Welcome to the DCI Consulting Blog

Former OFCCP Acting Director Craig Leen Formally Announced as Director

December 27, 2018

On December 26, 2018, the Department of Labor formally announced that Craig Leen, formerly Acting Director of OFCCP, was named the Director of OFCCP. Leen took over for former Director Ondray T. Harris after he stepped down from the position in July...

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DCI Among 2018 Human Resources Today MVP Winners

December 13, 2018

On December 5, 2018, DCI won second place in the 2018 Human Resources MVP Awards for Employment Law. The MVP Winning Post, The New Compensation Directive: The Good, the Bad, and the Ugly, was written by DCI President David Cohen and Director of EEO...

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Directive 2019-03: Opinion Letters and Help Desk

November 30, 2018

Directive 2019-03 aims to enhance the established, and well utilized, OFCCP Help Desk. Last year, Help Desk received over 2,600 inquiries and OFCCP aims to increase its efficiency. Help Desk is a compliance assistance tool designed for providing...

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Directive 2019-02: Easy Resolution Procedures

November 30, 2018

Directive 2019-02 establishes OFCCP’s Early Resolution Procedures (ERP) and outlines general guidelines for implementation. The ERP is intended to aid contractors with multiple establishments in developing corporate-wide corrective actions to meet...

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Directive 2019-01: Evaluation Procedures

November 30, 2018

With the release of Directive 2019-01, OFCCP rescinded the previously used Active Case Enforcement directive (DIR 2011-01) or ACE. The directive directs both staff and the contractor community to utilize the Federal Contractor Compliance Manual...

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Directive Friday: Clarifying OFCCP’s Compliance Procedures

November 30, 2018

OFCCP issued 3 new policy directives today, November 30, 2018. All directives were announced under the purview of ‘advancing clear and efficient compliance’ and providing federal contractors with greater certainty on how OFCCP conducts compliance...

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2019 Looks to be A Busy Year for OFCCP (and Contractors)

November 20, 2018

In 2018, under the leadership of Acting Director Craig Leen, OFCCP began its journey of transparency.  We saw it reflected in the release of a Contractor Bill of Rights, nine (9) new Directives by the agency and a Memorandum of Understanding (MOU)...

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EEOC Holds Public Meeting to Discuss Harassment Prevention

November 05, 2018

On October 31st, the Equal Employment Opportunity Commission (EEOC) held a public meeting at agency headquarters on the topic of harassment. Titled "Revamping Workplace Culture to Prevent Harassment," this meeting brought together several...

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Help Is Here! Task Force Releases Documents to Enhance Compliance with California Equal Pay Act

October 26, 2018

California is leading the country in its momentum to address gender pay inequity—as evident by the passing of the California Fair Pay Act (CFPA) in October 2015 and the September 2018 release of guidance for employees, employers, and unions on its...

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Rewarding Employers who Recruit, Employ, and Retain Our Nation’s Heroes

October 22, 2018

DOL has announced its new HIRE Vets Medallion Award Program that allows employers to be publicly recognized for their commitment to recruiting, hiring, and retaining veterans (program fact sheet).  Known as the HIRE Vets Act, the Act was enacted by...

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OFCCP Releases Notice for Public Comment on Leadership in Equal Access and Diversity (LEAD) Award

October 20, 2018

On October 19, 2018, OFCCP released a notice asking for public comment on its proposed Leadership in Equal Access and Diversity (LEAD) Award. The LEAD Award is a joint effort from OFCCP with the DOL’s Women’s Bureau to “recognize contractor best...

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Affirmative Action in District Court: SFAA v. Harvard

October 16, 2018

Affirmative Action in the educational admissions process is in the spotlight again. On October 15th, arguments began in the case of Students for Fair Admissions v. President and Fellows of Harvard College, in the U.S. District Court for the District...

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Recent OFCCP Settlements: The Hiring Trend Continues

October 13, 2018

On October 12th, OFCCP announced eight settlements that totaled approximately $1.5 million. Six of the settlements were related to hiring practices. Below is a brief description of each.

