The OFCCP Digest Local JobNetwork The OFCCP Digest Alissa Horvitz, Esq. and Deepa Menon, Esq. Diana Younts Bill Osterndorf Chris Lindholm
Fair Pay and Safe Workplaces: Proposed Regulations and Department of Labor Guidance (Part II)
by Alissa Horvitz, Esq. and Deepa Menon, Esq.

In the last issue, highlighted the Executive Order 13673, known as the Fair Pay and Safe Workplaces Executive Order, which President Obama released on July 31, 2014. On May 28, 2015, pursuant to this Executive Order, the Federal Acquisition Regulatory (FAR) Council issued a Notice of Proposed Rulemaking (NPRM). The Department of Labor (DOL) supplemented the proposed rule with its guidance (“DOL Guidance”). As expected, the proposed rule seeks to impose unprecedented employment and labor obligations on companies that wish to sell goods or perform... more

Alissa Horvitz, Esq. Ms. Horvitz, Esq. is co-chair of Littler’s OFCCP Practice Group. She provides advice and counsel to government contractors... more

Deepa S. Menon, Esq. Deepa S. Menon’s practice focuses on the preparation and review of data-driven Affirmative Action Plans (AAP) for federal contractors... more

Insider Information US DOL OFCCP – How to Avoid Common Liability
by Diana Younts

For federal contractors, simple things such as failure to post open positions with local state departments of labor or neglecting to cast a wide employment “net” can lead to incompliance. US DOL OFCCP is looking for these violations to include in their yearly evaluations. Violations, especially financial violations, are the only ways a Federal Agency can justify its existence. OFCCP is no exception... more

Diana YountsDiana Younts is a subject matter expert on affirmative action and equal opportunity. She has a B.A. in Behavior Sciences and a certificate in mediation. Diana is a member of the Atlanta Society of Human Resources Management (SHRM), Metro Atlanta Chamber, and Cobb Chamber of... more

Common Mistakes When Starting an OFCCP Compliance Review
by Bill Osterndorf

It’s never a happy day when your company receives a letter from the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) informing you that your company will be undergoing an affirmative action compliance review. However, there are some common mistakes that companies make at the start of a compliance review that can have major implications for how... more

Bill Osterndorf William A. Osterndorf is President and founder of HR Analytical Services and has been working with affirmative action/equal opportunity issues for the last 25 years in the public and private sectors. Bill specializes in developing and writing affirmative action... more

3 Reasons Why Affirmative Action Plan Outsourcing May Be Right For You
by Chris Lindholm

Plus, eight add-on values that come with outsourcing your affirmative action plan development and support

One of the most common questions asked by contractors when they are gearing up to manage affirmative action plan compliance within their company is: "Should I purchase software or outsource... more

Chris Lindholm Chris Lindholm has 18 years of experience in Affirmative Action Planning and EEO consulting, which includes OFCCP audit support, risk management, training, and software development. Since 1997, Chris has supported thousands of organizations ranging from 50 employees up... more

OFCCP Website Adds Information on Visa Denials for Contractors’ Employees
The U.S. Department of Labor’s OFCCP website was updated to include recent information detailing the proper course of action for federal contractors whose employees or prospective employees are denied a visa by a foreign government. If the contractor suspects that the denial is based on a prohibited factor, such as the employee’s race, sex, sexual orientation, or gender identity, OFCCP outlines a few guidelines for resolving the issue.

OFCCP Posts New Sample AAPs
OFCCP recently added sample Affirmative Action Plans (AAPs) to its website for informational purposes. The AAP sample plans were designed for companies with fewer than 150 employees, but contain information that larger employers can use for guidance. The three sample plans have specific areas of focus, including: Executive Order 11246 (Equal Employment Opportunity), Section 503, and VEVRAA.

OSHA Publishes Guide to Providing Restroom Access for Transgendered Employees
This month, the Occupational Safety and Health Administration (OSHA) released a best practices guide to providing restroom access for transgendered employees in the workplace. The guide outlines a few policy options, as well as specific federal, state, and local regulations for restroom access.

The 33rd annual Industry Liaison Group (ILG) National Conference, “Onward and Upward: Building the Future of Compliance,” will be held at the New York Marriott Marquis in New York City on July 28-31, 2015. This year’s program will highlight “Lessons From Our Past, Strategies For Our Future,” and will focus on a variety of affirmative action, equal employment opportunity, and government compliance topics, including hiring veterans and individuals with disabilities, LGBT protections, and compensation/equal pay issues. Click here to view a full agenda for the event.

OFCCP Compliance Webinar OFCCP Compliance Webinar

Making History: A DOL Fast Fact

Ninety-five years ago this month, the Department of Labor created the Women’s Bureau, which was headed up by its first director, Mary Anderson. In 1920, the bureau’s first year of existence, it developed policies for the employment of women and promoted female welfare in the workplace. Presently, the Women’s Bureau continues to educate companies and support working women, and is led by its 17th director, Latifa Lyles.

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The opinions expressed in this newsletter are the opinions of the individual author(s) and do not necessarily reflect the opinions of the Local JobNetwork™. The information appearing in this newsletter is meant to provide the reader with a general understanding of topics relating to OFCCP compliance requirements and is not legal advice. If you are seeking legal advice to address OFCCP compliance issues or requirements, you should consult an attorney. The Local JobNetwork™ expressly disclaims all liability with respect to actions taken or not taken based on any or all of the contents of this newsletter.