OFCCP Week In Review: January 16, 2018

by | Jan 16, 2018 | Week In Review (WIR)

The OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they discuss:

 

Senate Panel Postponed

Thursday, January 11, 2018
The Senate Health, Education, Labor, and Pensions Committee postponed a vote to advance several Department of Labor nominees for full floor consideration.  Although the Committee had advanced the nominees in a party-line vote last year, the full Senate didn’t vote. This has forced the White House to restart the confirmation process in this calendar year.

Among those awaiting confirmation include:

Wage-Hour Division

Various (OFCCP Week In Review: December 18, 2017)

  • Solicitor for DOL: Kate O’Scannlain
  • Secretary of Labor, Employee Benefits Security Administration: Preston Rutledge
  • Secretary of Labor, OSHA: Scott Mungo
  • Commissioner of BLS: William Beach

 

Final Nomination Made for NLRB

Friday, January 12, 2018
President Donald Trump selected Morgan Lewis & Bockius LLP partner John Ring to fill the last vacancy on the five-member National Labor Relations Board.

If confirmed, Ring would tip the scale Republican again. The Republican majority was lost in December with the departure of the Board Chair, Phil Miscimarra.

NLRB Board:

The General Counsel, Republican Peter Robb, was confirmed in November 2017 (OFCCP Week In Review: November 13, 2017).

 

News We Are Watching

Equal Employment Opportunity Commission Vacancies
In addition to the Department of Labor confirmations, several positions at the EEOC are awaiting confirmation and/or nomination.

The Commission:

  1. Chair: Republican Janet Dhillon (OFCCP Week In Review: July 3, 2017) *awaiting confirmation*
  2. Acting Chair, Republican Victoria Lipnic
  3. Democrat Chai Feldblum
  4. Democrat Charlotte Burrows
  5. Republican Daniel Gade (OFCCP Week In Review: August 7, 2017) *awaiting confirmation*

The General Counsel:

  • Vacant – TBD Note: Subject to advise and consent

If all confirmations go through, the Republicans will have three of the five EEOC Commissioner seats. The final piece at the Commission level will be for the President to appoint one of the five Members the Vice-Chair.  Note: Title VII specifically accords to the President the authority to identify and appoint the Chair and Vice-Chair.

 

VEVRAA Hiring Benchmark
As of today, there has been no change to the VEVRAA hiring benchmark. We will continue to monitor and let you know whether and when this information is updated.

Previous hiring benchmark data:

Percentage Effective Date
  From To
6.7% 03/31/2017 Present
6.9% 03/04/2016 03/30/2017
7% 04/21/2015 03/03/2016
7.2% 03/24/2014 04/20/2015

THIS COLUMN IS MEANT TO ASSIST IN A GENERAL UNDERSTANDING OF THE CURRENT LAW AND PRACTICE RELATING TO OFCCP. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. COMPANIES OR INDIVIDUALS WITH PARTICULAR QUESTIONS SHOULD SEEK ADVICE OF COUNSEL.

Reminder: If you have specific OFCCP compliance questions and/or concerns or wish to offer suggestions about future topics for the OFCCP Week In Review, please contact your membership representative at (866) 268-6206 (for DirectEmployers Association Members), or email Jennifer at jpolcer@directemployers.org with your ideas.

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