The OFCCP Digest Volume 2, Issue 5

It never fails in our office. The frantic phone call because a Department of Labor Office of Federal Contract Compliance Programs (OFCCP) audit letter shows up on a desk, two weeks after sitting on the President's desk, with the yellow sticky note "please handle." Before fear and panic set in, here are some pointers for keeping ahead of the scary audit letter. read more

In the last few years, there have been dramatic changes to the focus points at the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP). While for many years, OFCCP had little interest in issues concerning veterans and persons with disabilities, these groups are now at the forefront of OFCCP's efforts. We know this is true in part because of the proposed regulations regarding veterans that were released in April of 2011 and the proposed regulations regarding persons with disabilities that were released in December of 2011. read more

On April 18, 2012, the subcommittee on Health, Employment, Labor and Pensions of the Committee on Education and the Workforce held a hearing on the potential impact of the Office of Federal Contract Compliance Programs' regulatory and enforcement actions. The areas covered included the proposed Section 503 (disability), Section 4212 (protected veterans) and Compensation data elements of the proposed revised scheduling letter and proposed Compensation rule among other things. read more

OFCCP v. Frito-Lay, Inc., ARB Case No. 10-132 (May 8, 2012), Appeal to Federal District Court coming

ISSUE: "This case involves the question whether *** OFCCP has authority to request certain data relating to *** Frito-Lay, Inc's *** AAP as part of a 2007 Desk Audit."
read more

On April 25, 2012, the OFCCP announced that it rescinded its Directive 293, which is the OFCCP policy that determines if healthcare providers and insurers who use TRICARE are covered contractors or subcontractors. It was rescinded due to recent changes in the healthcare industry and pending litigation; such as, the OFCCP vs. Florida Hospital of Orlando. read more

In September of 2011, the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) published a final revised version of the letter that opens an affirmative action compliance review (know as a scheduling letter) and the itemized listing that accompanies the scheduling letter. These revisions would provide extensive additional information to OFCCP at the start of a compliance review.

These revisions have been under consideration by the Office of Management and Budget (OMB) since September, and OMB has so far prevented OFCCP from moving forward with its proposed revisions. The scheduling letter and itemized listing OFCCP has been using originally expired at the end of September 2011, and OMB has been issuing a month-by-month extension to that letter.

The current extension is set to expire on May 31, 2012. While OFCCP insists that the revised scheduling letter and itemized listing will eventually be approved, there appears to be no clear date when this will happen. For more information on the revisions to the scheduling letter and itemized listing, visit the HR Analytical Services website at http://www.hranalytical.com/news_finalslli.html.

- Bill Osterndorf

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