News


Meet Your New OFCCP Director…

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Craig Leen has been appointed as the new OFCCP Director. He replaces interim Director, Tom Dowd, who has been in the role since Patricia Shiu resigned in November of 2016. Mr. Leen has a legal background serving as the City Attorney and Chief Legal Officer for the City of Coral Gables since 2011. He received his Juris Doctor from Columbia Law School in 2000 and also serves as a volunteer adjunct professor for the University of Miami School of Law. We are closely monitoring his transition into his new role and will provide any significant updates as they...

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Significant New EEO-1 Development

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In July of 2016, we reported on the EEOC’s revision to the proposed EEO-1 pay data collection report.  The EEOC announced yesterday that the report requirement (Component 2) is currently postponed indefinitely.  The requirement would have required employers to report the number of employees that fall into each of the “pay bands” within each EEO-1 category.  In addition to the employee counts, employers would have also reported the total number of hours worked by those employees.   The EEOC confirmed in their statement yesterday that the previously approved form that collects race, ethnicity and gender data by occupational category will remain in effect. The EEOC plans to release additional information in the future.   At this time, employers should plan to use the earlier approved EEO-1 (Component 1) and plan to file by March 31, 2018.  There is no September 2017 filing due.   We will post additional information as it becomes available. As always, if you have any questions, please do not hesitate to contact...

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Fall 2017 Webinars

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“Tuesday Topics” focus in depth on a particular AAP-related topic. They are designed especially for HR professionals and open to clients and the HR profession. Tuesday programs are complimentary to current clients and their attorneys.  The non-client fee is $95.00 per session.   “Specialized Programs” are designed to provide AAP-related insights and perspectives, and are suitable for both HR professionals and managers and supervisors.  Wednesday programs are complimentary for clients and their attorneys. The non-client fee is $95.00 per session.   Sandy Henderson and other members of the HR Specialties team facilitate all sessions, which typically include handouts and ample time for questions and discussion.   For registration links for the schedule below, please contact us at info@hrspecialties.com   Tuesday Topic Schedule: Tuesday, September 19, 2017   9:00 AM – 10:00 AM PT New Challenges: Obtaining Accurate Employee & Applicant Self-ID   Tuesday, October 24, 2017   9:00 AM – 10:00 AM PT Overview of EEO & AAP Requirements and Compliance   Tuesday, November 14, 2017   9:00 AM – 10:00 AM PT Applicant Tracking & Disposition and EEOC’s Internet Applicant Guidelines   Tuesday, December 12, 2017   9:00 AM – 10:00 AM PT Annual AAP Renewal: Providing Annual AAP Data to HR Specialties     Specialized Program Schedule: Wednesday, September 20, 2017   9:00 AM – 10:30 AM PT Investigating & Resolving Adverse Impact Results in an AAP   Wednesday, October 25, 2017   9:00 AM – 10:30 AM PT A Guided Tour of the AAP Narratives   Wednesday, November 15, 2017   9:00 AM – 10:30 AM PT Reading & Interpreting AAP...

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White House Budget for 2018

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The White House released its 2018 budget which includes a proposal to merge the OFCCP and EEOC.  In this proposal the EEOC’s budget will be left unchanged at $364 million and the OFCCP’s budget will be cut from $105 million to $88 million.  A merger will require congressional action to authorize transfer of enforcement authority.  With the many arguments in favor and opposition to the merger, we will wait and see how things transpire.

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Who is Alexander Acosta?

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On April 27, the Senate confirmed Alexander Acosta as the new Secretary of Labor.  Mr. Acosta is a former U.S. Attorney and the Dean of Florida International University College of Law.  President Trump’s first pick for the secretary seat, Andrew Puzder, withdrew his nomination in February.  Mr. Acosta has the duty of selecting the next Director of the OFCCP, but until then it seems like it is business as usual for the agency. As we announced in late February, the OFCCP sent pre-audit letters to 800 individual locations and facilities of federal contractors and subcontractors.  Audit scheduling letters have since been received by some of our clients.  As a reminder, we recommend checking your mailbox (and your company’s mail room) to see if your location has received a letter from the U.S. Department of Labor’s Office of Federal Contract Compliance Programs...

