This article originally appeared in the July 2014 edition of the LocalJobNetwork "OFCCP Digest."
As we approach the summer months, companies are continuing to implement the revised regulations issued by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) in regard to protected veterans and individuals with disabilities. By now, federal contractors and subcontractors should have implemented the items that were to have been in place by March 24, 2014. There are various other requirements in the affirmative action portions of the revised regulations that companies should now be considering.
Showing posts with label regulations. Show all posts
Showing posts with label regulations. Show all posts
Tuesday, May 27, 2014
Monday, February 17, 2014
Preparing for the Revised Veterans and Disability Regulations
This article originally appeared in the February 2014 edition of the LocalJobNetwork "OFCCP Digest."
Federal contractors and subcontractors continue to prepare to implement the revised regulations regarding protected veterans and individuals with disabilities that were issued by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). There are certain provisions in these revised regulations that must be implemented by March 24, 2014. I discussed these provisions my January 2014 article for the OFCCP Digest.
On Friday, February 14, OFCCP provided new information regarding some of the March 24 requirements via a series of answers to frequently asked questions (FAQs). These new FAQs have important ramifications regarding certain actions that federal contractors and subcontractors should take.
Federal contractors and subcontractors continue to prepare to implement the revised regulations regarding protected veterans and individuals with disabilities that were issued by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). There are certain provisions in these revised regulations that must be implemented by March 24, 2014. I discussed these provisions my January 2014 article for the OFCCP Digest.
On Friday, February 14, OFCCP provided new information regarding some of the March 24 requirements via a series of answers to frequently asked questions (FAQs). These new FAQs have important ramifications regarding certain actions that federal contractors and subcontractors should take.
Sunday, January 19, 2014
Preparing for the Revised Veterans and Disability Regulations - What’s Due on March 24
This article originally appeared in the January 2014 edition of the LocalJobNetwork "OFCCP Digest."
Federal contractors and subcontractors across the United States are preparing to implement revised regulations issued by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) in regard to protected veterans and individuals with disabilities. These revised regulations were issued on September 24, 2013. Some of the requirements in these revised regulations must be implemented by March 24, 2014, while other requirements must be implemented when companies next update their affirmative action plans for veterans and individuals with disabilities.
In this article, we’re going to focus on the provisions in the revised regulations that must be implemented by March 24. While these provisions may not be the most onerous in the revised regulations, they do not have the kind of flexibility in regard to implementation date that is associated with other portions of the revised regulations.
Federal contractors and subcontractors across the United States are preparing to implement revised regulations issued by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) in regard to protected veterans and individuals with disabilities. These revised regulations were issued on September 24, 2013. Some of the requirements in these revised regulations must be implemented by March 24, 2014, while other requirements must be implemented when companies next update their affirmative action plans for veterans and individuals with disabilities.
In this article, we’re going to focus on the provisions in the revised regulations that must be implemented by March 24. While these provisions may not be the most onerous in the revised regulations, they do not have the kind of flexibility in regard to implementation date that is associated with other portions of the revised regulations.
Tuesday, October 22, 2013
OFCCP Sends Survey Form for Individuals with Disabilities to OMB
OFCCP’s revised regulations regarding individuals with disabilities state that the agency will provide the survey form that federal contractors and subcontractors are to use to survey individuals with disabilities. That form has now been sent to the Office of Management and Budget (OMB) for review. The form can be found at http://www.reginfo.gov/public/do/PRAICList?ref_nbr=201307-1250-001. (Click on the "Voluntary Self-Identification of Disability" to open the actual form.) OMB must approve this form before OFCCP can require its use by federal contractors and subcontractors. Once approved by OMB, companies will be required to use this specific form to survey individuals with disabilities.
It appears that the survey form currently available at OMB’s website would be used to survey both applicants and employees. The requirement to survey applicants is a new requirement under the revised regulations. Companies will need to start using OFCCP’s prescribed survey form either on March 24, 2014 or at the time that affirmative action plans (AAPs) are being updated after that date. For example, a company that has an affirmative action plan for individuals with disabilities that is updated each year in January would begin using OFCCP’s prescribed form on January 1, 2015.
The version of the survey form currently at OMB has no place for the name of an applicant or employee. OFCCP Director Patricia Shiu was asked about this on October 18 when she appeared at the National Employment Law Institute’s affirmative action briefing in Washington, DC. Ms. Shiu and OFCCP Policy Division Branch Chief Naomi Levin responded that they expected companies would associate the name of an applicant or employee with the form. Ms. Shiu and Ms. Levin also indicated that the form is still under review by OMB and may undergo changes before it is released for use by federal contractors and subcontractors.
