Increase in Suspensions and Debarments Among Federal Contractors

Posted by Katie Johnson, PHR, SHRM-CP, HR Consultant on January 14 2020

Happy New Year! As they close out 2019, the Department of Labor continues to release statistics on their previous year. One of these statistics is the number of suspensions and debarments of federal contractors in 2019. Suspensions and Debarments prohibit companies from doing business with the federal government – Suspensions are typically temporary, while a full investigation is being performed, and debarments usually last three years.

[Free Webinar] What to Expect from OFCCP in 2020

Posted by Becca Pipitone, Marketing Communications Specialist, Berkshire Associates on January 10 2020

 On January 21 at 2 pm EST, Berkshire's President will host a free webinar on what to expect from OFCCP in 2020.

Federal Contract Compliance Manual Updates for 2020

Posted by Suzanne Keys, SPHR, SHRM-SCP, HR Consultant on January 10 2020

It looks like OFCCP is ringing in the new year with a continued commitment to their resolution of transparency.  The agency recently updated its Federal Contract Compliance Manual (FCCM).  This manual provides guidance to OFCCP's compliance officers for conducting compliance evaluations and complaint investigations.  It is also available to federal contractors to offer compliance assistance. There were over 70 sections updated in this new release, the majority of the updates were made to bring the FCCM up-to-date with regulatory and practice changes.

The What, Who, Why, How and When of Functional Affirmative Action Plans

Posted by Kristen N. Johnson, MS, MBA, SHRM-SCP on January 7 2020

Previously, OFCCP issued a directive updating the creation and maintenance of Functional Affirmative Action Plans (FAAP). FAAPs are available for use in lieu of establishment (location based) based AAPs.

What a Year! Analyze Your Progress towards Pay Equity and Make Plans for 2020

Posted by Michele Hester, SPHR, SHRM-SCP, Senior Manager, Client Services on January 6 2020

The pay equity movement made big headlines in 2019 thanks to several high profile pay discrimination cases, EEO-1 Component 2 pay data collection, and significant activity at the state level to enact pay equity legislation. However, gender pay gap surveys reported that in 2019 women are still earning 79 cents for every dollar that men make. To see the gender pay gap and pay equity law in your state(s), excellent interactive resources are made available by The American Association of University Women (AAUW). AAUW is a nonpartisan, nonprofit organization with a mission “to advance gender equity for women and girls through research, education, and advocacy” with a vision for “equity for all.”

OFCCP Proposes New Rule to Formalize Process Used to Resolve Audit Violations

Posted by Lynn A. Clements, Director, Regulatory Affairs on January 3 2020

The Office of Federal Contract Compliance Programs (OFCCP) recently issued a proposed rule that would codify the process the agency uses to resolve violations during a compliance review. The proposal also explains the types of evidence needed for the agency to find discrimination. The proposal is an extension of OFCCP Director Craig Leen’s focus on transparency and certainty and seeks to formalize several case processing initiatives OFCCP implemented through less formal directives and the agency’s Federal Contract Compliance Manual. If finalized as regulations, the case processing requirements would have greater legal effect and could only be changed by a different administration through public notice or comment.   

2020 Data for Affirmative Action Plans

Posted by Lauren Buerger, SHRM-SCP, HR Consultant, Berkshire on January 3 2020

It’s a new year and a new decade, and for many contractors, that also means it’s time to gather your data for a new AAP! Here are some recommendations to make sure your data is as clean and accurate as possible before submitting to Berkshire:

How Compliance is Changing in 2020

Posted by Becca Pipitone, Marketing Communications Specialist, Berkshire Associates on January 2 2020

One of the world’s most recognizable companies is potentially facing a class-action lawsuit.

Several women employed by The Walt Disney Co. are pursuing a claim that the company has violated California’s Fair Pay Act.

The next step is discovery, meaning that every branch of the Disney empire could come under scrutiny, potentially having a snowball effect with regard to plaintiffs.

OFCCP Requests Approval to Begin Compliance Checks of Construction Contractors

Posted by Cheryl Boyer, SPHR, SHRM-SCP, VP, Client Services, Berkshire on December 27 2019

OFCCP has requested approval from the Office of Management and Budget to begin conducting compliance checks of construction contractors. The request contains two construction compliance check letters, one for contractors that have direct federal contracts and one for contractors on federally assisted construction contracts. A direct federal contract is one that is with a federal agency for construction services; a federally assisted contract is for construction services funded by the government, but where the government is not a party to the contract. This funding may be in the form of grants, loans, or other funding mechanisms.

EEO-1 Component 2 Update

Posted by Cindy Karrow, SPHR, SHRM-SCP, Senior HR Consultant on December 24 2019

Last week, the EEOC filed a motion with Judge Tanya Chutkan to close the Component 2 website. The agency requested an order that would either deem the collection of Component 2 data for 2017 and 2018 complete or clarify the response rate at which the collection will qualify as complete.