The OFCCP has issued three additional directives. Directive 2019–02 outlines the process the OFCCP will use for early resolution of identified violations. With the Early Resolution Procedures or ERP, OFCCP and contractors with multiple establishments can agree to resolve problems quickly with a variety of actions, dependent upon the identified violation.
In the second directive, Directive 2019-02, Opinion Letters and Help Desk, OFCCP furthers its initiative for more compliance assistance by making Opinion Letters and certain Help Desk inquiries available and searchable as a self‐service option on its website. OFCCP will also provide fact‐specific guidance, in the form of Opinion Letters, to employers and/or employees. The agency hopes these actions will create more certainty about how OFCCP exercises its regulatory authority.
Directive 2019-01, Compliance Review Procedures, rescinds DIR 2011‐01, Active Case Enforcement (ACE) Procedures. According the OFCCP, “the intent of this Directive is to provide greater clarity regarding the manner in which OFCCP has and will continue to conduct compliance reviews.” For more details on any of these directives, click here.
Contact your Berkshire consultant if you have specific questions about how to best prepare for the newest directives and how they may affect your organization.
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