The current version of the form appears to have another item that will need to be modified before its final release. While the form states that companies “are required to invite...employees to self-identify each year,” the revised regulations actually require companies to conduct a survey of the entire workforce every five years. Companies must conduct an initial re-survey within one year of the time that the regulations become effective or their affirmative action plans are updated.
It appears that the survey form currently available at OMB’s website would be used to survey both applicants and employees. The requirement to survey applicants is a new requirement under the revised regulations. Companies will need to start using OFCCP’s prescribed survey form either on March 24, 2014 or at the time that affirmative action plans (AAPs) are being updated after that date. For example, a company that has an affirmative action plan for individuals with disabilities that is updated each year in January would begin using OFCCP’s prescribed form on January 1, 2015.
The version of the survey form currently at OMB has no place for the name of an applicant or employee. OFCCP Director Patricia Shiu was asked about this on October 18 when she appeared at the National Employment Law Institute’s affirmative action briefing in Washington, DC. Ms. Shiu and OFCCP Policy Division Branch Chief Naomi Levin responded that they expected companies would associate the name of an applicant or employee with the form. Ms. Shiu and Ms. Levin also indicated that the form is still under review by OMB and may undergo changes before it is released for use by federal contractors and subcontractors.
The current version of the form appears to have another item that will need to be modified before its final release. While the form states that companies “are required to invite...employees to self-identify each year,” the revised regulations actually require companies to conduct a survey of the entire workforce every five years. Companies must conduct an initial re-survey within one year of the time that the regulations become effective or their affirmative action plans are updated.
Thursday, August 1, 2013
OFCCP Sends Final Version of Regulations Regarding Persons with Disabilities to OMB
OFCCP has been busy this week.
On Wednesday, July 31, OFCCP sent the final version of the agency's proposed revisions to its regulations regarding persons with disabilities to the Office of Management and Budget (OMB). This follows OFCCP's submission of the final version of its proposed revisions to the veterans regulations on July 30. As with the veterans regulations, approval by OMB is the final step before the revisions to the regulations regarding persons with disabilities would become effective.
OFCCP first published its proposed revisions to the regulations regarding persons with disabilities in December of 2011. While there were many comments from the public concerning the proposed veterans regulations, there were even more concerning the disability regulations, including a very substantial number of concerns raised by federal contractors and subcontractors and their representatives. OFCCP had taken no formal action on the proposed revisions to the regulations regarding persons with disabilities until submitting the final version of its revisions on July 31.
In our related post on the veterans regulations, we noted that there has been much speculation as to why there was such a delay in providing a final version of the regulations to OMB. Regardless of what was preventing OFCCP from submitting final regulations previously, the agency has acted in a dramatic fashion in the last few days.
As we noted in our post on the veterans regulations, it is not clear when OMB will act on OFCCP's submission of its final revisions to the regulations regarding persons with disabilities. The public comments regarding these regulations raised many important concerns and OMB will have much to consider before deciding whether to approve these regulations. Whether the revised regulations receive approval from OMB may depend in part on changes that OFCCP has made to its initial submission.
Documentation of OMB's receipt of the final regulations regarding persons with disabilities can be found on the reginfo.gov website http://www.reginfo.gov/public/do/eoDetails?rrid=123245. Unfortunately, there is no formal way to view the final version of the revised regulations until OMB makes a decision about these regulations or until OFCCP decides to release them to the public.
On Wednesday, July 31, OFCCP sent the final version of the agency's proposed revisions to its regulations regarding persons with disabilities to the Office of Management and Budget (OMB). This follows OFCCP's submission of the final version of its proposed revisions to the veterans regulations on July 30. As with the veterans regulations, approval by OMB is the final step before the revisions to the regulations regarding persons with disabilities would become effective.
OFCCP first published its proposed revisions to the regulations regarding persons with disabilities in December of 2011. While there were many comments from the public concerning the proposed veterans regulations, there were even more concerning the disability regulations, including a very substantial number of concerns raised by federal contractors and subcontractors and their representatives. OFCCP had taken no formal action on the proposed revisions to the regulations regarding persons with disabilities until submitting the final version of its revisions on July 31.
In our related post on the veterans regulations, we noted that there has been much speculation as to why there was such a delay in providing a final version of the regulations to OMB. Regardless of what was preventing OFCCP from submitting final regulations previously, the agency has acted in a dramatic fashion in the last few days.
