By: Bill Osterndorf
On July 8, 2024, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) released a revised version of form CC-257 that would collect data on construction employees working for federal construction contractors and subcontractors. Form CC-257 is entitled “Monthly Employment Utilization Report.” The form would require an extensive submission of data each month from construction companies working on federal projects.
The release of form CC-257 is part of OFCCP’s continuing focus on construction companies. Since 2020, OFCCP has redirected resources to overseeing the affirmative action compliance activities of construction companies that directly or indirectly receive federal funds. Among the major new initiatives regarding construction were there the release of a new letter used to gather information at the start of a construction compliance review and the announcement of compliance assistance programs associated with Mega Construction Projects.
Monthly Information Collection
As discussed in our previous blog related to form CC-257, OFCCP had been using a version of this form to collect information from construction companies until 1995. At that time, the agency discontinued the use of form CC-257 because of the extensive time required by the agency to review reports. In February of 2024, OFCCP published a notice in the Federal Register seeking comments on the reinstatement of form CC-257. The agency’s July 9 notice is a formal request to the Office of Management and Budget for reinstatement of form CC-257.
Changes to Form CC-257
The previous version of form CC-257 from 1995 requested Information within three categories (Journey Workers, Apprentices, and Trainees) for each construction trade within the geographic area(s) where construction work was being performed. The form asked for the following data for each construction trade:
- Work hours for the three categories above by sex within each race category then being tracked by OFCCP
- The total number of male and female employees and the total number of minority males and minority females within the three categories above
The revised version of form CC-257 requests information for five categories (including two new categories, Forepersons and Non-apprenticed Laborers or Helpers) for each construction trade within the geographic area(s) where construction work is being performed. The form explicitly says that construction companies must report separately on each geographic area. The form asks for the following data for each construction trade:
- Work hours for the five categories above by sex within each race and ethnic designation being used on the current EEO-1 form
- The total number of employees by sex within each race and ethnic designation found on the EEO-1 form
The revised version of form CC-257 also requests the following information that was not previously requested:
- Federal funding agencies
- Unique Entity ID (UEI) or Data Universal Numbering System (DUNS) number
- Whether the project is part of an OFCCP Megaproject
- Signature of company official certifying that information in the report is correct
The revised version of form CC-257 must be submitted each month on the 15th day of the month unless the 15th is a weekend or federal holiday. OFCCP’s instructions for revised form CC-257 state that it prefers to have the form submitted electronically, although companies can also submit a PDF to the agency.
Burden to Construction Companies
OFCCP received comments after its initial proposal in February of 2024 to revise form CC-257. These comments are discussed in OFCCP’s supporting statement on form CC-257. Employer groups stated that the collection and reporting of data required by form CC-257 would be very burdensome to construction companies. Employer groups were also concerned about the value of this reporting to OFCCP.
OFCCP generally disagreed with comments received from employer groups. The agency stated that the use of form CC-257 would “help strengthen OFCCP’s construction program.” The agency also stated that construction companies are already required to collect the type of data that is requested by form CC-257. While the agency made minor concessions to the concerns of employer groups, it moved forward with most of the proposal made in February of 2024.
Next Steps
The public can provide comments on the revised version of form CC-257 until August 8, 2024. Comments should be submitted to the Office of Management and Budget (OMB). OMB will then determine whether to approve revised form CC-257, request modifications from OFCCP, or decline to approve the revised form.
OFCCP stated it will begin collecting reports using form CC-257 upon OMB approval. The agency indicated that it would provide “robust compliance assistance and outreach” to help construction companies with this reporting. However, the agency did not suggest it would provide any delay before implementing the requirement to provide reports.
There is no guarantee that OMB will approve the use of form CC-257. However, considering OFCCP’s intention to begin the form’s use immediately upon OMB approval, construction companies that receive federal funds should consider how they will implement the use of form CC-257. These companies should work with HR systems vendors and payroll providers to determine whether and how they will be able to assist in the required reporting.
DCI will continue to monitor developments.
