The Department of Labor’s Veterans’ Employment Training Service recently issued a proposed Rule that would change the current annual VETS-100 and VETS-100A reporting requirements. There are several significant changes proposed by the DOL which, in a change from other regulatory developments, would actually decrease work for covered employers.
Currently, under the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”, 38 U.S.C. §4212 et seq.), companies are required to file either the VETS-100, the VETS-100A, or both, by September 30th of each year. The VETS-100 form covers Vietnam-era veterans among other veteran groups and applies only to federal contracts from before December 1, 2003. The Proposed Rule would rescind the VETS-100 requirement. The DOL deems the VETS-100 obsolete, since pre-2003 contracts no longer exist in meaningful numbers.
The VETS-100A requirement would remain, but the report format would change. It would be called the “VETS-4212 Report”. Employee counts will no longer be reported by individual veteran categories, but rather as an aggregated number of protected veterans. The DOL is concerned that reporting “disabled veterans” as a separate category for individual establishments may not adequately protect the privacy of those employees. It also believes aggregated numbers are more useful.
The Proposed Rule is in the comment period. Once finalized and made effective, the DOL has suggested a one-year implementation period before the new report is required.
This Proposed Rule reflects the latest of many veteran initiatives from the DOL. Covered contractors and subcontractors are already well aware of the significant new obligations that go into effect on March 24, 2014. In addition, the DOL’s Office of Federal Contract Compliance Programs (“OFCCP”) recently posted to its website new resources for veteran recruiting. Companies covered by OFCCP regulations should audit their outreach efforts for veterans to ensure they can show documented good faith efforts to reach veteran jobseekers.