Penske Truck Leasing Co., L.P.: A Reading, PA location of...

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OFCCP Offers Compliance Relief for Contractors Affected by Hurricane Michael

October 12, 2018

Craig Leen, Acting Director of OFCCP, authored a memorandum granting federal contractors a limited exemption & waiver from some required compliance efforts following Hurricane Michael. The memo details its intention to assist new supply & service...

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Memorandum of Understanding between OFCCP & NILG

October 08, 2018

OFCCP has a released a “Memorandum of Understanding” (MOU) detailing the respective commitments that OFCCP and the National Industry Liaison Group (NILG) will make in furthering compliance assistance. The tone of this memo is in keeping with the...

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David Cohen and Joanna Colosimo Published in Law360 Article

October 01, 2018

On October 1, 2018, DCI President David Cohen and Director of EEO Compliance Joanna Colosimo were published in Law360. Their expert analysis "A Closer Look at OFCCP's New Compensation Directive" can be read here:  ...

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Transparency on Audit Trends

September 25, 2018

In line with the current objective of transparency, OFCCP has publicly shared with federal contractors the scheduling methodology for identifying establishments to audit, parameters for requesting an extension to submit materials for a desk audit...

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VETS-4212 Deadline Fast Approaching

September 24, 2018

The deadline for filing your 2018 VETS-4212 reports is fast approaching, on September 30th. At this time, federal contractors and subcontractors with a contract or subcontract of $150,000 or more are required to file these reports.

As a reminder,...

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Another Day Another Directive (or Two)

September 19, 2018

OFCCP released two new directives today, bringing the total number of directives issued since August 10, 2018 to seven. OFCCP had only issued 14 directives total, prior to this year.

The first new directive (Directive 2018-08) outlines efforts to...

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Texas v EEOC: DOJ Weighs in on Technicalities

September 17, 2018

Briefly, the Department of Justice (DOJ) weighed in on the appeal to the State of Texas v. Equal Employment Opportunity Commission (EEOC) district court ruling from February. The main crux of the submitted brief re-asserts that Texas has no standing...

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OFCCP Seeks to Simplify Process For FAAP Agreement Requests

September 14, 2018

In an effort to increase contractor participation in the functional affirmative action program (FAAPs), OFCCP proposed a new directive simplifying the process for FAAP agreement requests. This proposed directive comes after Craig Leen, Acting...

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What to Expect in a Focused Section 503 or VEVRAA Review

September 13, 2018

OFCCP regularly audits federal contractors for compliance with Executive Order 11246, Section 503 of the Rehabilitation Act, and the Vietnam Era Veterans’ Readjustment Act. According to Directive 2018-04, a portion of compliance evaluations...

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OFCCP Releases 750 CSAL Letters – What You Need to Know

September 10, 2018

On September 7, 2018, OFCCP announced the release of 750 Corporate Scheduling Announcement Letters (CSALs).

Here’s what you need to know:

  • Contractors receiving a CSAL should theoretically have, at least, 45 days advance notice prior to receiving a...
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Religious Directive: What is a Contractor to Do?

September 09, 2018

When President Trump took office almost two years ago, one of his first acts was to issue a freeze on new and pending regulations. Since then, OFCCP has released a flurry of directives (sub-regulatory guidance) and guidance related to compliance and...

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New Round of CSALs Sent Out – Be on the Lookout

September 07, 2018

The following information was published on the OFCCP website today, September 7, 2018: https://www.dol.gov/ofccp/regs/compliance/faqs/csalfaqs.htm

750 CSAL letters were mailed to contractor establishments on September 7, 2018, as a supplement to the...

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The New Compensation Directive: The Good, the Bad, and the Ugly

August 30, 2018

In light of the new OFCCP compensation Directive released on Friday August 24, 2018, DCI has done a deep dive into the specifics outlined in the Directive as well as the accompanying FAQs.   Although this Directive appears to be more transparent...

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OFCCP Releases Directives on AAP Verification Initiative and Contractor Recognition Programs

August 24, 2018

In addition to its new directive on compensation, today OFCCP released a directive on its Affirmative Action Program Verification Initiative and its Contractor Recognition Program.

