[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 hosted 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.

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.   

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.

[Free Webinar] What to Watch For: An Update on Recent Section 503 Focused Reviews

Posted by Becca Pipitone, Marketing Communications Specialist, Berkshire Associates on December 23 2019

 On January 8 at 1pm, Berkshire hosted a free webinar update on Section 503 Focused Reviews.

OFCCP Proposes Rule to Address TRICARE Uncertainty

Posted by Charu Avasthy, PHR, Senior HR Consultant on December 12 2019

OFCCP published a Notice of Proposed Rulemaking (NPRM) in the Federal Register in early November clarifying its jurisdiction over health care providers who serve beneficiaries of TRICARE.

Oracle Sues OFCCP in Federal Court

Posted by Charu Avasthy, PHR, Senior HR Consultant on December 9 2019

OFCCP began a compliance review of Oracle’s Redwood Shores headquarters in January 2014. As part of the review, OFCCP concluded Oracle paid Caucasian male workers more while steering their female, African American and Asian counterparts into lower paying jobs. In addition, Asian workers were favored in hiring for certain technical roles over White, Hispanic and Black applicants. OFCCP requested routine employment data and records as part of the audit. Oracle’s refusal to provide prior-year compensation data for all employees, certain hiring data, and employee complaints of discrimination to resolve alleged discrimination violations resulted in OFCCP filing the Administrative lawsuit against Oracle on January 18, 2017.

20 Years of Service: Testimony of a Lifelong Customer

Posted by Becca Pipitone, Marketing Communications Specialist, Berkshire Associates on December 6 2019

There’s a lot to be said for a long-lasting customer relationship. Marge Sachs’ relationship with Berkshire has spanned two decades and jobs at three different companies — and we like to think that says a lot about our relationship. 

As senior director of human resources at Emergent BioSolutions, Sachs responsibilities include managing the affirmative action plans and working through HR compliance matters. She says she relies heavily on Berkshire for information and support. “Out of all the years I’ve worked alongside Berkshire, I’ve never been let down,” she says. 

OFCCP Will Not Use EEO-1 Component 2 Data

Posted by Cindy Karrow, SPHR, SHRM-SCP, Senior HR Consultant on November 26 2019

A notice will appear in the Federal Register this week informing the public that OFCCP does not intend to request, accept, or use EEO-1 Component 2 data.  The OFCCP stated their reason is:

 “it does not expect to find significant utility in the data given limited resources and its aggregated nature.”