The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has submitted a formal request to the White House Office of Management and Budget (OMB) to approve changes to the various letters the agency uses for scheduling federal contractors for compliance evaluations under the laws OFCCP enforces. In direct response to written comments filed by NT Lakis lawyers, the final versions submitted for OMB approval scale back on several (but not all) of the burdensome changes to the letters initially proposed by OFCCP earlier this year.
Most notably, OFCCP has withdrawn the provisions in the standard scheduling letter that would have required contractors to submit a compensation analysis at the start of each audit, and provide an availability analysis that considers the incumbency and availability by job group for individual races and ethnicities, in addition to the availability of minorities in the aggregate.
OMB approval is required under the federal Paperwork Reduction Act (PRA) before OFCCP can begin using the revised scheduling letters, and under PRA requirements, interested parties have until July 29, 2019, to submit comments to OMB on OFCCP’s proposed changes.
Members of the Center for Workplace Compliance (CWC) can read more here.