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MIC CHECK: PAY DATA COLLECTION TOOL NPRM FOLLOWS ON HEELS OF OFCCP LISTENING SESSION

May 15, 2014

On April 29, 2014, the OFCCP held a “listening session” to discuss the forthcoming regulations addressing President Obama’s Executive Order on pay discrimination and memorandum on contractor compensation data collection. During this meeting, a...

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Compensation Data Collection Tool: EO Survey 2.0?

April 29, 2014

Overview

The new memorandum from President Obama, signed on Equal Pay Day, directs the Secretary of Labor to publish a Notice of Proposed Rulemaking (NPRM) within 120 days of the date of this memorandum. The rule will require Federal contractors to...

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Obama Issues Symbolic Executive Order on Retaliation for Pay Disclosure

April 29, 2014

On April 8, 2014, President Obama issued Executive Order 13665—Non-Retaliation for Disclosure of Compensation Information.  The Executive Order states,

The contractor will not discharge or in any other manner discriminate against any employee or...

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The Reality of Disability Survey Nonresponse

April 15, 2014

In a recent post, we highlighted some of the problems that may be encountered with collecting and analyzing the disability status of employees. In particular, there are data collection problems with relying upon a voluntary self-identification...

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UPDATE ON OFCCP ENFORCEMENT ACTIVITY FROM FY2013

April 15, 2014

What is the likelihood of having a conciliation agreement at the end of an OFCCP compliance review? Does this vary by region? Being well into FY2014, it is time to begin wading through OFCCP’s enforcement activity of FY2013 to identify recent...

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Reminder: Notifications to the States Must Be Submitted Simultaneously With Job Listing

April 15, 2014

As previously discussed in this blog post, the revised VEVRAA regulations became effective for Federal contractors on March 24, 2014. Although some contractors may have additional time for Subpart C, the rest of the requirements went live on the...

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EMPLOYEE VOLUNTARY DISABILITY SELF-IDENTIFICATION FORM: WHICH JOHN SMITH?

April 15, 2014

The OMB-approved voluntary disability self-identification form allows for employees to provide their name, but no other unique identifying information. What if a federal contractor has multiple employees with the same name (e.g., John Smith)?...

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Secretary Of Labor Announces Moratorium For TRICARE Providers

April 01, 2014

The Secretary of Labor, Thomas Perez, announced a moratorium on enforcement of affirmative action obligations for TRICARE providers. In a letter to several members of the Committee on Education and the Workforce and the Subcommittee Workforce...

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OFCCP Onsite Reviews: Back And Better Than Ever

April 01, 2014

OFCCP onsite visits had previously been on the decline, and were virtually non-existent as recently as fiscal year end 2013. However, onsite visits appear to be back, and OFCCP is focusing on compensation. This is not surprising given the agency’s...

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OFCCP'S FY 2015 Budget - What to Expect From OFCCP

April 01, 2014

Secretary of Labor Thomas Perez released President Obama’s FY 2015 budget on March 4, 2014, including a request for over $107 million for OFCCP. The total increase in the budget amount this fiscal year is almost $3 million, including 710 FTE...

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District Court Judge Rules in Favor of OFCCP’s New Section 503 Rrule

March 21, 2014

A ruling was issued today by District Judge Emmet Sullivan in the case of Associated Builders Contractors, Inc. v. Patricia A. Shiu in the United States District Court for the District of Columbia (the ruling may be viewed here). Associated...

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ARE THE NEW 503 AND VEVRAA METRICS A PART OF THE DESK AUDIT?

March 17, 2014

One interesting and unanswered question, related to the new 503 and VEVRAA regulations, concerns what information would be required for submission to OFCCP as part of the desk audit. Because OFCCP’s scheduling letter defines what is required as part...

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