OFCCP had an extremely busy year in 2013 with the release of Directive 307 in February and the updated Federal Contract Compliance Manual (FCCM) in August. The agency also published the revised Section 503 and VEVRAA regulations on September 24, 2013. Federal contractors have certainly experienced many changes in 2014 as they implement the new regulations and comply with a number of executive orders and a Presidential Memorandum impacting pay transparency as well as sexual orientation and gender identify. DCI outlined the following regulatory summary to help you stay abreast of all the upcoming changes affecting federal contractors:
Executive Order: 13658: Establishing a Minimum Wage for Contractors
Signed: February 12, 2014
Published: February 20, 214
Effective Date: applies to covered contracts where the solicitation for such contract is issued on or after January 1, 2015
Noticed of Proposed Rule Making (NPRM): 79 FR 34568
Executive Order 13665: Non-Retaliation for Disclosure of Compensation Information
Signed: April 8, 2014
Published: April 23, 2014
Effective Date: applies to contracts entered into on or after effective date of final rules.
NPRM: due 160 days after Order (mid-September 2014)
Presidential Memorandum- Advancing Pay Equality through Compensation Data Collection
Signed: April 8, 2014
NPRM released and published in the Federal Register on August 8, 2014. There is a 90-day public comment period with comments due by November 6, 2014.
Executive Order 13672: Further Amendments to Executive Order 11478, Equal Employment Opportunity in the Federal Government, and Executive Order 11246, Equal Employment Opportunity (LGBT Discrimination)
Signed: July 21, 2014
Published: July 23, 2014
Effective Date: applies to contracts entered into on or after effective date of final rules
NPRM due 90 days after Order (mid-October 2014)
Executive Order: 13673: Fair Pay and Safe Workplaces
Signed: July 31, 2014
Published: August 5, 2014
Effective Date: applies to all solicitations as set forth in final regulations to be proposed by FAR Council in a timely fashion after considering public comments, as appropriate.
Contractors may find it difficult to focus on the various compliance updates and regulatory developments, however DCI recommends that you focus on OFCCP’s recent trends and top priorities as mentioned in our previous blog and outlined below:
- Steering
- Compensation
- Hiring Cases
- Good faith efforts
- Recordkeeping
By: Yesenia Avila, HR Analyst, and Dave Cohen, President, DCI Consulting Group
