Kelly Andrews, PHR, SHRM-CP

Recent Posts

OFCCP Announces Tech Industry Town Halls

Posted by Kelly Andrews, PHR, SHRM-CP on February 8 2019

The OFCCP is offering targeted compliance assistance to the contractor community for those organizations in the high-tech industry. These meetings will be a town hall set up and are open to the public. The OFCCP website recommends that the subject matter will be of particular interest to Human Resources Managers, Equal Employment Opportunity Specialists, Compliance Officers, and others in the technology industry who are directly involved with ensuring compliance according to the agency’s requirements.

Impact of the Government Shutdown

Posted by Kelly Andrews, PHR, SHRM-CP on January 3 2019

Despite the churning of the contractor community rumor mill, the Department of Labor has not been impacted by the current government shutdown. The agency received funding earlier in the year so normal operations remain unaffected. Despite the partial shutdown, federal contractors can expect that current OFCCP audits will proceed as usual. While some agencies are closed, and non-essential employees are no longer reporting to work, OFCCP is open and the community should not expect any delays for current and upcoming OFCCP audits.

DOL Launches Compliance Focused Office

Posted by Kelly Andrews, PHR, SHRM-CP on September 7 2018

Recently, the Department of Labor (DOL) announced it is creating a new sub-office tasked with helping businesses comply with more than 100 safety, wage, and benefit laws the Department administers. The office will be labeled as the Office of Compliance Initiatives (OCI) and will work with the DOL’s enforcement-focused sub-agencies on compliance outreach activities. In addition, the agency will develop new ways to use data to strengthen compliance and help enforce the law.

OFCCP Announces New Directives

Posted by Kelly Andrews, PHR, SHRM-CP on August 24 2018

Today, OFCCP announced three different directives geared towards maximizing the success of compliance assistance outreach for federal contractors. The directives include new procedures for reviewing compensation practices, a program to verify that contractors are in full compliance with federal AAP requirements, as well as an initiative that will establish a program that recognizes contractors with high-quality and high-performing compliance initiatives.

Hotel to Pay $2.5 Million to Settle EEOC Lawsuit

Posted by Kelly Andrews, PHR, SHRM-CP on August 3 2018

The SLS Hotel, operating in Miami Florida, has agreed to pay $2.5 million in a recent settlement brought about by the Equal Employment Opportunity Commission (EEOC). The lawsuit alleges that black Haitian dishwashers were wrongfully terminated based on their race, color, and national origin. A staffing agency then filled the positions, in turn creating a workforce of predominately Hispanics with light or fair skin. Hotel and nightlife company SBE operates the SLS Hotel. SBE operates hotels and restaurants located both domestically and internationally. The company prides itself on creating an extraordinary experience for the community throughout each of its proprietary brands, according to its mission statement.

OFCCP Extends TRICARE Until 2021

Posted by Kelly Andrews, PHR, SHRM-CP on May 25 2018

On May 18, the Department of Labor issued a press announcement about the publication of a new OFCCP Directive. The Directive extends the enforcement moratorium related to Affirmative Action obligations of TRICARE providers for two years. The freeze has been in effect for four years, and will now expire on May 7, 2021. The original extension was set to end in May 2019. The extension also applies to Veterans Affairs Health Benefits Program (VAHBP) providers.

NJ is the Next State to Enact Equal Pay Law

Posted by Kelly Andrews, PHR, SHRM-CP on April 27 2018

Recently, New Jersey governor Phil Murphy signed a bill aimed at promoting equal pay for workers. This law promotes equal pay for workers regardless of race or gender. According to estimates, women in New Jersey earn roughly 81 cents on the dollar compared to men, which is closely in line with the national pay gap of 80 cents on the dollar.

OFCCP Issues Directive Regarding Use of Predetermination Notices

Posted by Kelly Andrews, PHR, SHRM-CP on March 19 2018

The Office of Federal Contract Compliance Programs (OFCCP) announced this week it would be standardizing its Predetermination Notices (PDN) under Directive 2018-01. This is the first directive issued by Director Ondray T. Harris. 

Preparing for an OFCCP Compensation Audit

Posted by Kelly Andrews, PHR, SHRM-CP on November 22 2017

“Am I being compensated fairly?” and “I haven’t had a review in three years” are just some conversations that may be floating around organizations regularly between employees. These topics of conversation could spell trouble in an Office of Federal Contract Compliance Programs (OFCCP) audit for Human Resources departments. OFCCP audits today could probe individual compensation differences on a case by case basis by analyzing pay differences by job title for one contractor and salary grade or Affirmative Action Plan (AAP) job group for another. From a risk management perspective, the general argument for internal pay equity is a rational one: to avoid legal action and lawsuits stemming from unfair compensation discrimination claims. It is critical for contractors to establish an internal pay equity structure and if appropriate, to communicate such structure and processes to employees. From there, contractors should review pay annually, and investigate unexplained differences in pay. If a stated contributing factor to pay, decisions should tie back to overall performance, as well as additional factors like years of experience and degree.

Uber Sued for Pay Discrimination

Posted by Kelly Andrews, PHR, SHRM-CP on November 1 2017

In a lawsuit filed on Tuesday, October 24 in a California State Court, three women of color allege that Uber Technologies, Inc. has not been paying female and minority engineers fairly. The lawsuit claims part of the problem can be attributed to a performance evaluation system in which supervisors rank their subordinates. It also states that the way starting salaries are determined resulted in lower pay for women. Two of the three women who filed the lawsuit have since left the company.