2023 New Year’s Resolutions for Federal Contractors

As many of us declare personal resolutions for the New Year, federal contractors are entering a world of new regulatory requirements for 2023 – and Berkshire’s here to help you navigate this new year with a list of resources, deadlines, and priorities that should be top of mind. 

OFCCP threw us some curveballs in 2022 with the first-ever requirement that all contractors certify their Affirmative Action Programs. This past year, we also saw a big increase in state-level compensation reporting requirements, and we expect that trend to continue, followed closely behind by a heightened emphasis on diversity and inclusion efforts. 

So how can federal contractors best position themselves for compliance in 2023? 

Berkshire has been hard at work preparing some resources for the federal contractor community to help you get ready for what’s to come. 

Resources to Kick-off Your 2023 

Berkshire works year-round to develop technical guidance for federal contractors and to interpret new regulatory requirements as they emerge. A few resources to get you started in 2023 might include: 

• Blog – Preparing for Your New AAP Year 
• Recorded Webinar – Planning for 2023 Reporting Deadlines 
• Blog – OFCCP Compensation Directive Guidance 
• Quick Guide – 5 Steps to Jumpstart your DEI Journey 

For resources covering more specific topics, such as this webinar on Mastering Job Groups, check out our Resource Center and be sure to subscribe to our Blog. 

Important Deadlines for the Year 

While some deadlines remain uncertain, Berkshire’s experts have done our best to anticipate key dates for federal contractors in the new year: 

• OFCCP Contractor Portal Certification - deadline to be announced; following last year’s deadline, we are operating under a June 2023 deadline until we hear otherwise 
   
• EEO-1 Component 1 Reporting – portal is tentatively scheduled to open in April; deadline for filing to be announced, but expected to be in May 2023 
   
• California Pay Data Reporting – filing deadline is May 10, 2023 
   
• VETS-4212 Reporting – filing deadline is September 30, 2023 

As more information around deadlines becomes available, updates will be posted on our blog. 

Priorities On our Radar 

To help you stay informed and identify key priorities for the New Year, here’s a quick summary of some of the things we expect to be important in 2023. 

• Affirmative Action Certification – Last year was a mad dash as federal contractors struggled to interpret OFCCP guidance and certify their respective affirmative action programs as mandated by OFCCP. This year, we’re hoping things go a little bit more smoothly for everyone involved. We will be monitoring OFCCP guidance on certification carefully and updating the Berkshire blog accordingly. Stay tuned! 
   
• New Requirements for Federal Contractors under Audit – In late 2022, OFCCP published proposed changes to the Supply & Service Scheduling Letter and Itemized Listing (Scheduling Letter). The proposed changes are significant and far-reaching, and if finalized, will significantly increase the burden on federal contractors.  For a list of proposed changes, check out our latest blog on this development. 
   
• OFCCP’s New Compensation Directive  – In the middle of 2022, the OFCCP revised Directive 2022-01, “Advancing Pay Equity Through Compensation Analysis” to provide guidance on what compliance documentation will be required to ensure that a contractor is complying with its obligation to conduct a compensation review. Berkshire’s experts outline key points in this blog here. 

There are a number of things we still don't know about the year to come, but Berkshire will be covering new developments as they emerge on our blog and via our free monthly webinar series. 

We thank you for being a part of this journey, and we wish you a prosperous and compliant New Year!