Recent News

As of today, October 1, the federal government is in a shut-down mode.  This means that, until an appropriation bill is enacted and signed by the President, government agencies cannot perform any functions except those that are deemed essential. There will be a temporary halt in routine investigations and audits by the workplace enforcement agencies—the Wage and Hour Division and Office of Federal Contract Compliance Programs of DOL, the Equal Employment Opportunity Commission, the Department of Justice, and the National Labor Relations Board.  The agencies will also not be able to meet court deadlines during the shut-down period, but will be granted extensions of time to file documents once the shut-down is over. Additionally, E-Verify has been temporarily shuttered as part of the government shutdown, although employers must still complete the Form I-9 no later than the third business day after begins working. If you have questions about any specific case or circumstance, please contact a FortneyScott attorney for additional guidance.

The deadlines for the U.S. Department of Labor Veterans' Employment and Training Service (VETS) VETS-100 and VETS-100A reports have been extended from September 30 to October 31, 2013, likely because of technical difficulties. Please click here to visit the VETS-100/100A website for any further updates.

The final regulations for VEVRAA and for Section 503 of the Rehabilitation Act were published today, September 24, 2013, in the Federal Register. The regulations are effective 180 days from today. Please click here for the final VEVRAA regulations and here for the final 503 regulations.

Today, August 27th, the U.S. Department of Labor's Office of Federal Contract Compliance Programs ("OFCCP") announced the long-anticipated revised Section 4212 of Vietnam Era Veterans' Readjustment Assistance Act of 1974 ("VEVRAA") regulations and revised Section 503 of the Rehabilitation Act of 1973 regulations for federal contractors. The regulatory text of the revised VEVRAA regulations is available by clicking here, and the regulatory text of the revised Section 503 regulations is available by clicking here . The new regulations will be effective in 180 days from the date of publication in the Federal Register. FortneyScott attorneys are reviewing the regulatory provisions and will be providing a Lunch and Learn briefing as well as other information and materials to assist contractors with continued compliance. Please stay tuned for further information from WorkPlace HR.

Today, the OFCCP issued Directive 310 providing guidance on calculating back pay. It is effective immediately. Please click here for the directive and look for more information soon.

We have been informed that some companies who did not receive CSAL notices have received OFCCP compliance review scheduling letters (“scheduling letters”). Be sure that your HR field staff knows to forward scheduling letters and CSALs to your headquarters, regardless of the type of communication received from the OFCCP.

U.S. Citizenship and Immigration Services (USCIS) published a Notice today in the Federal Register announcing a revised Form I-9. The revisions include formatting changes, as well as additional data fields for the employee's foreign passport information (if applicable), the employee's telephone number, and the employee's email address. After 60 days, all prior versions of Form I-9 can no longer be used.

For more information, click here to view the Notice published in the Federal Register. Click here to view the Form I-9 page of USCIS's website, which will soon be updated with the new Form I-9.

Learn about the OFCCP's new compensation Directive, effective February 28, and the compliance challenges that federal contractors now face when addressing compensation systems and practices in OFCCP investigations and audits.

On Monday, the OFCCP announced that on December 11th OMB approved Directive 296, which revises the application and approval procedures for Functional Affirmative Action Programs (FAAPs).

U.S. Citizenship and Immigration Services (USCIS) has launched a new E-Verify search tool designed to make it easier for users to search and locate E-Verify employers. New features include the ability to filter, sort, and export employer results. To view the new search tool, click here.