Lynn A. Clements, Director, Regulatory Affairs

As Director of Regulatory Affairs for Berkshire, Lynn provides guidance on regulatory strategies, and conducts analyses and expert interpretation of Office of Federal Contract Compliance Programs (OFCCP) policies and requirements.

Recent Posts

Filing your 2017 EEO-1 Report

Posted by Lynn A. Clements, Director, Regulatory Affairs on September 7 2017

The 2017 EEO-1 report will be due March 31, 2018. Because the Office of Management and Budget (OMB) placed a hold on the compensation data component (Component 2), all employers with 100 or more employees and all federal contractors and subcontractors with 50 or more employees will only report the race/ethnicity and gender of employees by Equal Employment Opportunity (EEO) category this reporting cycle. This is the same information that has been reported in previous years. In a change, however, all filers must select a workforce snapshot date during the 4th quarter of 2017 (October, November, December). Below are four important items all employers need to consider when filing their 2017 EEO-1 Report.

PODCAST: Creating AAP Job Groups: It’s an Art, Not a Science!

Posted by Lynn A. Clements, Director, Regulatory Affairs on August 4 2017

Listen to Lynn Clements, Director of Regulatory Affairs, discuss best practices in creating job groups for affirmative action compliance. Job groups are the unit of analysis for many AAP components. Creating job groups that best reflect your organization is the key to ensuring your AAP is a useful management tool and mitigates compliance risks.

Lynn talks about the rules employers must follow to create job groups and why employers should regularly review and update their job group structure. Additionally, she provides a handy resource for AAP professionals, “Five Tips for Creating Strategic AAP Job Groups,” as a take-away reference.

2017 VETS-4212 Report Filing Cycle is Now Open

Posted by Lynn A. Clements, Director, Regulatory Affairs on August 2 2017

Federal contractors and subcontractors with covered contracts of $150,000 or more are required to file an annual Veterans employment report, or VETS-4212 report, with the Department of Labor (DOL) each year. The 2017 reporting cycle opened August 1, and contractors may file reports online here.

House Appropriations Committee Prohibits EEOC from Using FY2018 Appropriations for New EEO-1 Pay Data Report

Posted by Lynn A. Clements, Director, Regulatory Affairs on July 21 2017

The House Appropriations Committee approved its fiscal year 2018 Commerce, Justice, and Science Appropriations bill, which includes funding for the Equal Employment Opportunity Commission (EEOC), by a vote of 31-21. The current draft would fund EEOC at the level requested by President Trump, which is about $700,000 less than EEOC’s FY 2017 funding.

PODCAST: Will Component 2 of the EEO-1 Report Go Forward?

Posted by Lynn A. Clements, Director, Regulatory Affairs on June 16 2017

Listen to Lynn Clements, Director of Regulatory Affairs at Berkshire Associates, discuss recent developments at the Equal Employment Opportunity Commission (EEOC), and how these developments—along with the current political climate—impacts whether or not the revised EEO-1 Report will move forward. 

Lynn also provides listeners with steps employers can take to be proactive, and remain prepared to file.  

Trump’s Budget Proposes Merger of EEOC and OFCCP by End of FY18

Posted by Lynn A. Clements, Director, Regulatory Affairs on May 24 2017

The President’s first budget, released on May 23, proposes big changes for the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) in the next few years. As was widely speculated in recent weeks, the President’s budget proposes to merge OFCCP into the Equal Employment Opportunity Commission (EEOC), “creating one agency to combat employment discrimination.” The budget proposal provides that “OFCCP and EEOC will work collaboratively to coordinate this transition to the EEOC by the end of FY 2018.” The budget proposal asserts that combining the two agencies “builds on the existing tradition of operational coordination between the two agencies. The transition of OFCCP and integration of these two agencies will reduce operational redundancies, promote efficiencies, improve services to citizens, and strengthen civil rights enforcement.”

PODCAST: Trump’s First 100 Days on AA/EEO in 8 Minutes

Posted by Lynn A. Clements, Director, Regulatory Affairs on May 3 2017

In a concise, and to-the-point eight minute podcast, Lynn Clements, Berkshire’s Director of Regulatory Affairs, highlights regulatory and enforcement issues within President Donald Trump’s first 100 days in office. Lynn takes a look back at Trump’s actions, and the impact on federal contractors required to comply with Office of Federal Contract Compliance Programs’ (OFCCP) regulations. 

After you listen to the podcast, you can also download the written summary for your reference here. 

 

Secretary of Labor Confirmed by Senate

Posted by Lynn A. Clements, Director, Regulatory Affairs on April 27 2017


Alexander Acosta, President Trump’s second Secretary of Labor nominee, was confirmed by the Senate this week. Acosta is the first Hispanic to join President Trump’s cabinet and the final cabinet secretary to be confirmed, allowing President Donald Trump to have all cabinet secretaries in place by his 100th day in office. One cabinet-level position, U.S. trade representative, is still open.

Secretary of Labor Nominee One Step Closer to Confirmation— Nomination Clears Senate Committee

Posted by Lynn A. Clements, Director, Regulatory Affairs on March 31 2017

Alexander Acosta, President Trump’s second Secretary of Labor nominee, is one step closer to being confirmed. After a somewhat contentious hearing last week, Acosta’s nomination was approved by the Senate Health, Education, Labor and Pensions Committee on Thursday, March 30, 2017. As expected, the vote fell along party lines, with 12 Republicans voting to confirm and 11 Democrats voting against his confirmation.

Obama-Era Blacklisting Rules Meet Their Official Demise

Posted by Lynn A. Clements, Director, Regulatory Affairs on March 28 2017

As expected, President Trump signed the Congressional Review Act resolution invalidating the FAR Council regulations implementing President Obama’s 2014 Executive Order 13673: Fair Pay and Safe Workplaces, often called the “blacklisting” executive order. President Trump also issued an executive order officially revoking Executive Order 13673 and instructing federal agencies to “promptly” rescind any regulations or guidances issued under it. The president’s actions effectively terminate implementation of these controversial rules.