The DE 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:

Wednesday, May 29, 2019: Update to Workplace Notice

Official Seal for the U.S. Department of Labor The Department of Labor’s Office of Labor-Management Standards updated the required workplace notice for Executive Order 13496: Notification of Employee Rights Under Federal Labor Laws (“NLRA”). The notice informs employees of Federal contractors and subcontractors of their rights under the NLRA to organize and bargain collectively with their employers and to engage in other protected concerted activity.

What Changed?

A new telephone number for the National Labor Relations Board (NLRB), the agency responsible for enforcing the NLRA, as well as contact information for individuals who are deaf or hard of hearing. No other changes or updates were made at this time.

Exemptions

See §471.4 What employers are not covered under this part? of the Regulations – Title 29, Part 471: Obligations of Federal Contractors and Subcontractors; Notification of Employee Rights Under Federal Labor Laws

Additional Information

Fact Sheet HTML | PDF
Executive Order 13496 HTML | PDF
Final Rule Implementing Executive Order 13496 HTML | PDF
Required Notice (available in various languages)

Monday, June 3, 2019: Last Chance to Comment on FAAP

As originally reported in detail in September 2018, and spotlighted again in April 2019, the OFCCP proposed changes that might entice the adoption of Functional Affirmative Action Programs (FAAPs) by some contractors.

Get your comments in by 11:59pm EST today!

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.

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John C. Fox

President and Partner at Fox, Wang & Morgan P.C.

Mr. Fox has extensive trial experience, having spent more than 400 days in trial. Mr. Fox was also lead trial counsel in the first of the six wage-hour class actions known to have been tried in California and was lead trial counsel in what are believed to have been the two largest disability law suits in the United States. He is an across-the-board employment lawyer representing management nationwide.

1 Comment

Jeff Piell on June 3, 2019 at 3:04 pm

Info on EEO-1 Component 2 data is sparse. Do you know where I can go to answer the following:

1) W2 definition and what should be excluded. Is it the gross pre –tax and voluntary deductions or the net after 401k , deferred comp etc.
2) PT workers who change to Full time by year end and how to account for hours ?
3) Whether each employer will have independent footnotes or whether EEOC will produce permissible exclusions from W2 Earnings

OFCCP Week In Review: June 3, 2019