Florida Attorney Reportedly Named as Sr. Advisor to DOL Secretary Acosta on OFCCP Compliance

Posted by Berkshire Associates on November 15 2017

According to a news report by the Miami Herald, Florida attorney Craig Leen will serve as a senior adviser to Labor Secretary Alexander Acosta. In an interview with the Miami Herald, Leen described “his political post, approved by the White House, as overseeing compliance rules for government contractors.” This role sounds very similar to the role of the Director at the Office of Federal Contract Compliance (OFCCP) which has been vacant since Patricia Shiu left in November 2016. However, we have been unable to confirm with the Department of Labor if in fact Leen will be the next OFCCP Director. Tom Dowd, a career government employee, has served as the Interim Director role since Shiu’s departure.

Affirmative Action Compliance and Temporary Workers

Posted by January Mallory on November 9 2017

Lynn Clements, Berkshire’s Director of Regulatory Affairs, will examine the increasing use of alternative employment relationships such as freelance, contingent, on-call, and temporary workers—otherwise known as the ‘gig’ economy—with Arizona ILG members during the February 20 meeting.

OFCCP Closes FY17 With Conciliation Activity

Posted by Cheryl Boyer, SPHR, SHRM-SCP, Vice President of Client Services on October 26 2017

Office of Federal Contract Compliance Programs (OFCCP) closed out their 2017 fiscal year with several conciliation agreements. Two of those agreements, with CoreCivic and Kulite Semiconductor Products, were to settle allegations of hiring discrimination. While the companies have not admitted to the agency’s allegations, the conciliation agreements were entered into to resolve the alleged violations “without engaging in further legal proceedings.”

Pay Equity Analysis is a Big Deal! Just ask State Street

Posted by Cindy Karrow, SPHR, SHRM-SCP, Senior HR Consultant on October 12 2017

We are hearing a lot of buzz lately about pay equity (some call it pay equality), but regardless of the name, it is something for which companies should be concerned. Several states have added their own variations on what employers must do to ensure pay equity. Celebrities, lawmakers, politicians, and even the Pope have made statements about pay equity. So, this issue will continue to be a hot topic.

OFCCP Updates Complaint Form

Posted by Cheryl Boyer, SPHR, SHRM-SCP, Vice President of Client Services on September 27 2017

The Office of Federal Contract Compliance Programs (OFCCP) has updated the form employees and job seekers will use to file a complaint of employment discrimination. This new form now allows for online completion and submission to an OFCCP regional office by way of a computer or mobile device.

EEOC and OFCCP Merger Stalled…For Now

Posted by Suzanne Keys, SPHR, SHRM-SCP, HR Consultant on September 26 2017

The Senate Appropriations Committee rejected the proposed merger of the Department of Labor’s, Office of Federal Contract Compliance Programs (OFCCP) with the Equal Employment Opportunity Commission (EEOC). Business and civil rights groups opposed the merger and without Senate support the merger will not happen. The Senate appropriations bill urges OFCCP to find efficiencies since the funding is being reduced. Recommendations include reorganizing the OFCCP’s infrastructure and establishing “skilled regional centers.” The Senate funding bill will eventually need to be reconciled with the House bill that would fund OFCCP at a much lower rate than proposed by the Senate.

Full Ninth Circuit to Revisit Recent Panel Decision Finding that Employers Could Consider Prior Salary in Certain Circumstances

Posted by Brian LaCour on September 14 2017

It looks like the skepticism of employers relying on previous wage history is not limited to the Office of Federal Contract Compliance Programs (OFCCP). The Ninth Circuit has decided to rehear a case, AILEEN RIZO v. JIM YOVINO, en banc. The case involves alleged pay discrimination against a female employee of Fresno County Office of Education (FCOE).

The Department of Labor Announces Actions in Response to Hurricane Harvey

Posted by Berkshire Associates on September 1 2017

The Department of Labor has announced several actions it is taking in light of the devastation caused by Hurricane Harvey, including exemption and waivers of some provisions of Affirmative Action regulations for contracts entered into to provide Hurricane Harvey relief.

OFCCP issues a Consent Decree for B&H Foto & Electronics Corp.

Posted by Liz Balconi, PHR, SHRM-CP, M.A., Managing Consultant on August 24 2017

On August 11, 2017, Office of Federal Contract Compliance Programs (OFCCP) issued a consent decree for B&H Foto & Electronics Corp. to resolve allegations of hiring, compensation, and promotion discrimination. What is a consent decree? It is an agreement or settlement to resolve a dispute between two parties—in this case between OFCCP and B&H Foto—without an admission of liability or guilt.  

OFCCP Announces Compliance Assistance Town Hall Meetings

Posted by Cheryl Boyer, SPHR, SHRM-SCP, Vice President of Client Services on August 18 2017

At this year’s Industry Liaison Group (ILG) National Conference, Tom Dowd, Acting Office of Federal Contract Compliance Programs (OFCCP) Director, talked about the Agency’s desire to work more collaboratively with federal contractors and to provide better compliance assistance.