DirectEmployers Blog
OFCCP Compliance

OFCCP Week In Review: April 3, 2023
- Senate HELP Committee Advanced Nominations for Kotagal as EEOC Commissioner & Looman as WHD Head
- OFCCP Leadership Shake-Up: Director Yang and Her Deputy Have Left OFCCP. No Successor Director Yet In Sight
- U.S. National Institute of Standards and Technology Launched Its Artificial Intelligence Resource Center
- VEVRAA Hiring Benchmark Dropped Slightly to 5.4%
- USCIS Updated Policy Guidance on Self-Selecting a Gender Marker on Benefits Forms & Documents
- OFCCP Held Uneventful Webinar Briefing on Religious Exemption Rule Rescission
- In Brief
- Looking Ahead: Upcoming Date Reminders

MEMBER ALERT | Annual VEVRAA Hiring Benchmark is Now 5.4 Percent
The following information is provided by USDOL Office of Federal Contract Compliance Programs (OFCCP): The 2023 Annual Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) national hiring benchmark was recently updated on the VEVRAA Hiring Benchmark...

OFCCP Week In Review: March 27, 2023
- Job Search Website Operator Agreed to Electronically Scan and Remove Language in Job Postings Which Limited Jobs in the U.S. to Foreign Applicants
- OFCCP Requested Public Comments (Again) on Proposed Changes to Disability Self ID Form
- OFCCP Quietly Updated (Again) FOIA Objection Submissions Deadline to March 31
- USDOL WHD Provided Second Comment Period on Proposal to Revise the Existing WD-10 Form for Federal Construction Contractors
- An Employer’s Failure to Post the Employee Rights Notice Will Now Cost $659 Per Violation
- USCIS Ended Covid Flexibilities for Response to Certain Notices & Requests
- In Brief
- Looking Ahead: Upcoming Date Reminders

OFCCP’s Congressional Budget Justification Is Chock-Full of Insights Into the Agency’s Future Plans & Past Performance
The 34-page OFCCP full fiscal year (“FY”) 2024 Congressional Budget Justification (“CBJ”) revealed key aspects of the agency’s future plans and past performance metrics. We reported last week that OFCCP’s FY 2024 budget request was unrealistic and angered many on...

OFCCP Week In Review: March 20, 2023
- FTC Jumped into the “Joint-Employer” Fray and Also Broadened Its Attack on Non-Competition Agreements to Franchise Agreements
- OFCCP’s Congressional Budget Justification Is Chock-Full of Insights Into the Agency’s Future Plans & Past Performance
- U.S. EEOC Annual Performance Report Touts An Increase In Performance Equivalent to Its Increase in Staffing in FY 2022 While General Counsel Performance Fell off Almost 22% Despite 3% More Lawyers
- U.S. Justice Department Issued Guidance on FOIA Presumption of Openness
- President Biden Formally Sent to the U.S. Senate Julie Su’s Nomination to Be the Next Secretary of Labor
- OFCCP Launched (Again) a Mega Construction Program
- Biden Administration Marked “Equal Pay Day”
- With Regulatory Proposal Still Pending, U.S. FTC Announced a 4th Noncompete Enforcement Action This Year
- U.S. Appeals Court for Third Circuit Ruled PTO Is Not “Salary” Under the FLSA…So, Employers May Dock PTO for Productivity Failures
- House EWC Chair Foxx & Senator Cassidy Concerned About Validity of Labor Advisors Policy
- OFCCP Announced AAP Certification Portal to Open March 31 with June 29 Deadline
- In Brief
- Looking Ahead: Upcoming Date Reminders

OFCCP Week In Review: March 13, 2023
- OFCCP Requested Public Comments (Again) on OFCCP’s Job Listing, AAP, “Benchmarks for hiring” and Self-ID for Protected Veterans
- U.S. BLS JOLTS Report Shows Shrinking Jobs Market
- White House Budget Proposal Is Unrealistic, a Nonstarter for Congress and Sets the Stage for a Political Fight Over the U.S. Debt Ceiling
- OFCCP Updated FOIA Objection Portal with “Final” Non-Objector List
- NLRB Rescinded Four Provisions of Trump-Era NLRB Union Election Rule Struck Down by Federal Appellate Court in January
- USBLS Reports Shrinking U.S. Labor Force; Unemployment Rate Increased to 3.6%
- Marty Walsh’s Concluded His Time as Secretary of Labor
- In Brief
- Looking Ahead: Upcoming Date Reminders

In a Courageous Political Act of Folly, The Biden White House Ordered OFCCP to Publish Its Final Rule Rescinding Trump’s Religious Exemption
What’s Really Going On Here Described In The Blog This action to order the publication in Final form of OFCCP’s highly controversial Religious Exemption Rule was either one of the most courageous political acts I have seen a President take in recent years or was one...

OFCCP Week In Review: March 6, 2023
- NLRB Advice Memo: Workplace Discussions of Racism Are NLRA-Protected Concerted Activity (Even for Non-Unionized Employees)
- Amid Political Controversy, President Biden Announced He Will Nominate Julie Su for Labor Secretary
- New DE Talk Podcast Discussed How Veteran & Military Spouse Hiring Fits into DEIA Plans
- In a Courageous Political Act of Folly, The Biden White House Ordered OFCCP to Publish Its Final Rule Rescinding Trump’s Religious Exemption
- Three Town Halls on Initial Proposals to Overhaul Federal Race & Ethnicity Data Collections Announced
- U.S. EEOC Revealed Big Jump in Commissioner Charges in FY 2022
- DirectEmployers Member Engagement Team Earns Bronze Award for Customer Service During 2023 Stevie Awards for Sales & Customer Service
- In Brief
- Looking Ahead: Upcoming Date Reminders

OFCCP Week In Review: February 27, 2023
- In the Ongoing Push to Make More Companies Liable for Worker Employment Claims, California Again Seeks to Set the Pace
- U.S. NLRB Ruled Employers May Not Include Confidentiality or Non-Disparagement Provisions in Severance Agreements
- U.S. Supreme Court Held FLSA’s Overtime Exemption Does Not Apply to Highly Paid, Daily-Rate Worker
- U.S. Bureau of Labor Statistics Reported Employment of Workers with Disabilities Increased in 2022
- In Brief
- Looking Ahead: Upcoming Date Reminders

Last Two Chances Coming for Contractors to Object to OFCCP’s Proposed Disclosures of EEO-1 Data
Contractors Now Have Until March 3 to Respond to OFCCP’s Latest Proposed Disclosure List Contractors Will Also Have One Last Quality Control Check of The Final List OFCCP Will Publish, it now says, March 17 Yes, it is dizzying. Two new drivers have forced this...