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Overview

  • The 2021 EEO-1 Component 1 data collection is scheduled to open April 12, 2022 with a deadline of May 17, 2022 to file the report.
  • OFCCP’s Affirmative Action Plan Certification period begins March 31 and ends June 30. Covered contractors must certify their AAP in the new Contractor Portal.
  • The U.S. District Court for the Eastern District of Texas ruled on March 14, 2022 that the Biden Administration violated the Administrative Procedure Act when it delayed and then withdrew the Trump era Independent Contractor Rule. Accordingly, the Court ruled that the Contractor Status Rule became effective on its original effective date, March 8, 2021.
  • The Department of Labor announced a Notice of Proposed Rulemaking (NPRM) to update the Davis-Bacon and Related Acts.
  • The US Department of Labor released a field assistance bulletin (FAB) regarding specific examples of what constitutes unlawful retaliation under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and visa programs.
  • The EEOC has updated its question-and-answer COVID guidance, this time with information about Title VII’s prohibition on religious discrimination in the context of religious accommodations to workplace vaccination requirements. This new guidance helps employers better understand the process of reviewing requests for religious accommodations and when and how to grant them.
  • The Office of Federal Contract Compliance Programs (OFCCP) released a new directive (DIR 2022-01) regarding pay equity audits.

  • On March 31, 2022, the OFCCP issued Directive 2022-02 in an effort to “promote greater contractor compliance” by “conducting comprehensive compliance evaluations” in a timely manner, promoting contractor’s self-audit of systems, implementing cross-regional approach to multi-establishment reviews and promoting communication with contractors.

Details:

  • The 2021 EEO-1 Component 1 data collection is scheduled to open April 12, 2022 with a deadline of May 17, 2022 to file the report.
    • The Redstone GCI HR team can support you with preparing and filing your EEO-1 report. Please contact us today if you are in need of assistance.
  • OFCCP’s Affirmative Action Plan Certification period begins March 31 and ends June 30. Covered contractors must certify their AAP in the new Contractor Portal.
    • The OFCCP’s Contractor Portal is a new platform where covered contractors and subcontractors must certify if they are meeting their requirement to develop and maintain Affirmative Action Plan(s). If you need assistance with this process, please contact us.
  • The U.S. District Court for the Eastern District of Texas ruled on March 14, 2022 that the Biden Administration violated the Administrative Procedure Act when it delayed and then withdrew the Trump era Independent Contractor Rule. Accordingly, the Court ruled that the Contractor Status Rule became effective on its original effective date, March 8, 2021.
  • The Department of Labor announced a Notice of Proposed Rulemaking (NPRM) to update the Davis-Bacon and Related Acts.
    • The NPRM, Updating the Davis-Bacon and Related Acts Regulations, seeks to better reflect the needs of workers in the construction industry, and planned federal construction investments. The DOL has proposed to return to the system used until 1983. Many employers are disappointed with this potential solution. They believe the proposed system could unintentionally favor union labor. The proposed rulemaking by the department’s Wage and Hour Division represents the most comprehensive review of the Davis-Bacon Act regulations in 40 years.
  • The US Department of Labor released a field assistance bulletin (FAB) regarding specific examples of what constitutes unlawful retaliation under the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and visa programs.
    • The FAB states, “Retaliation threatens the WHD mission to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation’s workforce. WHD will use every enforcement tool available to address retaliation.” If you need assistance with understanding and administering provisions under any of these laws and regulations, please contact the Redstone GCI HR team today.
  • The EEOC has updated its question-and-answer COVID guidance, this time with information about Title VII’s prohibition on religious discrimination in the context of religious accommodations to workplace vaccination requirements. This new guidance helps employers better understand the process of reviewing requests for religious accommodations and when and how to grant them.
  • The Office of Federal Contract Compliance Programs (OFCCP) released a new directive (DIR 2022-01) regarding pay equity audits.
    • The purpose of the directive is, “To provide guidance on how OFCCP will evaluate federal contractors’ compliance with pay equity audit obligations and clarify OFCCP’s authority to access and review pay equity audits conducted pursuant to 41 CFR 60-2.17(b)(3).”
    • DIR 2018-08, Transparency in OFCCP Compliance Activities
    • DIR 2020-02, Efficiency in Compliance Evaluations
    • DIR 2018-06, Contractor Recognition Program
    • DIR 2021-02, Certainty in OFCCP Policies and Practices
      • “clarifies that when covered contractors use OFCCP’s Contractor Portal to register and annually certify compliance with their AAP obligations, they are certifying that they have developed and maintained complete AAPs”.
      • KEY TAKEAWAY:  Covered contractors have had 45 days to prepare for a Scheduling Letter once notified of an audit via the Corporate Scheduling Announcement List (CSAL).  This will no longer be the case and the audit may begin immediately with issuance of the Scheduling Letter. Once the Scheduling Letter is received, the contractor will have 30 days to submit all requested information.