As we noted in our post on the veterans regulations, it is not clear when OMB will act on OFCCP's submission of its final revisions to the regulations regarding persons with disabilities. The public comments regarding these regulations raised many important concerns and OMB will have much to consider before deciding whether to approve these regulations. Whether the revised regulations receive approval from OMB may depend in part on changes that OFCCP has made to its initial submission.
Documentation of OMB's receipt of the final regulations regarding persons with disabilities can be found on the reginfo.gov website http://www.reginfo.gov/public/do/eoDetails?rrid=123245. Unfortunately, there is no formal way to view the final version of the revised regulations until OMB makes a decision about these regulations or until OFCCP decides to release them to the public.
Wednesday, July 31, 2013
OFCCP Sends Final Version of Veterans Regulations to OMB
On Tuesday, July 30, OFCCP sent the final version of the agency's proposed revisions to its regulations regarding veterans to the Office of Management and Budget (OMB). Approval by OMB is the final step before the revisions to the veterans regulations would become effective.
OFCCP first published its proposed revisions to the veterans regulations in April of 2011. There were an extensive number of comments about the proposed revisions, including a substantial number of concerns raised by federal contractors and subcontractors and their representatives. OFCCP had taken no formal action on the proposed revisions to the regulations until submitting the final version of its revisions on July 30.
There has been much speculation as to why there was such a delay in providing a final version of the regulations to OMB. As we've noted on this blog, part of the delay may involve the fact that both OMB and the Department of Labor were without heads of their respective agencies until recently. In fact, it only took 12 days from the time that Thomas Perez was confirmed as the new Secretary of Labor until OFCCP sent its final revisions to OMB.
It is not clear when OMB will act on OFCCP's submission. OMB has the right to approve the final regulations as submitted, to deny approval if the regulations do not meet the requirements of the Paperwork Reduction Act or other laws, or to request revisions from OFCCP before approval. While some commentators have speculated that the revised regulations may be approved some time in August, others have suggested that it may be later this year before these regulations are approved, if they are approved at all.
Documentation of OMB's receipt of the final regulations can be found on the reginfo.gov website at http://www.reginfo.gov/public/do/eoDetails?rrid=123242. Unfortunately, there is no formal way to view the final version of the revised regulations until OMB makes a decision about these regulations or until OFCCP decides to release them to the public.
OFCCP first published its proposed revisions to the veterans regulations in April of 2011. There were an extensive number of comments about the proposed revisions, including a substantial number of concerns raised by federal contractors and subcontractors and their representatives. OFCCP had taken no formal action on the proposed revisions to the regulations until submitting the final version of its revisions on July 30.
There has been much speculation as to why there was such a delay in providing a final version of the regulations to OMB. As we've noted on this blog, part of the delay may involve the fact that both OMB and the Department of Labor were without heads of their respective agencies until recently. In fact, it only took 12 days from the time that Thomas Perez was confirmed as the new Secretary of Labor until OFCCP sent its final revisions to OMB.
It is not clear when OMB will act on OFCCP's submission. OMB has the right to approve the final regulations as submitted, to deny approval if the regulations do not meet the requirements of the Paperwork Reduction Act or other laws, or to request revisions from OFCCP before approval. While some commentators have speculated that the revised regulations may be approved some time in August, others have suggested that it may be later this year before these regulations are approved, if they are approved at all.
Documentation of OMB's receipt of the final regulations can be found on the reginfo.gov website at http://www.reginfo.gov/public/do/eoDetails?rrid=123242. Unfortunately, there is no formal way to view the final version of the revised regulations until OMB makes a decision about these regulations or until OFCCP decides to release them to the public.
Monday, July 29, 2013
Perez Confirmed as Secretary of Labor
After months of waiting, and after some tense moments over whether the Democrats in the Senate would fundamentally change the rules of the Senate, Thomas Perez was confirmed as new Secretary of Labor on July 18, 2013. Senate Republicans had been blocking Mr. Perez's confirmation since May, but his nomination finally was approved after both parties agreed to proceed to a vote on a number of controversial nominations. Senate Democrats had threatened to implement the "nuclear option" in regard to presidential appointments by changing senate rules to thwart any possible filibuster on such nominations, but a compromise was reached at the last second, and a number of President Obama's appointees, including Mr. Perez, were approved during the week of July 15.
