OFCCP Week In Review: November 28, 2022

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 Cynthia L. Hackerott. In today’s edition, they discuss:

• OMB Approved a Minor Change to OFCCP’s Construction Contractor Award Notification Form
• Looking Ahead: Upcoming Date Remdinders

Tuesday, November 22, 2022: OMB Approved a Minor Change to OFCCP’s Construction Contractor Award Notification Form

The White House Office of Management and Budget (OMB) approved a minor change to OFCCP’s Construction Contract Award Notification Form (Form CC-314) to add a missing e-mail address field for the “Contractor Awarded Contract or Subcontract.” The form is part of OFCCP’s Construction Recordkeeping and Reporting Requirements, which OMB approved on July 6, 2021 – with revisions to Form CC-314 – through July 31, 2024. The failure to include this e-mail address field in the version of the form approved in July 2021 was “due to an administrative oversight,” OFCCP said in its November 16, 2022, Supporting Statement to OMB.

As we previously reported, in late August, OFCCP published a Notification of Construction Contract Award Portal (NCAP) OFCCP had created and announced as a fait accompli. The agency intends for the NCAP to be the primary method construction contractors will use to submit the CC-314 information and electronically notify OFCCP of construction contract award notifications.

We pointed out in our August story that OFCCP had taken no steps to publish a proposed Rule pursuant to the Administrative Procedure Act to require contractors to file documents via electronic and/or digital means that the agency otherwise has a right to access in paper form. However, OFCCP recently sought OMB (only) permission (not Rulemaking pursuant to the Administrative Procedure Act) to permit (not require) Supply and Service contractors to voluntarily submit documents to OFCCP in electronic or digital form.

We wrote about that proposal here and also noted that OFCCP currently does not have and does not propose to create any legal authority to compel contractors to file documents with the agency in digital or electronic form. Rather, OFCCP is simply providing an electronic option to contractors. Moreover, OFCCP will in the future undoubtedly strongly request contractors to file documents with the agency in electronic form.

Looking Ahead:
Upcoming Date Reminders

Wednesday, November 30, 2022: (2:00 – 3:00 PM Eastern Time): DE Webinar – “Who Has the Right to Talk? Discussing the Laws Promoting Employee Rights to Pay Transparency”

Monday, December 5, 2022: Comments due on USDOL WHD’s request to extend unchanged paid sick leave recordkeeping requirements for federal contractors – https://www.regulations.gov

Monday, December 5, 2022: Comments due on U.S. EEOC’s Draft FY 2022-2026 Strategic Plan – https://www.regulations.gov/commenton/EEOC_FRDOC_0001-0303

Wednesday, December 7, 2022: Deadline to submit initial comments on NLRB’s proposed Rule to Determine Joint Employer Status (previous November 7 deadline extended) – https://www.regulations.gov/docket/NLRB-2022-0001

Tuesday, December 13, 2022: Comments due on USDOL WHD proposed rule on “Employee or Independent Contractor Classification Under the Fair Labor Standards Act” (previous November 28 deadline extended) – https://www.regulations.gov/docket/WHD-2022-0003

Wednesday, December 21, 2022: Deadline to submit reply comments in response to initial comments on NLRB’s NPRM to Determine Joint Employer Status (previous November 21 deadline extended) – https://www.regulations.gov/docket/NLRB-2022-0001

Sunday, January 1, 2023: The minimum wage for federal contracts covered by Executive Order 13658 (“Establishing a Minimum Wage for Contractors”) (contracts entered into, renewed, or extended prior to January 30, 2022), will increase to $12.15 per hour, and the minimum cash wage for tipped employees increases to $8.50 per hour – https://www.federalregister.gov/documents/2022/09/30/2022-20905/minimum-wage-for-federal-contracts-covered-by-executive-order-13658-notice-of-rate-change-in-effect

Sunday, January 1, 2023: The minimum wage for federal contractors covered by Executive Order 14026 (“Increasing the Minimum Wage for Federal Contractors”) (contracts entered into on or after January 30, 2022, or that are renewed or extended on or after January 30, 2022), will increase to $16.20 per hour, and the minimum cash wage for tipped employees increases to $13.75 per hour – https://www.federalregister.gov/documents/2022/09/30/2022-20906/minimum-wage-for-federal-contracts-covered-by-executive-order-14026-notice-of-rate-change-in-effect

Tuesday, January 3, 2023: Deadline to submit initial comments on NLRB’s proposed  changes to NLRA regulations – https://www.regulations.gov/commenton/NLRB-2022-0002-0001

Monday, January 9, 2023: Comments due on US EEOC proposal to eliminate counting employees to determine filing “type” for EEO-1 Survey Component 1 – https://www.regulations.gov/document/EEOC-2022-0005-0001

Tuesday, January 17, 2023: Deadline to submit reply comments in response to initial comments on NLRB’s proposed changes to NLRA regulations – https://www.regulations.gov/commenton/NLRB-2022-0002-0001

Tuesday, January 17, 2023: Comments due on OFCCP’s Proposed Changes to Disability Self-Identification Form to Update Preferred Language for Specific Disabilities – https://www.regulations.gov/commenton/OFCCP-2022-0003-0004

Friday, January 20, 2023: Deadline to submit comments on OFCCP’s Proposed Changes to Its Supply & Service Contractor ICRs, Including Use of Portal to Submit Revised Scheduling Letter & Revised Itemized Listing Responses – https://www.regulations.gov/commenton/OFCCP-2022-0004-0001

Wednesday, April 12 – Friday, April 14, 2023: DEAMcon23 Chicago (Registrations open now; Agenda now available here!)

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.