        On March 31, 2022, the OFCCP issued Directive 2022-02 in an effort to “promote greater contractor compliance” by  “conducting comprehensive compliance evaluations”  in a timely manner, promoting contractor’s self-audit of systems, implementing cross-regional approach to multi-establishment reviews and promoting communication with contractors.  DIR 2022-02 also

      This Directive also rescinds the following Directives:

    Clearly, now is a good time to focus on OFCCP compliance.  Follow our blog series on OFCCP and Affirmative Action and contact our experienced HR Consulting team for assistance with full compliance and Affirmative Action Program development and implementation.

Learn More About Our Human Resources Consulting Services

Written by Sheri Buchanan

Sheri Buchanan Sheri joined Redstone Government Consulting, Inc. in December 2012 as a Human Resources Consultant. She provides HR consulting services to our customers on a wide range of issues, from specific projects to an ongoing outsourced solution of the human resources function. Sheri has two decades of experience in providing a comprehensive assessment of all areas of HR, including establishing and implementing policies and practices, contract transition efforts/onboarding, and investigations. Sheri’s experience covers a broad spectrum of compensation planning and analysis for total compensation projects, reasonableness assessments including executive compensation, compensation philosophy development, total reward strategies, benefits analysis, market pay and pay equity evaluations. She regularly supports clients with the analysis and mapping of labor categories and the preparation and analysis of wage calculations and supports clients in pricing disputes with DCAA. Sheri has a wealth of experience in navigating the many compliance challenges associated with Service Contract Act and Davis Bacon Act. She has been a valuable resource to our clients in all these areas. She stays abreast of the various requirements of the Department of Labor and, of great importance to government contractors, the Office of Federal Contract Compliance Programs, as well as other federal and state regulations impacting human resources. Professional Experience Prior to joining Redstone Government Consulting, Inc., Sheri served in various roles in the Human Resources arena. While employed by a mid-size government contractor she assisted with database development, recruiting, affirmative action planning and contract proposals. Sheri later became an Employment Specialist with one of the largest employers in Huntsville, where she assisted and led managers in the interpretation and documentation of the progressive disciplinary process, conducted employee investigations and allegations of discrimination, sexual harassment, wrongful discharge and employee disputes, conducted unemployment hearings and conducted new employee orientation. Sheri developed and presented management training, administered facility compensation plan, monitored staffing budgets and wrote job descriptions and handbook revisions.

About Redstone GCI

Redstone GCI is a consulting firm focused on fulfilling the needs of government contractors in all areas of compliance. With a singular mission to help contractors through the multiple layers of “red tape,” we allow contractors to focus on what they do best – support their mission with the U.S. Government. We are home to a group of consultants made up of GovCon industry professionals, CPAs, attorneys, and retired government audit and acquisition professionals.

Our focus and knowledge of audit and compliance functions administered by DCAA and DCMA will always be at the heart of what we do. However, for the past decade, we’ve strategically grown to support other areas of the government contractor back-office with that same level of focus and expertise. We’ve added expertise in contracts management, subcontract administration, proposal pricing, various software systems, HR and employment law, property administration, manufacturing, data analytics/reporting, Grant specialists, M&A, and many other areas. When we see a trend in the needs of contractors, we act to ensure we can provide the best expertise in the market to fulfill those needs.

One thing our clients can be certain of is that with the Redstone GCI Team in your corner, there is no problem too big and no issue too technical for our team to tackle.

Topics: HR Huddle