Hunton Employment & Labor Perspectives

On August 25, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) announced an updated Scheduling Letter and Itemized Listing that places a more onerous information disclosure burden on federal contractors in responding to a Supply and Service compliance audit. In particular the updated Scheduling Letter, OMB No. 1250-0003, now requires federal contractors to produce more documentation for a variety of Items and increases both the scope and breadth of requested compensation data.

As we blogged about earlier this year, a U.S. District Court in Washington, D.C., in April ordered the EEOC to collect two years’ worth of EEO-1 Component 2 pay data from mid-size and large employers by a deadline of September 30, 2019.  In its most recent status report on the subject, however, the agency revealed it did not collect enough data to satisfy the judge’s response criteria, having received submissions from only 39.7% of eligible employers.  Perhaps unfortunately for employers, the EEOC said it will continue accepting compensation data for reporting years 2017 and 2018 until it satisfies the court’s criteria that Component 2 data “be equal to or exceed the mean percentage of EEO-1 reporters” that turned in EEO-1s in each of the past four years.  On its official website, the EEOC encourage all employers to “submit their data as soon as possible.”