OFCCP Week In Review: February 12, 2018

OFCCP sent the announcement Letters to the Human Resources Director (or designated point of contact) of each establishment on the scheduling list. Corporations may confirm whether OFCCP mailed an establishment a CSAL by emailing a written request on company letterhead to the Division of Program Operations at OFCCP-DPO-Scheduling@dol.gov.

No legal requirement limits the number of establishments per contractor that OFCCP may schedule a Compliance Evaluation. However, the OFCCP has exercised its investigative discretion to place caps or limits on the number of establishments per contractor that it will schedule for review. OFCCP reportedly based its decision to set caps or limits on factors including agency resources and local office workload. For this upcoming audit scheduling list, OFCCP:

• Set no more than ten establishments of a single contractor on the audit scheduling list.
• Set no more than four establishments of a single contractor in a single district office on the list.
• Set no establishment on this upcoming audit scheduling list if OFCCP had closed a Compliance Evaluation at that establishment within the last five years. NOTE: We have already seen at least one error in this upcoming audit scheduling list. You may wish to “raise your hand” and notify OFCCP about any attempted OFCCP Compliance Evaluation of an establishment which has, in fact, closed a Compliance Evaluation within the last five years.

OFCCP’s Rules require contractors to submit their Affirmative Action Programs (AAPs) for Executive Order 11246 (for minorities and women), for Section 503 of the Rehabilitation Act of 1973 (for individuals with a disability) and for 38 USC 4212 (VEVRAA) (for “Protected Veterans”) for the establishment under audit within thirty (calendar) days of the date the contractor receives the audit scheduling letters. You may find additional FAQ’s here.

• New application
• New payroll period
• New due date
• And reviewing the processes, including:
  • Method of filing
  • On-line filing application
  • Data-file upload
  • Importance of filing correctly: establishment locations
  • Filing restrictions regarding same Address, EINs, NAICS

Registration is open at https://attendee.gotowebinar.com/register/2616176156612611330.

After registering, you will receive a confirmation email containing information about joining the webinar.

For additional information surrounding the EEO-1 Report, please see the OFCCP Week In Review: January 22, 2018.

The USDOL and USDOL sub-agency budgets, including OFCCP’s FY2018 budget, are not yet known. While the Congress and the President have agreed on the budget number of $1.3 trillion, they passed the budget as part of a Continuing Resolution funding the federal agencies through March 23, 2018. The Continuing Resolution is to allow time for the House and Senate Appropriations Committees to pass an Omnibus spending bill detailing how the federal government will spend that 1.3 trillion-dollar budget exactly. Note: A Continuing Resolution funds, for an interim period, the federal agencies at their FY 2017 level of funding until the Congress agrees upon a line-item budget for each agency and sends it to the President for signature or veto.

Stay tuned. The White House will unveil its long-awaited infrastructure plan on Monday, fulfilling a signature campaign promise of President Donald Trump. The proposal includes $200 billion in federal infrastructure spending over a decade, which would be paid for through cuts elsewhere in the budget.