Recent News

Naomi Hackenberg of WorkPlace HR had the recent opportunity to participate on a panel discussion regarding OFCCP compliance for federal construction contractors.  As part of its annual TED and HR Professionals Conference, the Associated General Contractors of America (AGC) hosted the Federal Contracting Compliance Workshop, which examined all aspects of compliance for federal contractors. The OFCCP panel discussion during the FCC Workshop covered a range of topics including:  first steps as a federal contractor, applicant tracking, OFCCP audit experience, and OFCCP audit preparation. Naomi presented practical tips on implementing practices in the construction workplace to comply with the OFCCP regulations for construction contractors.

To learn more about the AGC, visit their website at www.agc.org.

Today, the Department of Labor (DOL) signed a memorandum of understanding with the Internal Revenue Service (IRS) to launch an initiative to streamline efforts to end the practice of misclassifying employees. The initiative will enable the DOL to share information and coordinate law enforcement efforts with the IRS. Secretary of Labor Hilda L. Solis also signed memoranda of understanding with seven state labor departmetns and other agency leaders. IRS Commissioner Doug Shulman said that the DOL and IRS would "work together more efficiently to address worker misclassification issues, and better serve the needs of small businesses and employees."

WorkPlace HR can help companies in conducting self-audits to prepare for increased classification enforcement.

The Department of Labor (DOL) announced that technical issues have delayed the use of the electronic filing system used by contractors to submit VETS-100 and VETS-100A forms for the 2011 cycle. The Agency anticipates resolving the technical problems within 60 days; consequently, the DOL will not accept submissions until October 1 and has extended the deadline for submission to November 30, 2011. We recommend that contractors compile their reporting and hold the reports until October 1 for submission. As long as reports are filed between October 1 and November 30, no enforcement actions against contractors will be initiated.

If a Federal Contracting Officer has directed you to file immediately, please see the special instructions at the link below. 

As a reminder, this does not affect the deadline for EEO-1 forms, which are still due September 30.

To read the full announcement, click on: http://www.dol.gov/vets/programs/fcp/main.htm

On a recent blog post over at Workplace FYI, we offered some tips on managing your EEO obligations without micromanaging your coworkers.

Now that we're into the dog days of summer, don't forget that it's time for midyear monitoring (or AAPs if you're on a fiscal year schedule). Head over to Workplace FYI for some tips on managing midyear monitoring effectively.

In an administrative complaint filed November 23rd, the DOL’s Office of Federal Contract Compliance Programs (OFCCP) alleged that Meyer Tool Inc., an aircraft engine parts manufacturer in Ohio, discriminated against a class of black applicants in hiring for entry-level machinist positions.  According to the complaint, OFCCP found statistical indicators of adverse impact against black applicants in the company’s hiring process and selection procedures in 2004.  Additionally, the complaint alleges that the company failed to comply with its recordkeeping, applicant tracking and affirmative action obligations under EO 11246.

WorkPlace HR is proud to support our military families this holiday season through Operation Homefront.  Operation Homefront DC Metro Chapter is an organization which serves and provides assistance to military members and their families throughout DC, Maryland and Northern Virginia.  Our office will be contributing gifts to families of wounded soldiers and deployed troops during the holidays and throughout the year by filling a "Holiday Giving Quilt." 

The U.S. Citizen and Immigration Services (“USCIS”) released updated E-Verify User Manuals for Employers, Federal Contractors, and E-Verify Employer Agents, as well as E-Verify Quick Reference Guides for Employers and E-Verify Employer Agents.  The manuals and reference guides, which can be accessed via USCIS’s website by clicking here, provide more comprehensive guidance on E-Verify, including step-by-step instructions on enrolling in the system and verifying a workforce.  In addition, USCICS issued a statement on the effects of invalid Puerto Rico birth certificates on the Form I-9 process.  The Vital Statistics Office of the Commonwealth of Puerto Rico is issuing new certified copies of birth certificates to U.S. citizens born in Puerto Rico.  All birth certificates from Puerto Rico issued before July 1, 2010 will become invalid after October 30, 2010.

By: Judith E. Kramer

In unveiling its semiannual regulatory agenda on April 26, the Department of Labor (“DOL”) announced its plans to propose regulations in each of its enforcement agencies that will place new requirements on employers. 

By: David S. Fortney

The U.S. Supreme Court, with surprising unanimity, ruled on May 24th that employers who use tests for employment decisions could face legal challenges each time the test results are used for those decisions.  (Lewis v. City of Chicago, U.S., No. 08-974, 5/24/10).   To read the article written by David S. Fortney in its entirety, please click here.