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Congress Critical of OFCCP

January 11, 2016

If the recently passed federal FY2016 budget is any indication, Congress is not pleased with the current direction of OFCCP. The first indication of this displeasure is the actual budget appropriation for OFCCP. OFCCP asked for a $7.2 million...

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Is “Total Pay” a Useful Analysis?

December 15, 2015

With OFCCP regularly requesting multiple forms of compensation during compliance audits, we revisit the difference between EEO compliance evaluations of base pay versus other compensation metrics. An individual’s base pay is a function of many...

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OFCCP Releases New FAQs on VEVRAA Infographic

December 14, 2015

The OFCCP recently posted two new FAQs confirming that the interpretation, not definition, of “protected veteran” has been broadened to be consistent with the definition used by the Department of Veterans Affairs. As presented in a previous blog,...

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Will the Real Protected Veteran Please Stand Up?

November 24, 2015

In light of some recent buzz centered on OFCCP’s infographic for determining protected veteran status, we wanted to clarify our last post and confirm that OFCCP did not change the definition of any veteran categories. As OFCCP and the Solicitor’s...

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Is OFCCP’s Equal Pay Report Doomed?

November 23, 2015

In the summer of 2014, OFCCP released a Notice of Proposed Rulemaking (NPRM) for collecting compensation data through an Equal Pay Report (EPR) as part of their initiative to combat pay discrimination. The EPR was slated to be final in November of...

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OFCCP Proposes New Language on Interagency Collaboration to be Included in Scheduling Letter

November 17, 2015

The OFCCP Scheduling Letter and Itemized Listing - used to initiate OFCCP supply and service compliance evaluations - is set to expire March 31, 2016. In anticipation of this coming date, OFCCP must obtain approval through Office of Management and...

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OFCCP’s new voluntary poster – is it misleading?

November 13, 2015

OFCCP has released a new voluntary poster: Opening Doors of Opportunity for ALL Workers. The poster emphasizes the agency’s goals of diversity and equal opportunity, as well as expectations that federal contractors “must treat workers fairly and...

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Dissecting the CFPA

November 02, 2015

In another blog, Art Gutman provides an overview of the California Fair Pay Act (CFPA). The CFPA prohibits California employers from paying employees differently due to sex. This is not new, given existing law; however, some of the specifics...

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California Fair Pay Act – Validating Factors Used in Compensation

November 02, 2015

The new California Fair Pay Act (CFPA) is summarized in depth in a previous blog in this series. The CFPA includes strict stipulations for employing “[a] bona fide factor other than sex, such as education, training, or experience” to explain wage...

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The California Fair Pay Act: Does $0 Really Mean $0?

November 02, 2015

Prior to the recently enacted California Fair Pay Act (CFPA), federal and state laws and regulations allowed employers to justify sex differences in salaries by using statistical methodologies to control for legitimate pay factors such as education,...

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California Fair Pay Act: A Letter of Clarification?

November 02, 2015

As discussed in this blog series, the California Fair Pay Act (CFPA) was recently signed into law and provides for bona fide factors other than sex to explain wage differentials.  Separate from the final law, it should be noted that a letter from...

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OFCCP Expands Definition of “Protected Veteran”

October 19, 2015

In 2013, when the VEVRAA implementing regulations were revised, many contractors were confused by the “active duty wartime or campaign badge” category. The regulations define an “active duty wartime or campaign badge veteran” as a veteran who served...

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