Here is an overview of each Directive:

Directive 2018-06...

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OFCCP Releases New Compensation Directive

August 24, 2018
Today, August 24, 2018, OFCCP released a new compensation directive to outline its  standard procedures for reviewing contractor compensation practices during a compliance evaluation.  This directive replaces OFCCP Directive 2013-03 (known as...
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Video Blog: 2018 Mid-Year Review - What to Know About OFCCP

August 13, 2018

DCI President David Cohen and Director of EEO Compliance Joanna Colosimo come together to go over recent OFCCP news and how the rest of 2018 is looking for the industry.

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Video Blog: Comparing Apples & Oranges: Similarly Situated Employee Groupings vs. OFCCP Pay Analysis Groups

August 13, 2018

DCI President David Cohen sits down with Director of EEO Compliance Joanna Colosimo to chat about the difference between similarly situated employee groupings and OFCCP pay analysis groups.

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New Directive by OFCCP

August 10, 2018

OFCCP releases a new directive on focused reviews. Read the directive here.  

 

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VETS-4212 Website is Active for 2018 Filing Season

August 09, 2018

The Department of Labor has opened the VETS-4212 reporting website for the 2018 filing season, which officially started on August 1st and continues through the filing deadline of September 30, 2018. The Veterans’ Employment and Training Service...

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OFCCP’s ‘Contractor Bill of Rights’ Released

August 03, 2018

OFCCP Acting Director Craig Leen announced the release of a fact sheet on ‘What Federal Contractors Can Expect’ at the opening ceremony of the National ILG conference in Anaheim, CA last week.

The document outlines the key themes from Leen’s...

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Contractor Certification Program Announced by Craig Leen

August 03, 2018

On Friday August 3, 2018, Acting OFCCP Director Craig Leen announced OFCCP’s  development of a contractor certification during the closing remarks of the National ILG conference in Anaheim, CA.  Leen discussed the System for Award Management (SAM)...

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Ondray T. Harris is Leaving OFCCP

July 26, 2018

Ondray T. Harris, Director of OFCCP at the U.S. Department of Labor, is stepping down as of July 27th, 2018 according to Bloomberg Law. The reason for his resignation was not disclosed and comes after less than 8 months on the job.

Craig E. Leen,...

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DCI Consultants Lisa Harpe, Ph.D. and Sarah Gilbert, M.S., Published in Law360

July 18, 2018
On July 18, DCI Consultants Lisa Harpe, Ph.D. and Sarah Gilbert, M.S., were published  in  Law360  for their co-written article "Employee Performance Ratings: Tainted or Sainted?". To read the full article, visit the Law360 site here: Employee...
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DCI Consultant Cliff Haimann, Ph.D. Published in Law360 Article

July 03, 2018
On July 2, 2018, DCI Consultant Clifford Haimann, Ph.D.  was published in Law360  for his article "Limitations Of Human Capital Theory In Pay Equity Analyses". Read the article here: Limitations Of Human Capital Theory In Pay Equity Analyses
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Save the Date: March 24, 2019

June 24, 2018

DCI Consultants Rosemary Cox, M.S., and Amanda Shapiro, M.S., discuss the March 24, 2019 deadline and what your organization can do to prepare.

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OFCCP Extends TRICARE Moratorium

May 18, 2018

Today the U.S. Department of Labor issued a press release about the publication of a new OFCCP Directive extending the enforcement moratorium relating to the affirmative obligations of TRICARE providers for two years. This moratorium has been in...

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Trust. Communication. Training. - OFCCP's New Action Plan

May 01, 2018

OFCCP recently released its action plan to address three common themes identified during multiple meetings with the contractor community: Trust, Communication, and Training. Committing to a focus on quality, consistency, and transparency OFCCP...

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The Secret Sauce: OFCCP Releases Methodology for Scheduling List

April 25, 2018

As previously reported, Corporate Scheduling Announcement Letters (CSALs) were released in February, with a wave of scheduling letters from certain offices following in March. The methodology used to develop this scheduling list of establishments...

