OFCCP Issues Second Opinion Letter on Pay Analysis Groups

Posted by Rachel Rubino, MS, SPHR, SHRM-SCP on July 26 2019

Earlier this week, the Office of Federal Contract Compliance Programs (OFCCP) issued an opinion letter that serves as Director Leen’s first attempt at directly addressing the use of Pay Analysis Groupings (PAGs) in audits. This is the agency’s second opinion letter since a November 2018 directive that committed to providing guidance to federal contractors through these opinion letters.

Specifically, this letter reviews the question of whether contractors can work directly with the agency to establish a PAG structure that would be deemed acceptable prior to an OFCCP audit. Director Leen writes that contractors can submit their PAG structure to the agency for review and feedback, to be considered in future audits. However, he also writes that the agency cannot “conclusively agree” that it will use any predetermined PAGs in future compliance reviews as the factors affecting that workforce and its compensation might have changed since review of the PAGs. OFCCP analyzes compensation data based on the systems and structures that were in place during the period under review, so that information would take precedence over any previously reviewed or “approved” PAGs.

Stop by Booth #206 to See Berkshire at the ILG National Conference in Milwaukee - Great Prizes, Great Speaker!

Posted by Carla Pittman, Senior Manager, Berkshire Associates on July 18 2019

See Berkshire at this year's annual ILG National Conference being held in Milwaukee, WI on July 30 - August 2, 2019. The ILG National conference is the premier meeting ground for those involved in the affirmative action, equal employment opportunity, and diversity & inclusion fields. Attendees are encouraged to stop by Berkshire's booth #206 for an opportunity to speak with our experts about affirmative action, pay equity, and talent acquisition solutions. Berkshire is also giving away great prizes! You could win a $200 Southwest Gift Card or a $150 Amazon Gift Card. 


Breaking News - Labor Secretary Alexander Acosta Resigns

Posted by Cheryl Boyer, SPHR, SHRM-SCP, VP, Client Services, Berkshire on July 12 2019

Secretary of Labor Alexander Acosta announced his resignation after receiving unwanted attention regarding his 2008 treatment of the case against Jeffrey Epstein, when Acosta was a US attorney in Southern Florida. 

How to Include Remote or Teleworker Employees in AAPs

Posted by Cindy Karrow, SPHR, SHRM-SCP, Senior HR Consultant on July 12 2019

Many companies have wrestled with the issue of which AAP(s) should include employees who work from home, at client sites, or other at non-traditional sites. OFCCP recently issued a set of Frequently Asked Questions to answer some of these questions and can be found on the OFCCP website.

New Award Announced to Recognize Best Employment Practices for Individuals with Disabilities

Posted by Cheryl Boyer, SPHR, SHRM-SCP, VP, Client Services, Berkshire on July 11 2019

The OFCCP is accepting applications for a new award program for federal contractors. The Excellence in Disability Inclusion Award is a joint effort by the Office of Federal Contract Compliance Programs (OFCCP) and the Office of Disability Employment Policy (ODEP).

OFCCP Revises Proposed Changes to Scheduling Letters

Posted by Cheryl Boyer, SPHR, SHRM-SCP, VP, Client Services, Berkshire on July 4 2019

After the first round of comments, OFCCP recently published revisions to proposed updates to the scheduling letters, opening another 30-day comment period before any revisions will be finalized.  OFCCP originally proposed changes to the scheduling letters in April with comments received through June 11. The revisions incorporate changes made as a result of comments to the initial proposals, several coming from Berkshire Associates. Comments from the public for these versions are due by July 29.

Supreme Court Rules Against Including Citizenship Question on the 2020 Census

Posted by Sonia Chapin, SPHR, SHRM-SCP on July 4 2019

In a 5-4 decision, the U.S. Supreme Court has ruled against including a citizenship question on the 2020 Census form. The Court has sent the question back to the administration to review the decision to add this question to the next Census.  

Additional Information Now Available for EEO-1 Component 2 Filing

Posted by Michele Hester, SPHR, SHRM-SCP, Senior Manager, Client Services on July 2 2019

Employers with questions concerning collection of 2017 and 2018 EEO-1 Component 2 compensation data are finally getting some answers. The Equal Employment Opportunity Commission (EEOC) and National Opinion Research Center (NORC) at the University of Chicago have published a series of Frequently Asked Questions on topics ranging from the filing deadline, to how employers should report compensation and hours worked, to confidentiality of the data. Examples have been included to provide additional clarity. 

Should You Ask? Requesting Self-ID Beyond Male or Female

Posted by Lauren Buerger, SHRM-SCP, HR Consultant, Berkshire on June 27 2019

As we wrap up June and Pride Month, here is a somewhat relevant question we have been getting in some form more and more frequently: “Are we allowed to ask employees and applicants to identify beyond just the male or female genders?”

Berkshire Presents on Pay Equity and OFCCP Enforcement at SHRM19 Annual Conference in Vegas

Posted by Carla Pittman, Senior Manager, Berkshire Associates on June 20 2019

Berkshire will attend the  2019 SHRM Annual Conference & Expositio n being held in Las Vegas. This annual conference brings together experts, strategists, practitioners, proven business leaders, and peers to gain unique insight into the innovative new practices in the HR industry.