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Spring & Summer Webinar Schedule

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“Tuesday Topics” focus in depth on a particular AAP-related topic. They are designed especially for HR professionals and open to clients and the HR profession. Tuesday programs are complimentary to current clients and their attorneys.  The non-client fee is $95.00 per session.   “Specialized Programs” are designed to provide AAP-related insights and perspectives, and are suitable for both HR professionals and managers and supervisors.  Wednesday programs are complimentary to current clients and their attorneys.   Sandy Henderson and other members of the HR Specialties team facilitate all sessions, which include handouts and ample time for questions and discussion. Please contact us if you are interested in signing up for any of these.   Tuesday Topic Schedule:  Tuesday, April 18, 2017   9:00 AM – 10:00 AM PT Applying EEOC’s Internet Applicant Rules to AAPs     Tuesday, May 16, 2017   9:00 AM – 10:00 AM PT Applying Codes for Requisitions & Applicant Disposition     Tuesday, June 20, 2017   9:00 AM – 10:00 AM PT Six Month Update: OFCCP & EEOC in the New Administration     Tuesday, July 18, 2017   9:00 AM – 10:00 AM PT Managing Interview Panels & Talent Pipelines   Specialized Program Schedule: Wednesday, April 19, 2017   9:00 AM – 10:30 AM PT Documenting HR Decisions for EEO Compliance     Wednesday, May 17, 2017   9:00 AM – 10:30 AM PT The Challenges Created by “Temps to Hire”     Wednesday, June 21, 2017   9:00 AM – 10:30 AM PT  How to Read & Interpret a Completed AAP     Wednesday, July 19, 2017   9:00 AM – 10:30 AM PT  Samples for Documenting & Assessing Effective...

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OFCCP Has Issued A New Round of Letters Alerting Employers About Upcoming Audits

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February 23, 2017   The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) has sent a new round of pre-audit letters to 800 individual locations and facilities of federal contractors and subcontractors. This letter puts contractors on notice that their locations can anticipate an Audit Letter in the future. These were all sent to the facility directly, rather than to any corporate headquarters.   Please note that this first letter is NOT the actual Audit Scheduling Letter. It does not require any response by your organization.   We recommend checking your mailbox (and your company’s mail room) to see if your location has received a letter from the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP).  Most likely it will be addressed to “Human Resources Director”.   If you receive this letter, here’s what we recommend…   If your location is part of a multi-location employer, notify the person in charge of AAP compliance at the corporate level. These letters appear to be in place of notifying a corporate representative about all the locations where audits are planned.   If you are the corporate contact for multiple locations, we recommend alerting each facility’s local HR representative to be on the lookout for such a letter.   Please contact us at Human Resource Specialties right away to ensure that your organization has a current AAP and is prepared to respond.  Audit support is included in our annual affirmative action services to your...

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OFCCP Updates Disability Self-ID Form

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Since March of 2014, OFCCP has required federal contractors to use a specific Voluntary Self-Identification of Disability form when inviting applicants to identify their disability status at the pre and post-offer stage of the hiring process. The form is also used when your organization surveys its workforce. The mandatory form is authorized by the Office of Management and Budget (OMB). The 2014 version of the form expired on January 31, 2017. Last week, the federal Office of Management and Budget approved the form for another three years, which will expire on January 31, 2020. HR Specialties advises switching to the new form as quickly as possible, including updating the form within electronic applicant tracking systems. This is because OFCCP’s Disability regulations require employers to use the form with the valid OMB approval date. A PDF version of the new version attached. An updated form along with versions in different languages can be downloaded from the OFCCP’s website:...

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Changes in DOL and OFCCP

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President-elect Donald Trump has chosen Andrew Puzder to be Secretary of Labor.  Puzder is chief executive of CKE Restaurants, the parent company of the Hardee’s and Carl’s Jr. fast food chains.  Pudzer has a law background and has vocally opposed raising the federal minimum wage as well as the Department of Labor’s (DOL’s) recent federal overtime rule. The appointment of a new Director of the OFCCP is still pending.  Patricia Shui, Director of the Agency during the Obama administration, left her position on November 6, 2016.  Deputy Director, Tom Dowd, is the acting Interim Director. We anticipate changes to how OFCCP regulations will be enforced with the new administration, so please stay...

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Fair Pay & Workplaces Rule Update

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On October 24, 2016, one day before the Fair Pay and Safe Workplaces Rule was to go into effect, a federal judge in Texas issued a preliminary injunction that places a nationwide hold on implementing the contracting portions of the “blacklisting” rule. The ruling was issued in a lawsuit filed by the Associated Builders and Contractors of Southeast Texas. The injunction does not apply to the paycheck transparency requirements, which will still become effective January 1, 2017 for covered federal contractors and subcontractors. In other news, Patricia Shiu, Director of the Office of Federal Contract Compliance Programs will leave the agency on November 6.  Thomas M. Dowd , the OFCCP’s Deputy Director, will serve as Acting Director, effective November...

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