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EEO-1 Deadline Has Been Extended

April 24, 2018

The filing deadline for the 2017 EEO-1 Report had been extended to Friday, June 1, 2018. At this time, federal contractors and subcontractors should ensure that their reports have been filed in an accurate and timely manner, which includes a...

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Takeaways from the April 2018 WMILG Meeting on the #MeToo Movement

April 23, 2018

Join Senior Consultant Yevonessa Hall, M.P.S., and Associate Consultant Jeff Henderson, M.P.S., as they discuss takeaways on the #MeToo movement and what the movement means for employers.

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DCI’s Kayo Sady Publishes Book Chapter on Pay Equity

April 19, 2018

Dr. Kayo Sady, Associate Principal Consultant at DCI, is lead author of a recently published pay equity chapter in an edited volume on wage and hour research entitledWage and Hour Law: Guide to Methods and Analysis. The chapter covers concepts of...

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Introducing DCI's New Pay Equity Resource

April 18, 2018

As pay equity issues have gained traction in the media, it has become more important now than ever to have access to the most recent state and international pay equity laws. As part of our efforts to provide the most accurate and updated resources,...

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DCI Speakers at the 2018 SIOP Annual Conference

April 17, 2018

Planning on attending the 2018 Society for Industrial and Organizational Psychology (SIOP) Annual Conference? See below or click here to download a full schedule of speakers from DCI at SIOP!

 

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UK Gender Pay Gap Results

April 12, 2018

In April 2017, the “Gender Pay Gap 2010 (Gender Pay Gap Information) Regulations 2017” legislation was enacted in the UK, requiring employers with at least 250 employees to analyze their gender pay gap according to specific criteria (more...

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Congress Heads to Class: FranklinCovey to Provide Sexual Harassment Training

April 11, 2018

Following several high profile sexual harassment allegations amongst members of Congress, in November 2017, the House and Senate passed a resolution requiring sexual harassment training for all lawmakers and staff. This mandatory in-person training...

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DOL Violated Contractor’s 4th Amendment Rights

April 09, 2018

Last year, DCI blogged about a case involving Baker LLC and the Department of Labor in which the court ruling favored OFCCP’s audit strategy of prioritizing the compliance investigation based on oral complaints related to mistreatment of African...

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Target Settles Law Suit Regarding Criminal History Screening

April 06, 2018

Target Corp. entered into a preliminary settlement on April 5th to resolve charges of discrimination in using criminal history records in making hiring determinations for hourly and entry-level non-exempt positions. This settlement comes the same...

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OFCCP Scheduling Letters are Starting to be Received

March 30, 2018

In February, OFCCP issued 1,000 CSAL letters for contractor establishments, with the expectation that scheduling letters would be mailed starting March 19, 2018.  DCI has learned of some of those scheduling letters being received at contractor...

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Annual VEVRAA Hiring Benchmark lowered to 6.4 Percent

March 30, 2018

Today the 2018 Annual Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) hiring benchmark was updated on the VEVRAA Benchmark Database.  Effective on March 31, 2018, the new benchmark will be 6.4%.  

National and state information has also...

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New Sheriff in Town: Ondray T. Harris Speaks at Institute Conference

March 23, 2018

The Institute for Workplace Equality (IWE) held a Compliance Conference in San Francisco last month in which representatives participated from the EEOC and OFCCP. Victoria Lipnic, Acting EEOC Chair, addressed attendees on the #MeToo movement...

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President Trump Announces Nomination for EEOC General Counsel

March 20, 2018

On March 19, 2018, President Trump Nominated Sharon Gustafson as General Counsel of the Equal Employment Opportunity Commission (EEOC) for a term of four years. For twenty-six years, Ms. Gustafson has practiced before the EEOC and the federal...

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OFCCP Issues Directive on Consistent Use of the Predetermination Notice (PDN)

March 14, 2018

On February 27, 2018, OFCCP Director Ondray Harris issued OFCCP Directive 2018-01. The directive is intended to provide guidance to OFCCP staff on the compliance process and procedure regarding the use of Predetermination Notices (PDN) and ensure...

