OFCCP Seeks OMB Approval for Changes to the Scheduling Letter

By | September 28, 2011

On September 28, 2011, the Office of Federal Contract Compliance Programs (OFCCP) sent the proposed changes to the scheduling letter to the Office of Management and Budget (OMB) for approval.  The proposed changes can be found on Reginfo.gov at: http://www.reginfo.gov/public/do/PRAViewIC?ref_nbr=201104-1250-001&icID=13735.

The proposed changes were first published by the OFCCP on May 12, 2011.  The notice can be found at: http://www.gpo.gov/fdsys/pkg/FR-2011-05-12/pdf/2011-11570.pdf.  The agency disregarded most of the comments made by the public regarding the May proposed changes.

The most significant changes to the itemized listing are as follows:

Employment Policies – The OFCCP created a new item 8.  Contractors will now be required to submit employment policies covering the Family and Medical Leave Act (FMLA), pregnancy leave, and accommodations for religious observances and practices.

Collective Bargaining Agreement(s) – The new item 9, previously item 8, will defines the additional information required as “the submission of any other documents prepared, such as policy statements, employee notice handbooks, etc. that implement, explain, or elaborate on the provisions of the collective bargaining agreement”, in addition to providing a copy of the CBA(s).

Activity Data – The new item 11, previously item 10, will require the submission of applicant, hire, promotion, and termination data by both job group and job title, as well as by specific individual race/ethnic category (African-American/Black, Asian/Pacific Islander, Hispanic, American Indian/Alaskan Native, White, and Unknown).

Compensation Data – The new item 12, previously item 11, will require contractors to submit detailed compensation data as of February 1 for all employees.  The data will include sex, race/ethnicity, hire date, job title, EEO-1 Category, job group, and compensation for each employee.  Compensation includes base salary, wage rate, and hours worked.  In addition, bonuses, incentives, commissions, merit increases, locality pay or overtime should be listed separately for each employee.  Contractors may provide additional data on factors that are used to determine compensation, such as education, experience, and performance.  The proposed letter would request any additional documentation or policies related to compensation.

Veterans and Accommodations – The OFCCP created a new item 13.  Contactors will now be required to submit VETS-100 and/or VETS-100A reports for the past three years.  Contractors will also need to provide copies of accommodation policies and records of accommodations granted to individuals with disabilities and covered veterans.

The OFCCP claims that the proposed changes will minimize the overall burden on contractors.  It appears that the OFCCP has woefully underestimated the additional time it will take to comply with these changes.

A copy of the comments that Glenn Barlett Consulting Services, LLC submitted to the Department of Labor can be found at http://www.regulations.gov/#!documentDetail;D=OFCCP-2011-0003-0011.

Please contact us by calling (732) 446-2529 or sending us an e-mail at glennbarlett@gbcs.net if you are interested in additional information regarding the proposed changes to the scheduling letter.