Overview:
- EEO-1 reporting has been extended once again. The deadline is now August 23rd. Additionally, they have made an improvement to the reports feature on the website to help users have a better experience.
- EEO Tabulation data from 2014 to 2018 is now available.
- Biden's new Executive Order (EO) takes aim at noncompete agreements.
- A potential major challenge at the OFCCP could impact the 2020 Final Rule "Procedures to Resolve Potential Discrimination."
- I-9 flexibility is extended until August 31, 2021.
- The US Department of Labor (DOL) announced a Notice of Proposed Rulemaking to create standards and procedures to implement and enforce President Biden's earlier Executive Order 14026 that will increase the federal contractor minimum wage to $15 per hour.
- Department of Labor issued All Agency Memorandum 237 increasing the Health and Welfare benefit applicable to SCA-covered contracts.
Details:
- EEO-1 reporting has been extended once again. The deadline is now August 23rd. Additionally, they have made an improvement to the reports feature on the website to help users have a better experience.
- The EEOC has extended the reporting deadline to August 23rd due to a large number of support requests outstanding. The EEOC asks that users remain patient as they work through the support requests.
- The EEOC has improved the reports tool on the EEO-1 website. It now allows users to download all reports at once, rather than tediously downloading them one by one. This feature is only available for 2019 and 2020 reports. Reports prior to 2019 still must be downloaded one at a time.
- EEO Tabulation data from 2014 to 2018 is now available. This data has been much anticipated by employers who must complete Affirmative Action Plans (AAPs). OFCCP has not yet required contractors to use this new data, but it will give employers the opportunity to prepare and view their current state against the most up-to-date data. If your organization needs assistance completing your AAP, Redstone GCI can help. Request a free consultation today or visit our services page to find out more about how we can serve you.
- Biden's new Executive Order (EO) takes aim at noncompete agreements. The Biden Administration has issued a new Executive Order (EO #14036) titled “Promoting Competition in the American Economy.” Among the seventy-two items in the EO suggested by President Biden, one such is the suggestion directed to the FTC to ban or limit noncompete agreements. This could heavily impact the tech industry. We are monitoring the implications that this Executive Order may produce. We will update you with more information as it becomes available.
- A potential major challenge at the OFCCP could impact the 2020 Final Rule "Procedures to Resolve Potential Discrimination." The November 10, 2020 Final Rule “Procedures to Resolve Potential Discrimination” issued by DOL set forth procedures the office of Federal Contract Compliance Programs would use to resolve potential discrimination and other material violations of EO 11246, Section 503 and VEVRAA. This provided contractors with a roadmap for understanding the expectations of OFCCP. We will keep an eye out for the proposed rulemaking slated for September 2021, "Modification of Procedures to Resolve Potential Employment Discrimination” which would modify the 2020 final rule, and hopefully provide clear procedures outlining future expectations.
- I-9 flexibility is extended until August 31, 2021. I-9 forms and identification documents can be viewed and completed remotely. While this is the case, there are still stipulations to the process. We can help guide you through the remote I-9 process. (Note: If there are employees physically present at a work location, no exceptions are being implemented at this time for in-person verification of identity and employment eligibility documentation for Form I-9, Employment Eligibility Verification.)
- The US Department of Labor (DOL) announced a Notice of Proposed Rulemaking to create standards and procedures to implement and enforce President Biden's earlier Executive Order 14026 that will increase the federal contractor minimum wage to $15 per hour.
- The DOL has released proposed regulations to enforce and implement the coming minimum wage increase for workers performing work on or in connection with covered federal contracts to $15 per hour on January 30, 2022, which is a substantial increase from the current minimum wage of $10.95 . The proposed regulations are similar to those issued under President Obama’s Executive Order 13658 “Establishing a Minimum Wage for Contractors.” However, noting a few differences, the Department of Labor explained that “This Executive Order and its enacting regulations will… Continue to index the federal contract minimum wage in future years to an inflation measure; Eliminate the tipped minimum wage for federal contract workers by 2024; Ensure a $15 minimum wage for workers with disabilities performing work on or in connection with covered contracts; Restore minimum wage protections to outfitters and guides operating on federal lands.”
- These regulations are available for public comment through August 23, 2021.
- Department of Labor issued All Agency Memorandum 237 increasing the Health and Welfare benefit applicable to SCA-covered contracts.
- Effective July 16, 2021, the Wage and Hour Division began revising Wage Determinations to increase the H&W rate on SCA-covered contracts as follows:
- $4.60 per hour
- $4.23 per hour if EO 13706 Paid Sick Leave is applicable to the covered contract
- $1.94 per hour if in Hawaii and providing health care benefits pursuant to Hawaii Prepaid Heathcare Act (HPHCA)
- $1.63 per hour if in Hawaii, providing health care benefits pursuant to HPHCA and EO 13706 Paid Sick Leave is applicable to the covered contract
- As a reminder, new H&W rates are not self-executing and therefore will not become applicable until formally inserted into the contract at award or by modification (for most contractors that will happen upon anniversary or the beginning of an option period). Look to your contracting officer to incorporate the new WD at that time.
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.
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