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Interested in Pay Equity Benchmarking? Take our Pay Equity Research Survey

March 13, 2018

Over the past few decades, pay equity has become a hot topic and priority for social justice advocates, enforcement agencies, and savvy employers. Typically the pay gap is defined as the difference in men's and women's median earnings, but for...

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Uber Technologies Pay Equity Study Insights

March 01, 2018

 

A recent study by Uber Technologies, Inc. (Uber) provides an illuminating example of the nuance required in interpreting gender wage gap numbers. In collaboration with researchers from Stanford and University of Chicago, Uber released the...

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EEO-1 Filing Locations: Client Sites Required?

February 23, 2018

In recent weeks, guidance was released by the EEOC’s Joint Reporting Committee detailing that employers with employees who “regularly report” to client sites must now report those employees on an EEO-1 report with the address of the client site, as...

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Split Decision on EEOC Background Check Guidance Case in Texas

February 16, 2018

On February 1, 2018, a federal court judge issued a split decision in Texas v. the Equal Employment Opportunity Commission (EEOC) regarding enforcement of the EEOC’s 2012 guidance on background checks. The guidance warns that employers’ use of...

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OFCCP Releases Its FY 2019 Budget Justification – What can we Learn?

February 14, 2018

On Monday February 11th, the Trump Administration released its proposed FY 2019 budget. In addition, OFCCP released its FY 2019 Congressional Budget Justification (CBJ) document.  It is important to note that the proposed budget for OFCCP at $91...

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DOL Budget Released - EEOC and OFCCP Merger is Officially Dead

February 13, 2018

According to the proposed FY 2019 U.S. government budget, the proposed merger between OFCCP and EEOC is officially dead. The FY 2019 Budget proposes the following:

  • Improving organization efficiency and effectiveness by modernizing the agency’s...
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The Recent Application of Human Capital Theory to the Analysis of Pay Equity

February 11, 2018

Recently, in some OFCCP audits and private litigation, the Agency and plaintiffs’ statistical experts have applied a Human Capital Theory (Becker, 1975) approach when evaluating compensation disparities between different subgroups. According to...

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Help Is On The Way! Task Force Approves Draft Documents to Enhance Compliance with California Equal Pay Act

February 10, 2018

On January 10th, the California Pay Equity Task Force approved the substance of several draft documents that provide guidance to employers on complying with the California Equal Pay Act (CEPA) in light of amendments enacted over the past several...

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U.K. and Germany: Combatting the Pay Gap

February 09, 2018

Pay equity continues to be a topic to discuss! For example, numerous states have recently issued new pay equity laws or strengthened their existing ones (for example, California, Maryland, New York, and Oregon, to name a few). This emphasis is also...

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A Look at the Annual DOL Report

February 08, 2018

The Department of Labor has released its plan for Fiscal Year 2018, including a look at where the OFCCP intends to go over the coming year.

 

The report highlights OFCCP’s switch from active case management to active case enforcement, and a broader...

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CSAL Letters Issued on February 1, 2018

February 06, 2018

OFCCP has released 1,000 Corporate Scheduling Announcement Letters (CSALs) on February 1st, according to an update and Frequently Asked Questions on the OFCCP website. The letters were issued by national office and signed by new Director, Ondray...

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Bank of America, Amazon Create Policy Banning Prior Salary Interview Question

February 02, 2018

Bank of America (BoA) sent a memo recently to its employees stating that all employees will be prohibited from asking job candidates about their prior salary starting March 2018. Bank of America deemed this policy as another step toward bridging the...

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DOL Releases FY 2017 Agency Financial Report

January 26, 2018

Today, January 26th, the Department of Labor (DOL) released its FY 2017 Agency Financial Report. This report provides fiscal data and summary performance results for each fiscal year (October 1 through September 30), and provides an overview of...

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New Year, Same EEO-1 Report

January 22, 2018

Now that the new year is in full swing, we hope that your company is planning for, or already working on, your 2017 EEO-1 report filing. As previously reported, EEO-1 reports will now be filed in quarter 1 of each year, but the reports are based on...

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