OFCCP Publishes Three New Directives, Formally Rescinding “Active Case Enforcement” Procedures, Establishing New “Early Resolution Procedures,” and Inaugurating Informal Opinion Letters

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has released three new internal directives aimed at further improving the efficiency and transparency of the agency’s enforcement initiatives.

The three new directives (2019-01, 2019-02, and 2019-03) are the first three issued by the agency in fiscal year 2019, which began on October 1, 2018, but bring the total of new directives issued in calendar year 2018 to 12, underscoring the major policy shifts that have occurred at OFCCP over the last year under former Director Ondray Harris, and more recently, Acting Director Craig Leen.

Briefly, Directive 2019-01 formally rescinds the prior Administration’s “Active Case Enforcement” procedures, which required OFCCP compliance officers to conduct a full desk audit in every compliance evaluation. Directive 2019-02 establishes new “Early Resolution Procedures.” Directive 2019-03 announces OFCCP’s intent to begin issuing informal “opinion letters” at some point in the future.

Copies of the three new directives are available here.

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