The Department of Labor has announced updates to the Notification of Employee Rights Under Federal Labor Law poster, required to be posted (in 11×17 format) by federal contractors and subcontractors pursuant to Executive Order 13496.

The changes include:

  • a new telephone number for the National Labor Relations Board (NLRB), the agency responsible for enforcing the NLRA – 1-844-762-NLRB (6572)
  • new contact information for individuals who are deaf or hard of hearing through the Federal Relay Service

Though the changes are technical in nature, it is important that you ensure you have the updated poster in place, especially given all of the OFCCP audit activity on the horizon.

In its latest progress report, submitted to the Court on May 24, 2019, the EEOC details its efforts over the past weeks to get the new EEO-1 pay data reporting tool up and running.

The report details meetings between EEOC and NORC to develop training materials and a Help Desk to field questions from filers among other items necessary to open the pay data collection tool.

Per the report, EEOC anticipates the Help Desk to be fully operational by June 17 and is looking to provide an update on the collection of the 2017 and 2018 pay data, as well as contact information for the Help Desk, on or about June 3rd.

The filing also reports

The EEOC is currently on track to open the Component 2 data collections for calendar

years 2017 and 2018 from July 15, 2019 through September 30, 2019.

We will continue to report as we receive more information about the Help Desk and data collection efforts.

This week the Department of Labor announced its spring 2019 Regulatory Agenda.   Included was an new item from OFCCP that was part of its prior published regulatory agenda.  As OFCCP previously announced in 2018, its planned rule-making agenda for the near future includes rulemaking to address affirmative action obligations for TRICARE providers (slated for May 2019) and contractor’s use of religious exemptions (slated for June 2019).

Continue Reading OFCCP Adds to 2019 Rulemaking Agenda

OFCCP Director Craig Leen thinks the Agency has made good progress on implementing “the four pillars” but there is still work to be done.

Speaking this week in Florida, Director Leen shared accomplishments, and things to come, for each of the four tenants.  However, he noted he was not allowed to comment on the pending proposed changes to the scheduling letters.

Continue Reading Director Leen Shares OFCCP Update

As anticipated, the U.S. Senate has confirmed the nomination of Republican Janet Dhillon as the Chairwoman of the EEOC.  Ms. Dhillon joins Republican Victoria Lipnic, who has been Acting Chair, and Democrat Charlotte Burrows.  According to EEOC’s website, Ms. Burrows’ term ends July 1, 2019.

Continue Reading EEOC Back In Business with New Quorum

It’s time to start checking the mail.  As a sure indication of the Agency’s intention to soon start initiating audits from the FY2019 CSAL, OFCCP has published a new Compliance Check website.  OFCCP has published similar guidance for the Section 503 Focused Reviews.

Continue Reading OFCCP Provides Resources for Compliance Checks

The past few weeks have seen a flow of new developments involving the recently reinstated EEO-1 pay data reporting obligations.  And Friday, May 3rd, was no exception.  At the same time EEOC was announcing its decision to collect pay data for 2017 as well as 2018, the Office of Management and Budget (OMB) was filing a Notice of Appeal of Judge Tanya S. Chutkan’s Order reinstating the pay data reporting obligation.

Continue Reading EEOC Provides Pay Data Reporting Update

One of the biggest outstanding questions about the recently reinstated pay data reporting obligation was whether employers will be required to provide more than one year of pay data during this reporting cycle.  EEOC has made its decision.  In an advance copy of a notice to be posted in the federal register May 3, EEOC puts employers on notice that it will seek to collect data for 2017 in addition to 2018.

Continue Reading EEOC Decides to Collect 2017 Pay Data In Addition to Data for 2018

As ordered by Judge Tanya S. Chutkan, EEOC has posted the following notice on its website alerting employers to the new EEO-1 pay data requirement.  The Notice indicates EEOC has not yet decided whether it will collect 2017 or 2019 data in addition to the current year of pay data.  EEOC has until May 3 to report its decision on this point to the Court and employers.

Continue Reading EEOC Posts Notice About EEO-1 Pay Data Reporting As Required