The Administrative Task Force plays a critical role in keeping our OSHA practice current and vibrant. We follow developments daily and we work together to analyze the impact that proposed and actual changes will have on the law in general and specifically on our client’s industries. Employers today face an unprecedented range of workplace safety and OSHA legal issues as government increases worker safety and health regulation and demands meticulous reviews by its OSHA inspection force.
On December 8, 2011 the Office of Federal Contract Compliance Programs (the “OFCCP”) published a Notice of Proposed Rulemaking in the Federal Register that would revise the regulations implementing Section 503 of the Rehabilitation Act of 1973, including setting hiring goals for individuals with disabilities.
Continue Reading...Federal contractors have numerous non-discrimination and affirmative action obligations under Executive Order 11246, the Vietnam Era Veterans' Readjustment Assistance Act ("VEVRAA") and the Rehabilitation Act, including the preparation of annual written affirmative action plans. These obligations are enforced by the Department of Labor's Office of Federal Contract Compliance Programs ("OFCCP"), which is currently headed by Patricia A. Shiu. Since Shiu was appointed director in August of 2009, the OFCCP has been extremely active, increasing contractors' affirmative action requirements and expanding the OFCCP's role in enforcing these requirements. The OFCCP's recent efforts are notable because they will likely increase contractors' data collection and reporting requirements. Several of these actions are described below.
The Veterans’ Employment and Training Service (VETS) of the Department of Labor (DOL) just posted a “Special Announcement” delaying the 2011 VETS-100/100A Filing Cycle.
Typically, covered employers are required to submit the VETS-100 and VETS-100A Reports annually by September 30. The forms identify the number of protected veteran employees and new hires in the workforce. This year, the Department had announced a plan to accept electronic submissions of the reports effective August 1, 2011. Unfortunately, technical problems have interfered with the electronic filing. Contractors presently cannot register or file for the 2011 cycle.
Continue Reading...By proposing to amend its Scheduling Letter and Itemized Listing, the Office of Federal Contract Compliance Programs (“OFCCP”) is at it again, imposing greater burdens on federal contractors. Following its recent proposal to strengthen contractors’ affirmative action efforts for veterans, the OFCCP has now issued a proposal to modify its Scheduling Letter and Itemized Listing used in compliance reviews and compliance checks. On May 12, 2011, the OFCCP published Notice in the Federal Registry requesting comments on its proposed changes. The current Scheduling Letter and Itemized Listing are set to expire on September 30, 2011. Comments on the proposed changes must be submitted by July 11, 2011.
Continue Reading...The Office of Federal Contract Compliance Programs (“OFCCP”) has issued a proposed rule to strengthen the current regulations that require federal contractors and subcontractors to engage in affirmative action efforts for veterans. The proposed rule was published in the Federal Register on April 26, 2011. Fed. Reg. 23,358 (Apr. 26, 2011). Public comments regarding the rule are due by June 27, 2011.
The OFCCP’s proposed rule would revise the regulations that implement the Vietnam Era Veterans’ Readjustment Assistant Act (“VEVRAA”), 41 CFR Parts 60-250 and 60-300, which have generally remained unchanged since 1976. VEVRAA, its amendments and regulations prohibit contractors from discriminating against protected veterans and additionally require contractors to take affirmative action to recruit, employ, and advance the employment of protected veterans. VEVRAA also requires certain contractors to maintain a written Affirmative Action Plan.
Continue Reading...In recent months the federal government has announced a number of initiatives designed to increase the employment of individuals with disabilities in both the private and government sectors. These measures send a clear message to employers: audit your practices now to ensure adequate outreach and accessibility to the disabled.
Continue Reading...The OFCCP is a federal agency that enforces equal employment opportunity and affirmative action laws. Entities that fall under the jurisdiction of the OFCCP have numerous affirmative action obligations if they have contracts or subcontracts with executive branch agencies. A Labor Department Administrative Law Judge (“ALJ”) recently issued a decision that could expand the reach of the OFCCP to include hospitals and other health care entities which provide medical services for beneficiaries of TRICARE. See OFCCP v. Florida Hospital of Orlando, DOL OALJ No. 2009-OFC-00002 (October 18, 2010). Florida Hospital has appealed the ALJ’s ruling. If the ruling stands, numerous health care providers will be subject to the OFCCP’s jurisdiction.
The ruling is especially notable considering that there has been an increase in funding of the OFCCP and an increase in hiring of OFCCP compliance officers. With this in mind, hospitals and health care providers should review their contractual obligations to determine whether they are federal contractors or subcontractors. Entities that are federal contractors and subcontractors must comply with numerous obligations including filing EEO-1 and Vets 100/100A reports, ensuring nondiscrimination in employment, posting certain notices, establishing affirmative action programs and conducting adverse impact analyses for hires, promotions and terminations.
Continue Reading...The Secretary of Labor has finalized implementing regulations under Executive Order 13496, which requires federal contractors and subcontractors covered by the National Labor Relations Act (NLRA) to post a new notice advising employees of their rights under the Act. Note that most employers in the private sector are covered by the NLRA; the Order is not limited to companies with union activity or representation.
The regulations are codified at Title 29, Part 471 of the Code of Federal Regulations. The Department of Labor (DOL) also provides a helpful fact sheet about the new requirement.
Continue Reading...The Office of Federal Contract Compliance Programs (OFCCP), recently signaled that it may conduct more evaluations of multi-facility employers. Its recently revised standard Corporate Scheduling Announcement Letter (CSAL) describes new and different practices that will accompany compliance audits of federal contractors.
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