Mr. Perez faces a number of challenges upon joining the Department of Labor. The Office of Federal Contract Compliance Programs (OFCCP) and other DoL agencies have a variety of controversial proposals that are waiting for final publication. Among the proposed rules awaiting action are OFCCP's proposed revisions to the regulations regarding veterans and persons with disabilities. When (or if) these proposals will see the light of day remains unknown. Mr. Perez also needs to determine whether there will be any changes in the leadership team at DoL. While nothing has been said in this regard, Mr. Perez appears to have a strong relationship with OFCCP head Patricia Shiu, and we expect she will continue in her role at OFCCP.
Mr. Perez faces a number of challenges upon joining the Department of Labor. The Office of Federal Contract Compliance Programs (OFCCP) and other DoL agencies have a variety of controversial proposals that are waiting for final publication. Among the proposed rules awaiting action are OFCCP's proposed revisions to the regulations regarding veterans and persons with disabilities. When (or if) these proposals will see the light of day remains unknown. Mr. Perez also needs to determine whether there will be any changes in the leadership team at DoL. While nothing has been said in this regard, Mr. Perez appears to have a strong relationship with OFCCP head Patricia Shiu, and we expect she will continue in her role at OFCCP.
Tuesday, June 25, 2013
No News on OFCCP Proposed Changes to Regulations Regarding Veterans and Persons with Disabilities
In April of 2011, OFCCP published proposed revisions to its regulations regarding veterans. In December of 2011, the agency published proposed revisions to its regulations regarding persons with disabilities, many of which paralleled the proposals regarding veterans. While OFCCP has announced various dates when it expected to publish final versions of these regulations, these dates have come and gone without a release of the new regulations.
In its regulatory agenda from December of 2012, the Department of Labor indicated that OFCCP's proposals regarding veterans and persons with disabilities would be issued in final form in June of 2013. As we have now reached the end of June, it seems unlikely OFCCP is going to make this timeframe. Whether we will ever see a final version of these revised regulations remains up in the air. Some people have speculated that these regulations may be issued in fall, while others have suggested that we may see the regulations towards the end of the year. Frankly, we're not entirely convinced a final version of these regulations will ever make an appearance.
It's unclear exactly why these proposed revisions (or the agency's proposed revisions to its scheduling letter and the accompanying itemized listing that were published in September of 2011) continue to languish. It is possible there continues to be some concern at the Office of Management and Budget (OMB) about the possible cost of these proposals to federal contractors and subcontractors. OFCCP may also be hesitant to release final regulations without first having a Secretary of Labor in place. (While Secretary of Labor nominee Thomas Perez has been approved by the Senate Health, Education, and Labor committee, his nomination has not yet advanced to the senate floor.)
Regardless of the reasons for the delay, OFCCP continues to focus on issues concerning veterans and persons with disabilities during compliance reviews. In fact, the agency seems to be implementing some components of these proposed regulations already. For example, OFCCP compliance officers routinely request extensive information on accommodations for persons with disabilities and routinely ask for numbers of veterans and persons with disabilities among recent hires during compliance reviews.
To see copies of the proposed changes to the regulations regarding veterans and persons with disabilities as well as a copy of the Department of Labor's regulatory agenda from December of 2012, visit the documents page on our website.
In its regulatory agenda from December of 2012, the Department of Labor indicated that OFCCP's proposals regarding veterans and persons with disabilities would be issued in final form in June of 2013. As we have now reached the end of June, it seems unlikely OFCCP is going to make this timeframe. Whether we will ever see a final version of these revised regulations remains up in the air. Some people have speculated that these regulations may be issued in fall, while others have suggested that we may see the regulations towards the end of the year. Frankly, we're not entirely convinced a final version of these regulations will ever make an appearance.
It's unclear exactly why these proposed revisions (or the agency's proposed revisions to its scheduling letter and the accompanying itemized listing that were published in September of 2011) continue to languish. It is possible there continues to be some concern at the Office of Management and Budget (OMB) about the possible cost of these proposals to federal contractors and subcontractors. OFCCP may also be hesitant to release final regulations without first having a Secretary of Labor in place. (While Secretary of Labor nominee Thomas Perez has been approved by the Senate Health, Education, and Labor committee, his nomination has not yet advanced to the senate floor.)
Regardless of the reasons for the delay, OFCCP continues to focus on issues concerning veterans and persons with disabilities during compliance reviews. In fact, the agency seems to be implementing some components of these proposed regulations already. For example, OFCCP compliance officers routinely request extensive information on accommodations for persons with disabilities and routinely ask for numbers of veterans and persons with disabilities among recent hires during compliance reviews.
To see copies of the proposed changes to the regulations regarding veterans and persons with disabilities as well as a copy of the Department of Labor's regulatory agenda from December of 2012, visit the documents page on our website.
