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.

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.

Berkshire Experts Share Insights on Section 503 at the New Jersey ILG Quarterly Meeting on June 7

Posted by Danielle Entrot on May 31 2019

Join VP of Client Services, Cheryl Boyer and Managing Consultant, Sonia Chapin, both of Berkshire Associates, at the New Jersey ILG Quarterly Meeting on June 7, 2019. Cheryl and Sonia will present, “Section 503 Focused Reviews: What We Know and What We Can Predict.” During this session, the expert duo will give an overview of the directive and what it means for federal contractors. They will also share insightful predictions on what we might expect from OFCCP and what federal contractors can do to prepare. Click here for registration information, or contact Rehana Iqbal, Vice-Chair Membership, at rehana.iqbal@verizonwireless.com

Berkshire’s President, Beth Ronnenburg to Present on OFCCP Audits at Arkansas ILG Summer Meeting

Posted by Danielle Entrot on May 20 2019

RSVP today and attend the Arkansas ILG 2019 Summer Program and Meeting where speaker, Beth Ronnenburg, President of Berkshire will present two topics: “Current State of OFCCP Audits: Tips and Strategies,” and  “Individuals with Disabilities Compliance and Focused Reviews: The Game Changer” on Wednesday, June 12. In the first presentation she will discuss the OFCCP directives and how they impact compliance reviews. Beth will also provide practical tips on how contractors can prepare for and manage a successful outcome of their audit.

Berkshire’s Rachel Rubino to Present on Current OFCCP Audit Trends During New England ILG Spring Program

Posted by Danielle Entrot on May 20 2019

Register and attend the New England ILG Spring Program where Berkshire’s Senior HR Consultant, Rachel Rubino will be speaking on Current OFCCP Audit Trends on Wednesday, May 22, 2019. 

OFCCP Requests OMB Approval on FAAPs

Posted by Sonia Chapin, SPHR, SHRM-SCP on April 17 2019

This week, OFCCP published a request to extend the Functional Affirmative Action Program (FAAP) process with no changes to the existing requirements. The FAAP is an alternative to typical establishment-based AAPs; contractors provide detailed information to the agency and can receive approval to create functional, rather than geographic, plans. The current Office of Management and Budget (OMB) approval for the FAAP documents expires on April 30, and OFCCP has applied to extend the authorization for another three years. 

OFCCP Proposes Sweeping Changes to Scheduling Letters

Posted by Sonia Chapin, SPHR, SHRM-SCP on April 12 2019

Making good on the promise at the recent town hall meetings, OFCCP recently published proposed updates to the scheduling letters, opening a 60-day comment period on these updates. It’s important to note that these changes are proposed and comments from the public are due by June 11. Given the nature of these changes, employers, law firms, consultants, employer associations, and civil rights organizations will likely be weighing in on this change. OFCCP’s current scheduling letters expire (that is, they are due for renewal of the OMB approval) on June 30. We believe it is unlikely that changes to the letters will be implemented by then and anticipate a temporary extension for the existing letters. So, for the foreseeable future, audits initiated in the next six to nine months (including those locations on the recently published CSAL) will probably be conducted under the existing letters.

FY19 Scheduling List Update

Posted by Beth Ronnenburg, SPHR, SHRM-SCP, President on April 5 2019

As we continue to review OFCCP’s recently-released scheduling list and the methodology the agency used to develop the list, it appears the OFCCP will first be scheduling the 500 Compliance Checks, 83 Corporate Management Compliance Evaluations (CMCE), and 72 Functional Affirmative Action Plan (FAAP) Reviews. In the middle of the last paragraph of the OFCCP’s Methodology for Developing the Supply and Service Scheduling List FY 2019, Release-1, available at: https://www.dol.gov/ofccp/scheduling/index.html it states:

 

OFCCP Releases New Web Page in Support of Section 503 Focused Reviews

Posted by Sonia Chapin, SPHR, SHRM-SCP on March 8 2019

In yet another signal the agency is serious about focused reviews, OFCCP added a web page to its site that compiles a number of resources related to IWDs. The new page offers ten different items, including the following:

More Information on the Upcoming CSAL and Section 503 Focused Reviews

Posted by Brian LaCour on March 4 2019

The OFCCP has announced that its next Corporate Scheduling Announcement List (CSAL), detailing which federal contractors will be listed for an OFCCP audit, will be released in mid-to-late March 2019. OFCCP is also, for the first time, releasing the CSAL exclusively in their FOIA Library and forgoing mailing letters about the upcoming audit to contractors.