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:
Monday, June 24, 2019: Job Opening at OFCCP
The Office of Federal Contract Compliance Programs (“OFCCP”) is on the hunt for a career employee Deputy Director. As we previously reported, Marika Litras has left OFCCP, and Melissa Speer is currently the Acting Deputy Director.
The application window is open through July 19, 2019.
Tuesday, June 25, 2019: House Passed Funding Bill for EEOC
The U.S. House of Representatives passed a $383.3 billion proposed package (H.R. 3055) of fiscal year 2020 discretionary spending appropriations bills. The package consists of five bills that fund federal departments including Commerce, Justice, EEOC, Agriculture, Interior, Veterans Affairs, Transportation, Housing and Urban Development and Energy from October 1, 2019, to September 30, 2020.
The Bill would boost EEOC spending in fiscal year 2020 to $399.5 million. That’s a $20 million bump from the previous year and $43.7 million above the administration’s request. The House previously passed a discretionary spending bill for USDOL, including $120 million to OFCCP.
We now wait for the Senate to pass its proposals for funding bills, and then wait for the inevitable Conference Committees to meet and iron out a final solitary proposed spending bill to go to The President for his review and signature or veto.
Tuesday, June 25, 2019: Industry-Recognized Apprenticeship Programs
To address America’s skills gap and expand the apprenticeship model to new industries, the U.S. Department of Labor proposed a Rule under the National Apprenticeship Act to establish a process to recognize Standards Recognition Entities (“SREs”), which will, in turn, set appropriate standards to be followed for Industry-Recognized Apprenticeship Programs (“IRAPs”). SREs will receive recognition from the Department of Labor to ensure the development and maintenance of high-quality IRAPs.
The Details
This Proposed Rule describes what entities may become SREs; outlines the responsibilities and requirements for SREs, as well as the ingredients of the apprenticeship programs they will recognize; and sets out how the Administrator of the Office of Apprenticeship (within USDOL) will interact with SREs. The Proposed Rule also describes how IRAPs would operate in parallel with the existing registered apprenticeship system.
The Goal
The Department believes its industry-led, market-driven approach provides the flexibility necessary to scale the apprenticeship model where it is needed most and will help address America’s skills gap.
The Comment period ends at11:59 PM EST on August 26, 2019.
Friday, June 28, 2019: Comment Period Opens Again for Scheduling Letter
OFCCP announced a Notice of Availability for additional comments on the proposed revisions to the Supply and Service Scheduling Letters.
The current Scheduling Letter is scheduled to expire on June 30, 2019; however, the Department of Labor notes that existing information collection requirements submitted to the Office of Budget Management (“OMB”) receive a month-to-month extension while they undergo review. New requirements would only take effect upon OMB approval.
There were 18 accepted comments during the April – June comment window for the original proposal. There are significant revisions that Government Contractors should be aware of (see our breakdown in the April 15, 2019 Week In Review).
The Comment period closes at 11:59 PM EST on July 29, 2019.
Friday, June 28, 2019: WHD Launches More Compliance Assistance Tools
The Wage and Hour Division (“WHD”) is on a compliance assistance roll! We reported last week about the ultra-savvy interactive FSLA guide the Division created. This week, the assistance continues with the announcement of “additional plain-language, user-friendly compliance assistance materials.”
Check out the resources for Employers, which includes new presentations. There is also a wide variety of compliance toolkits focused on specific industries and regulations.
EEO-1 Component 2 Tracker
Nothing new to report this week.
While the EEOC (i.e., NORC) Helpdesk is open as advertised on a limited basis, DE Members are reporting that the EEOC Helpdesk is thus far punting most substantive questions and is promising complete information responses effective July 15, 2019.
See previous tracker updates:
June 14, 2019
- EEOC court-ordered status update
- Timeline of Communication to Employers
- Helpdesk is staffed and open
June 10, 2019
- Catalog of all EEOC events about the EEO-1 Survey
Countdown to NILG 2019!
This year we’re truly shifting gears and not only will you have the chance to interact with our Membership Development team, you can go head-to-head to challenge them to a game of Wii bowling. We’ll show you how we define excellence in compliance and keep your compliance strategy out of the gutter as this team of (semi) professionals bowl strike after strike–that’s just how we roll, after all. The team at DirectEmployers and Recruit Rooster look forward to seeing you soon!
DirectEmployers Booth: 208/209
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.
John C. Fox, Esq. is President and Partner at Fox, Wang & Morgan P.C. where he represents companies and tries cases in state and federal courts throughout the United States. Mr. Fox has extensive trial experience, having spent more than 300 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.
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