOMAS HOUSTON can assist you with this required filing!

Mary Franczak

VEVRAA Focused Reviews

OFCCP Director Craig Leen announced on July 31st, at the National Industry Liaison Conference, that the agency is developing plans for VEVRAA Focused Reviews.  Specifically, Director Leen mentioned that the agency is hoping to publish a list of veteran-specific focused reviews around Veteran’s Day, Monday, November 11, 2019.

Mary Franczak

VEVRRA/Section 503 Regulation Revisions

On July 31st an announcement was made at the National Industry Liaison Group (NILG) Conference in Indianapolis that the final Veteran and Disabled proposed regulations have been sent to the Office of Management and Budget (OMB) for final approval. The Office of Federal Contract Compliance Programs (OFCCP) first published the proposed rule for Veterans in April 2011 and Individuals with Disabilities in December 2011. The OMB should respond within 90 days with the final regulations and determine the timeframe for Federal Contractor implementation.

 

THOMAS HOUSTON will provide updates as they become available.

 

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

Big News for Federal Contractors!

Criminal Background Checks Now On The OFCCP's Radar. The OFCCP has joined ranks with the EEOC to target the use of pre-employment criminal background checks. At the end of last week, the OFCCP issued Directive 306, entitled "Complying with Nondiscrimination Provisions: Criminal Record Restrictions and Discrimination Based on Race and National Origin." Here's the Directive: http://www.dol.gov/ofccp/regs/compliance/directives/dir306.htm.

Directive 306 states that "[p]olicies that exclude people from employment based on the mere existence of a criminal history record and that do not take into account the age and nature of an offense . . . are likely to violate federal antidiscrimination law," and warns contractors to "carefully consider their legal obligations before adopting such policies." Through the Directive, the OFCCP indicates that it will follow the Enforcement Guidance issued by the EEOC on April 25, 2012. In addition to adopting the EEOC's Guidelines with respect to the use of criminal background checks, the OFCCP also provided specific guidance to those who post jobs with the American Job Centers.

Source: NILG

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

Ensuring Compliance - Words from OFCCP Director

Source:  DOL Newsletter

During the National Industry Liaison Group (NILG) conference in Hawaii, OFCCP Director Patricia Shiu and agency staffers spoke, via video conference, about their agency's priorities with a focus on how they work with contractors to ensure compliance with equal opportunity requirements.

 

"In the past three years, I've learned that the overwhelming majority of contractors do want to succeed in building diverse workforces. And, I've learned that employment discrimination is still far too common in our country, that we still need affirmative action to make sure that vulnerable workers have the opportunity to find, secure and succeed in meaningful jobs," said Shiu during a video-taped welcome to the conference. "That's why we have to update regulations that have sat on the shelf for nearly 40 years and, in some cases, aren't working as they were intended. That's why we have to modernize the way we collect and disseminate data about the workforce and about our enforcement activities. That's why we have to change the way we conduct compliance reviews, to enforce the entirety of the law and not just one narrow aspect."

 

For information on the affirmative action 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.

Read Director Shiu's full address

 

Read more about the NILG

 

 

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  

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

Click Here to learn more about THOMAS HOUSTON associates, inc.

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.