Michiko Clark, Associate HR Consultant

Recent Posts

Key Takeaways from Berkshire's Experience at the OFCCP Academic Institution Town Hall

Posted by Michiko Clark, Associate HR Consultant on October 28 2019

On Wednesday October 23, Berkshire had the opportunity to attend the OFCCP Academic Institution Town Hall held in Washington, DC. The format of the Town Hall was more of a focus group, with members from the higher ed community, to give their feedback on the recent Technical Assistance Guide (TAG) that was recently published by the OFCCP. The town hall also presented an opportunity for key players to voice where they believe the OFCCP should be heading in the future when it comes to academic institutions.

The event was coordinated by a neutral facilitator and there were a few OFCCP members in attendance, including Director Leen, who opened up the Town Hall with a brief introduction to the day, including a mention that Colleges & Universities will be on the Spring 2020 Corporate Scheduling Announcement List (CSAL),

OFCCP Releases FAQs Regarding Student Workers

Posted by Michiko Clark, Associate HR Consultant on July 30 2019

In a recent series of FAQs regarding student workers, the OFCCP answered the question of if students should be included in the Affirmative Action Plans (AAPs). The FAQs also provided guidance regarding who is considered a student worker.

OMB Seeking Comments on Disability Inclusion Award

Posted by Michiko Clark, Associate HR Consultant on May 17 2019

The Office of Federal Contract Compliance Programs (OFCCP) has released a statement that the Office of Management and Budget (OMB) is seeking comments on the process of applying for the Contractor Recognition Program-Disability Inclusion Award. This award recognizes the contractors and sub-contractor establishments that have achieved a level of excellence in their compliance with the regulations set forth in Section 503 of the Rehabilitation Act of 1973, as amended. This program joins the HIRE Vets Recognition Program released by OFCCP last year and supports the agency’s stated goal of recognition of contractors “doing the right thing.”

OFCCP’s Plans for Audits in Fiscal Year 2019

Posted by Michiko Clark, Associate HR Consultant on February 1 2019

It’s that time of year again. OFCCP is getting ready to release their next list of contractors who will be subjected to a compliance review in fiscal year 2019. The agency has indicated they intend to increase the number of audits this fiscal year to 3,500. These audits may consist of compliance evaluations, compliance checks, and focused reviews. This is the first time the since fiscal year 2014 that the OFCCP has planned to schedule more than 3,000 audits.

The Latest Directives from the OFCCP

Posted by Michiko Clark, Associate HR Consultant on September 21 2018

The OFCCP announced two new directives on Wednesday, September 19, 2018. Acting Director Craig Leen announced the Transparency in OFCCP Compliance Activities Directive and the OFCCP Ombud Service Directive, which brings to nine the number of Directives issued thus far this year.

Cosmetics Maker Settles Sex Discrimination Lawsuit

Posted by Michiko Clark, Associate HR Consultant on August 1 2018

The EEOC recently announced a settlement with the cosmetics maker Estée Lauder for $1.1 million. The cosmetic giant was charged with discriminating against male employees by providing less paid leave and related benefits after the birth or adoption of a new child, than what was provided to female employees.

Disability Discrimination: Zachry Construction Sued by the EEOC

Posted by Michiko Clark, Associate HR Consultant on March 8 2018

The U.S. Equal Employment Opportunity Commission (EEOC) has charged Zachry Construction, a San Antonio based construction and industrial contractor, with violating a federal law that protects individuals with disabilities. The agency alleges the contractor violated this law when it fired several employees with disabilities. The contractor became aware of the employees’ disabilities during a post-offer medical questionnaire and subsequent medical examinations. Before their terminations, the EEOC claims these individuals were performing their job duties in a satisfactory manner.

New Guidance on Interns: Are They Employees?

Posted by Michiko Clark, Associate HR Consultant on February 6 2018

The practice of hiring interns has become widely recognized across different organizations. Determining whether an intern is considered an “employee” under the Fair Labor Standards Act (FLSA) has been a troubling task for most organizations until now. The Department of Labor has recently updated Fact Sheet #71: Internship Programs under the Fair Labor Act, and have adopted a “primary beneficiary test” that has been used by the courts to determine whether an intern (or student) is an employee under FLSA.


EEOC's Gender-Based Pay Discrimination Lawsuits in the D.C. Metro Area

Posted by Michiko Clark, Associate HR Consultant on September 29 2017

The EEOC has filed three lawsuits alleging gender-based pay discrimination in the D.C. metro area. The defendants were George Washington (GW) University, National Association for Education of Young Children (NAEYC), and Vadar Ventures, Inc. who acted on behalf of Total Quality Building Services. The suits were filed after pre-litigation settlements failed in all three cases. The GW and NAEYC cases were filed in the U.S. District Court of Washington. The Total Quality case was filed in the U.S. District Court for the Eastern District of Virginia (Alexandria Division). The EEOC is seeking back pay, compensatory, punitive, and liquidated damages, in addition to injunctive relief to discontinue the discriminatory practices.

The Debate over Philadelphia’s Salary History Law Continues

Posted by Michiko Clark, Associate HR Consultant on September 25 2017

On September 15, in Philadelphia, PA, a group known as The Women’s Law Project, along with a host of other groups, urged a Pennsylvania Federal court not to block a recent law which bars employers from asking applicants about their pay history. The coalition, with the belief the ordinance would address the gender wage gap without hurting any businesses, filed an amicus brief supporting the city’s opposition to a bid from the Chamber of Commerce for Greater Philadelphia for a preliminary injunction to bar the law from taking place.