Get Ready! New Scheduling Letters Will be Mailed Beginning March 19, 2018

Posted by Lynn A. Clements, Director, Regulatory Affairs on February 15 2018

Update February 15, 2018:

OFCCP has updated the Frequently Asked Questions (FAQs) related to the recently-issued Corporate Scheduling Announcement Letters (CSAL) to indicate that contractor’s requests for extensions for submitting AAPs will be closely scrutinized and not routinely granted. The agency takes the position that contractors are receiving 45 days’ notice with the initial CSAL, and have an additional 30 days to submit the plan when the scheduling letter is received. Berkshire recommends that contractors take steps now to ensure locations on the advance notice list are prepared for an OFCCP audit in 2018.  The full text of the OFCCP’s FAQs is available here.

The Office of Federal Contract Compliance Programs (OFCCP) issued a new set of Corporate Scheduling Announcement Letters (CSAL) on February 1, 2018. The notices provide selected contractors with advance notice that their establishment has been selected to undergo a compliance evaluation as part of a scheduling list generated from the OFCCP’s Federal Contractor Selection System (FCSS). The FCSS is the primary way supply and service contractors are selected for review by the agency, although audits can also be initiated as a result of a complaint, a directed review, a contract award notice, or as part of the agency’s Functional Affirmative Action Plan (FAAP) initiative.

HR Consultant, Rachel Rubino, Shares Insight on OFCCP Audit Under the Trump Administration During Hampton Roads ILG Meeting

Posted by January Mallory on February 9 2018

On March 1, 2018, Rachel Rubino, MS, SPHR, SHRM-SCP of Berkshire Associates Inc., will share with Hampton Roads ILG members her unique perspective on the current administration’s impact on OFCCP enforcement efforts, and how HR professionals can prepare for what’s to come.

What Can Federal Contractors Anticipate in OFCCP Audits?

Posted by Suzanne Keys, SPHR, SHRM-SCP, HR Consultant on February 7 2018

While we don’t have a crystal ball to predict the future, we can get some general ideas regarding what Office of Federal Contract Compliance Programs (OFCCP) audits will look like in 2018.


OFCCP has a new director, Ondray Harris, who will surely be making some changes. OFCCP has slimmed down considerably, after two rounds of voluntary departure incentives in the second half of 2017.

GAO Recommends Changes To Enforcement in Technology Industry

Posted by Cheryl Boyer, SPHR, SHRM-SCP, Vice President of Client Services on February 2 2018

Recently, the Government Accountability Office (GAO) issued a report recommending changes to improve U.S. Equal Employment Opportunity Commission (EEOC) and Office of Federal Contract Compliance Programs (OFCCP) enforcement processes when monitoring equal opportunity employment and affirmative action compliance in the technology industry.

Free Recorded Webinar—A Look Back at OFCCP in 2017 & Predictions on Enforcement Efforts in 2018. Watch Today!

Posted by January Mallory on January 25 2018

Recorded:  January 23, 2018 
60 minutes
Cost: FREE
Presenter: Beth Ronnenburg, President of Berkshire Associates

View recorded webinar , as Beth Ronnenburg, President of Berkshire Associates, looked back at what happened at OFCCP in 2017, and shared insights on what may be in store for the agency in 2018. Beth also discussed enforcement results, and the new administration's impact on OFCCP policy and practices. In this webinar hosted by DirectEmployers Association, she also shared practical information to help contractors prepare for audits, and made predictions on what the agency’s enforcement efforts will look like in 2018.

DOL Releases Semi Annual Regulatory Agenda

Posted by Charu Avasthy, PHR, Senior HR Consultant on January 22 2018

On January 12, 2018, the Department of Labor published its semiannual regulatory agenda. There were no items on the agenda for the Office of Federal Contract Compliance Programs (OFCCP), with the Occupational Safety and Health Administration being the only department expecting any rule changes in the coming year. This means no regulatory updates are expected for OFCCP as the agency adjusts to working under the new Director, Ondray T. Harris.

Subscribe to BALANCEview HR Blog and stay tuned as we monitor this and other other OFCCP updates.

Reserve Your Seat for a Discussion on OFCCP Compliance in the “Gig” Economy During Colorado ILG Meeting

Posted by January Mallory on January 11 2018

Lynn Clements, Berkshire’s Director of Regulatory Affairs, will collaborate with Michelle Duncan of Jackson Lewis, to discuss the increasing use of alternative employment relationships such as freelance, contingent, on-call, and temporary workers—otherwise known as the ‘gig’ economy—with Colorado ILG members during the February 21 meeting.

OFCCP and LandCare USA Settle Hiring Discrimination Claims

Posted by Rachel Rubino, MS, SPHR, SHRM-SCP on December 13 2017

Office of Federal Contract Compliance Programs (OFCCP) has entered into a conciliation agreement with LandCare USA, LLC, formerly known as TruGreen LandCare to settle allegations of hiring discrimination at its Austin, TX location. OFCCP alleges that the company discriminated against female applicants for positions in its laborer job group from January 2011 through at least July 2014, and against black and white applicants for positions in the same job group from January 2012 through at least December 2013.

Virginia attorney and former DOJ official named new OFCCP Director

Posted by Lynn A. Clements, Director, Regulatory Affairs on December 12 2017

After weeks of intense speculation, its official—the Office of Federal Contract Compliance Programs (OFCCP) has a new Director. Ondray T. Harris, a former deputy at the Department of Justice during the George W. Bush administration, was named the Director of OFCCP, effective December 10.

First OFCCP Complaint Filed Nine Months into the Trump Administration

Posted by Andrea Csordas, SPHR, SHRM-CP on November 28 2017

In October, Office of Federal Contract Compliance Programs (OFCCP) filed its first administrative lawsuit against a federal contractor since President Trump took office. The complaint was filed against Advance2000 Inc., a New York-based information technology services firm, after the company refused to produce reports it agreed to submit to the OFCCP as part of a conciliation agreement.