Redstone Government Consulting Blog | Human Resources (9)

On February 22^nd, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced that it will now post its Corporate Scheduling Announcement List (CSAL) in its Freedom of Information Act (FOIA) library instead of sending advanced notifications to individual establishments. The next CSAL is expected to be released in early to mid-March.

With its January 25^th decision in SuperShuttle DFW Inc., the National Labor Relations Board (NLRB) altered its stance on the independent contractor standard. In a 3-1 vote, the NLRB amended its previous decision in FedEx Home Delivery (2014), asserting that a worker’s classification under the National Labor Relations Act (NLRA) should depend largely on the traditional common-law standard rather than economic factors.

The 2018 EEO-1 reporting deadline, originally set for March 31, 2019, has been extended to May 31, 2019 due to the recent government shutdown. The EEOC, which planned to open the 2018 EEO-1 filing website during the second or third week of January 2019, closed its offices during the shutdown, and is now expected to launch in March. As employers wait for the filing website to launch, they may want to proactively gather employment data from the fourth quarter of 2018 so they will be prepared to file their EEO-1 report in a timely manner.

In the midst of football season, coaches often recite an age-old adage: “The best defense is a good offense.” Successful leaders recognize that, by proactively acknowledging and addressing potential pitfalls, their teams will be better able to defend themselves in the face of opposition.

What better way to kick off 2019 than with a quick review of your Affordable Care Act (ACA) reporting requirements? Employers subject to the ACA must distribute reporting forms to employees and file with the IRS shortly after the new year, so now is the time to gather and review all required data.

On November 15^th 2018, the IRS issued Revenue Procedure 2018-57, announcing that employees can contribute $2,700 to health FSAs in 2019. This is a $50 increase from the 2018 limit of $2,650. In addition, Procedure 2018-57 adjusted limits and thresholds for other employee benefits, including those related to qualified transportation & parking and employer-sponsored adoption assistance programs.

We’re almost through October and 2019 will be here before we know it. This is a great time to review your company’s year-end and new year checklists for compliance. Want to be sure those frightful DOL ghosts and OFCCP goblins don’t come after you?   Keep these checklist items in mind:

A New Procedure: Directive 2018-05

On August 24, 2018, the Office of Federal Contract Compliance Programs (OFCCP) issued a standard procedure for OFCCP staff to follow when conducting an analysis of contractor compensation practices during a compliance evaluation.   This information is also intended to assist government contractors in performing annual internal reviews and proactively addressing any potential pay discrimination. Directive 2018-05 - Analysis of Contractor Compensation Practices During a Compliance Evaluation replaces Directive 2013-03 Procedures for Reviewing Contractor Compensation Systems and Practices which was issued in February 2013.

Quite often, in practice, we see contractors classifying too much cost as IR&D or more commonly, B&P expense.  In a proposal setting, experts from across your company support the development of a compliant proposal.  The question we see frequently is: “Who should be charging to B&P Projects?”  While a business may want to capture the total cost of a proposal effort, including administrative support from G&A staff, it is not wise to have these personnel charge to a B&P project where their labor will absorb overhead. 

With summer just around the corner, now is the perfect time for your company to advertise internship opportunities. Internships are often a “win-win” opportunity, providing valuable education and training for students while improving workflow for employers.