The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has published a final rule that revises the procedures that the agency follows when it discovers alleged federal contractor violations during a compliance evaluation. OFCCP claims the revised rules will strengthen its ability to pursue meritorious cases, but the revisions could signal a return to the “gotcha” approach used by OFCCP during the tenure of former OFCCP Director Paticia Shiu. The revised regulation, formally titled Pre-enforcement Notice and Conciliation Procedures, retains some portions of the Trump-era rule, including the Predetermination Notice (PDN) requirement and the early resolution provisions. OFCCP’s revised will take effect September 5, 2023.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.