Being a federal construction contractor is about to get a lot more onerous. The OFCCP has obtained approval to reinstate Form CC-257, a form used to collect demographic data on federal contractor employees working on construction contracts (federally funded or not) and hours worked by those employees on a monthly basis.
As previously reported, the agency discontinued use of this form back in 1995 because the agency did not have the resources to review and make much use of the reports. Fast-forward to 2024 and the agency seems confident that it can leverage technology to bring the form back to life.
And that is great for the OFCCP, but the burden on many contractors of filling out these monthly reports will likely still be very high. The agency estimates it should take contractors, on average, 1.5 hours to complete each report, but that assumes the contractor has electronic recordkeeping systems in place to make the reporting easier. Many do not, however, and many will have to file several reports each month. For some construction contractors, this may require the dedication of a full-time employee.
There is no announced implementation date, though. The OFCCP has committed to standing up a website for this with additional guidance, but that has yet to materialize. The agency will encourage “electronic” submission, likely through an OFCCP web page, but contractors will be allowed to submit PDF files via email.
As we wait for further guidance from the OFCCP, you can download a copy of Form CC-257 here.
Berkshire will continue to monitor and bring you developments. If you have questions about this or any other OFCCP-related matter, reach out to us at bai@berkshire.com.