OFCCP Publishes 2021 Corporate Scheduling Announcement List for Upcoming Audit

Federal contractors should immediately review the Fiscal Year 2021 Corporate Scheduling Announcement List (CSAL), released on July 1 by the Office of Federal Contract Compliance Programs (OFCCP), to see if they have been selected for a future audit.

This CSAL notifies 750 Supply & Service establishments (locations) of upcoming audits and is the only advance notification to the contractor of the upcoming audit. In years past, establishments selected for an audit received notice by mail in the form of a Corporate Scheduling Announcement Letter. But now, OFCCP is exclusively posting the CSAL online.

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President Biden Raises the Minimum Wage to $15 for Certain Federal Contractors

On April 27, 2021, President Joe Biden signed an Executive Order (EO) requiring certain federal contractors to pay workers on government contracts at least $15 per hour beginning January 30, 2022. After 2022, the minimum wage will be adjusted annually for inflation at a rate set by the secretary of Labor (the secretary). The EO supported the minimum wage increase by stating that raising worker wages will promote efficiency in federal procurement through: (1) enhanced worker productivity and generation of higher-quality work from increased workers’ health, morale and effort; (2) reduced absenteeism and turnover; and (3) lowered supervisory and training costs.

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OFCCP Issues Final Rule to Clarify the Application of Executive Order 11246’s Religious Exemption

The Office of Federal Contract Compliance Programs (OFCCP) continued its clarity tour last week, publishing a final rule in the Federal Register regarding Executive Order 11246 and its religious exemption. The final rule explains the types of contractors that qualify for religious exemption and elucidates the latitude of such contractors to make employment-related decisions based on religion. The OFCCP maintains that its goal was to acknowledge case law permitting religious organizations to apply religious belief defenses to claims of alleged unlawful employment discrimination, but opponents believe the final rule impermissibly protects the free exercise of religion above protecting the rights of the LGBTQ community.

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President Trump’s ‘Executive Order on Combating Race and Sex Stereotyping’ Significantly Impacts Permitted Federal Contractors’ Workplace Diversity Training

On September 22, 2020, President Trump issued an unprecedented “Executive Order on Combating Race and Sex Stereotyping” (Order) directed to the federal workforce and federal contractors. The Order purports “to combat offensive and anti-American race and sex stereotyping and scapegoating” through a variety of measures, including significantly limiting the diversity trainings federal contractors may offer, requiring notification of applicable unions of their commitments under the Order and posting related notices in the workplace, and adding provisions to address the prohibited “race and sex stereotyping” in their subcontracts and purchase orders.

For the full alert, visit the Faegre Drinker website.

OFCCP Publishes the 2020 Corporate Scheduling Announcement List for Upcoming Federal Contractor Audits

Applicable federal contractors should immediately review the 2020 Corporate Scheduling Announcement List (CSAL), released by the Office of Federal Contract Compliance Programs (OFCCP), to see if they have been selected for a future audit.

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Veteran Focused Reviews Are Underway: Are You Next?

On August 4, 2020, the Office of Federal Contractor Compliance Programs (OFCCP) announced via email that it has begun scheduling Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) focused reviews.

VEVRAA focused reviews are dedicated to evaluating contractor compliance with VEVRAA equal employment opportunity requirements. The OFCCP evaluates contract compliance through a variety of methods, including evaluation of:

  • Hiring and compensation related data
  • Policies and practices — including recruitment, hiring and accommodation requests
  • Onsite interviews of managers and employees

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