Compliance Stuff

Spoiler: Section 503 takes center stage.   The Office of Federal Contract Compliance Programs dropped three proposed rules on July 1, offering revisions to its existing regulatory scheme. Key highlights : Executive Order 11246 . The OFCCP  proposes to rescind  the implementing regulations altogether. Vietnam Era Veterans’ Readjustment Assistance Act . The OFCCP  proposes to update  the regulations to remove references to Executive Order 11246 and its regulations. Section 503 of the Rehabilitation Act . In addition to eliminating references to Executive Order 11246, the OFCCP  proposes to rescind  all obligations relating to disability statistics , including voluntary invitations to applicants and employees to self-identify as disabled, the 7 percent utilization goal for individuals with a disability, and the data collection analysis. Proposed rule to rescind Executive Order 11246 regulations President Trump  revoked Executive Order 11246 ...

The Wage and Hour Division published an opinion letter addressing Family Medical Leave Act (FMLA) regulations. The opinion letter addressed whether the FMLA regulations pertaining to substitution of paid leave apply when employees take leave under state or local paid family leave programs. FACTS FMLA entitles eligible employees of covered employers to take up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons (29 USC § 2612(a) . FMLA provides for unpaid leave, the statute also allows employees to elect, or an employer require the employee, to "substitute" accrued employer-provided paid leave (like vacation, PTO, paid sick leave, etc.) for any part of the  unpaid FMLA period (29 USC §2612(d)(2) ; 29 CFR § 825.207(a) .  Either the employer or employee can decide to have employer-provided paid leave "run concurrently (at the same time) with the unpaid FMLA leave."  Some State Governments have passed legislation that provides p...

  Approved by the OMB (Office of Management and Budget) in August 2023, the   New Scheduling Letter   and Itemized Listing provides an increase amount of work!  The “Letter” has increased the amount of data federal contractors must submit with their desk audit submission.  Much of this information that is required now, was only required if the original submission   raised issues   that warranted additional review.   In JD Supra's review of the data, states that Item 22 requires "new detail on the contractors 41 CFR 2.17(b)(3) review of its compensation system.  The regulation does not require that contractors perform a statistical analysis - even though 22(e) is written as if it does.   Federal Contractors may receive the Scheduling Letter and Itemized Listing by e-mail with a read receipt--this promotes timely exchange of information---Contractors that do receive an e-mail will not receive a hard copy of the Scheduling Letter and Itemiz...