Labor Department ALJ Rules That OFCCP Can Move Up Construction Compliance Audit Based on Verbal Complaints Expressed at Agency Outreach Event

A Labor Department (DOL) administrative law judge (ALJ) has ruled that DOL’s Office of Federal Contract Compliance Programs (OFCCP) can alter its normal audit scheduling process and “bump up” a contractor for an onsite compliance evaluation based on nothing more than verbal complaints expressed by attendees at an OFCCP community outreach event.

The June 8, 2017, ruling by the ALJ in OFCCP v. Baker DC, LLC, 2017-OFC-00005, is noteworthy because it essentially permits OFCCP to conduct an audit “out of order” based merely on hearsay. The company involved in this case was a subcontractor on a construction project participating in OFCCP’s voluntary “Mega Construction Project” (MCP) program.

Members of the Center for Workplace Compliance (CWC) can read more here.