September 22, 2019

September 20, 2019

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OFCCP Publishes New Compliance Guides

On August 2, 2019, OFCCP published six new compliance guides on its website.  The new guides include:

  • OFCCP At A Glance, which provides an overview of the functions performed by OFCCP

  • What Federal Contractors Can Expect, which provides general expectations that guide interactions between contractors and OFCCP

  • Posting and Notices Guide & Checklist, which focuses on the posting and notice requirements of federal government contractors and subcontractors

  • VEVRAA Recordkeeping Guide, Section 503 Recordkeeping Guide, and Equal Opportunity (EO 11246) Recordkeeping Guide, which identify which records must be kept by covered contractors and how long the records must be kept

The publication of these compliance guides follows OFCCP Director Craig Leen’s commitment during his July 31 remarks at the National ILG conference that OFCCP will maintain a “laser focus” on transparency and regulatory certainty.  Director Leen stated that OFCCP intends to publish additional technical assistance guidelines on Section 503 and disability issues, VEVRAA compliance, and promotions after the OFCCP undertakes its first round of focused reviews on those subjects.  He also noted that OFCCP will soon open an online help desk that will allow contractors to anonymously seek guidance from OFCCP with responses posted for public reference.

Contractors would be well served to review these compliance guides and consider whether they are meeting all applicable requirements.  In particular, OFCCP officials at the National ILG conference noted OFCCP will have a renewed focus on recordkeeping requirements, which have not been a focus for several years during compliance evaluations.  If contractors are unable to offer proof that they are complying with their recordkeeping obligations, they face  penalties for technical violations.  With the assistance of counsel, contractors should identify and address potential issues before they are discovered in an OFCCP audit.

© Polsinelli PC, Polsinelli LLP in California

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About this Author

Conne Bertram Government Contract Lawyer Polsinelli Law Firm
Shareholder

Connie focuses her practice on whistleblower, trade secrets, government contractors and employee mobility counseling and litigation. She frequently conducts confidential internal investigations involving executive-level employees, including alleged fraud, theft or misuse of company data, trade secrets, sexual harassment and code of conduct violations. She routinely counsels, investigates and litigates restrictive covenant and trade secrets disputes between employers and former employees.

Connie has defended complex whistleblower, trade secrets and restrictive...

202.777.8921
Associate

Jack Blum is an associate in the firm’s Employment Disputes, Litigation, and Arbitration practice, where he represents employers in connection with a wide range of employment law issues. Jack has extensive experience in defending employers against claims by their employees in federal and state courts, as well as before government agencies like the EEOC, Department of Labor, and state human rights commissions. Jack aggressively defends his client’s personnel practices and decisions while not losing sight of their underlying business goals and objectives. Jack represents clients in all aspects of complex employment litigation and has advised and defended employer clients regarding a wide variety of employee claims, including:

• Employment discrimination, harassment, and retaliation
• Wage and hour
• Employment contract disputes
• Independent contractor/employee misclassification audits 
• Tort claims arising out of the employment relationship

Jack also has extensive experience representing parties in litigation arising from employee mobility, including claims involving non-competition, non-solicitation, and confidentiality agreements as well as the misappropriation of trade secrets. Significantly, Jack has experience in both prosecuting and defending these claims and is, therefore, able to offer clients a well-rounded assessment of their options and courses of action. Jack also has experience redressing employee data breaches under the Computer Fraud and Abuse Act.

Jack also has a background in employment counseling, where he has worked closely with in-house counsel, human resources personnel, and business executives to craft personnel policies that meet the client’s business requirements while complying with applicable laws. Jack has particular experience in assisting clients with issues relating to employee/independent contractor classifications, and regularly advises clients regarding the defensibility of classifications, drafts independent contractor agreements to provide the strongest possible arguments in support of the classification, and defends misclassification claims asserted by employees and government agencies. Jack also walks clients through sensitive personnel actions to reduce the potential for litigation or at least best position the client in the event that litigation is inevitable. Jack draws heavily upon this counseling experience in representing clients in litigation.

During law school, Jack served as a legal intern in the U.S. Securities and Exchange Commission’s Office of the Inspector General where he contributed to several high-profile internal investigations, and also interned with the Maryland Attorney General’s Office.

202.772.8483
Associate

Samuel Long is an associate in the Employment Disputes, Litigation and Arbitration practice group. Sam represents corporate clients and individuals in a variety of industry sectors in all aspects of labor and employment law, including representation before administrative agencies and litigation in state and federal court. Clients rely on him for valuable legal counsel as they face sensitive workplace issues. He has successfully defended clients against claims of discrimination, retaliation, and wrongful termination under state and federal statutes, including Title VII,...

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