Wednesday, March 27, 2013
When Will We See New Regulations for Veterans and Persons with Disabilities?
In April of 2011, OFCCP released proposed changes to its regulations regarding veterans. Later that year, in December, OFCCP released proposed changes to its regulations regarding persons with disabilities. Each set of proposed changes has significant revisions to the current affirmative action regulations for these groups. OFCCP had hoped to publish these regulations in final form during 2012, but this did not occur.
The Department of Labor (DoL) in its regulatory agenda published in December of 2012 stated that OFCCP's new regulations regarding veterans and persons with disabilities would be released in final form in April of 2013. We believe that DoL is not going to meet this timeframe. Among the reasons we believe these regulations will be further delayed are the following:
The proposed regulations and the DoL's December 2012 regulatory agenda can be found on the documents page on our website. Our thoughts on the proposed regulations can also be found on our website as part of our "older news" page.
The Department of Labor (DoL) in its regulatory agenda published in December of 2012 stated that OFCCP's new regulations regarding veterans and persons with disabilities would be released in final form in April of 2013. We believe that DoL is not going to meet this timeframe. Among the reasons we believe these regulations will be further delayed are the following:
- The Department of Labor is going to be hesitant to publish extensive new regulations while a new Secretary of Labor is being confirmed and is starting in the position. Hearings have not yet begun for the Obama administration's nominee for Secretary of Labor, Thomas Perez, and these hearings may be contentious because of positions Mr. Perez took while at the Department of Justice.
- OFCCP already has too many regulatory initiatives on its plate. Most notably, the agency just released a new directive regarding compensation that will require extensive training for OFCCP compliance officers and extensive oversight from OFCCP officials.
- The Office of Management and Budget (OMB) may have concerns over the costs and burdens that would be imposed under OFCCP's proposed changes to its regulations. Federal contractors and their representatives have made it very clear to OMB that OFCCP grossly underestimated the cost both in terms of dollars and time that would be required to implement the proposed changes.
The proposed regulations and the DoL's December 2012 regulatory agenda can be found on the documents page on our website. Our thoughts on the proposed regulations can also be found on our website as part of our "older news" page.
Friday, February 1, 2013
Where Do We Stand?
The current picture in regard to what’s happening at OFCCP seems to grow murkier all the time. During 2012, we noticed multiple changes in approach and behavior from the agency. We also noticed multiple changes in emphasis during affirmative action compliance reviews. We’d like to use this article to share what we believe is happening at OFCCP, and provide you with an update on the status of several of the agency’s major initiatives.
During 2011, OFCCP released a number of proposals that would have fundamentally changed the agency’s expectations for federal contractors and subcontractors. These proposals included the following:
Proposed Revisions to Regulations Regarding Veterans - OFCCP has proposed a number of dramatic changes to their regulations regarding veterans. Among these proposed changes are requirements to:
During 2011, OFCCP released a number of proposals that would have fundamentally changed the agency’s expectations for federal contractors and subcontractors. These proposals included the following:
Proposed Revisions to Regulations Regarding Veterans - OFCCP has proposed a number of dramatic changes to their regulations regarding veterans. Among these proposed changes are requirements to:
- survey applicants for veteran status
- establish "linkage agreements" with multiple veterans recruitment sources
- establish some form of placement goals for veterans, and
- collect five (5) years of data regarding the recruitment of veterans.
Friday, August 24, 2012
OFCCP Initiatives Stalled
While audit action has heated up considerably during 2012, many of OFCCP's major initiatives have stalled since the start of the year. Among the OFCCP initiatives where there has been no action are the following:
A recent report in Politico suggests that the Obama administration has decided to slow down the issuance of new regulations and directives as the presidential election approaches. Whether this is the reason various OFCCP proposals have stalled or there is some other reason, we continue to wait for formal guidance from the agency on a number of fronts.
- Finalization of the revisions to the agency's regulations regarding veterans
- Finalization of the revisions to the agency's regulations regarding persons with disabilities
- Finalization of the proposed changes to the scheduling letter and itemized listing that are used to open an affirmative action compliance review
- A new set of regulations or guidance on compensation
- Revised regulations for construction contractors
A recent report in Politico suggests that the Obama administration has decided to slow down the issuance of new regulations and directives as the presidential election approaches. Whether this is the reason various OFCCP proposals have stalled or there is some other reason, we continue to wait for formal guidance from the agency on a number of fronts.
Subscribe to:
Posts (Atom)