Thursday, May 26, 2011

Good News From The Labor Market

It seems that much of the news coming out of the DOL is about negative things happening in our economy or associated with certain employers and industries so it was nice to see SECRETARY HILDA SOLIS from the Department of Labor post a positive message about growth and hiring in the automotive industry. Does this mean that the Federal investment into the big car makers was a good idea? Maybe it was. See link and announcement below.

http://social.dol.gov/blog/continuing-signs-of-strength-for-america%E2%80%99s-auto-industry/

Continuing Signs of Strength for America’s Auto Industry
by SECRETARY HILDA SOLIS on MAY 25, 2011

After years of uncertainty, the past few weeks have held positive news for the American automotive industry. All three American automotive manufacturers are operating at a profit. Recently, GM announced it would be investing $2 billion in 17 facilities nationwide, adding jobs and increasing security in these affected communities. And just yesterday, Chrysler announced it would be repaying $5.8 billion to the U.S. Department of the Treasury.

The latest announcement from Chrysler comes six years ahead of schedule and just two years after emerging from bankruptcy. It marks a significant milestone for the turnaround of not just the company, but also the countless communities and families who rely on the American auto industry.

Supporting the American auto industry required making some tough decisions, but President Obama was not willing to walk away from the workers at Chrysler and the communities that rely on this iconic American company. The President called on Chrysler to take difficult steps necessary to become more competitive, and in return pledged that America would stand by them. They stayed true to their word, and so did the President.

While there is more work to be done, we’re starting to see stronger sales, plants adding shifts to keep up with rising demand, and workers being recalled in communities across the country. These signs of strength are a testament to the work of this administration and to the resolve and determination of American workers.

As co-chair of the White House Council on Automotive Communities and Workers, I am proud of the commitments this administration made to the automotive industry. American automotive manufacturers and the communities they call home are integral to the American way of life. Chrysler repaying their debt to the American taxpayers proves that our faith in this industry, these communities, and these workers was a worthwhile investment.

Monday, May 16, 2011

OFCCP Proposes Changes to Desk Audits

In the May 12th edition of the Federal Register, the OFCCP posted notice of proposed changes in the Itemized Listing contained within the Desk Audit letter. The OFCCP is seeking to expand the data collection requirements. The public comment period runs through July 11th.

See summary of changes below with a link to the government page.

Supporting Documentation:
http://www.regulations.gov/#!documentDetail;D=OFCCP-2011-0003-0006

OFCCP has revised the Scheduling Letter and its Itemized Listing. These revisions will reduce overall burden hours on contractors and enhance OFCCP’s desk audit and data analysis abilities. The revisions in the body of the Scheduling Letter were made for clarity and do not affect overall burden hours. The changes to the Itemized listing are the following:

1. A new item 8: submission of employment policies covering the Family and Medical Leave Act (FMLA), pregnancy leave, and accommodations for religious observances and practices. Receipt of these policies would assist OFCCP in better determining the existence of sex or religious discrimination indicators within contractor organizations. Additionally, the policy requirements would enhance OFCCP’s broad authority under Executive Order 11246 to prohibit sex and religious discrimination in employment and its share enforcement responsibilities with the EEOC under Title VII. Burden hours for FMLA and pregnancy leave are covered under OMB Control Number: 1235-0003, the Department of Labor’s Wage and Hour Division. OFCCP estimates that 1% of contractors will have no religious accommodation policy in place. For those 1% of contractors we estimate 2 hours to prepare a religious accommodation policy, or .02 hours overall increase per contractor.

2. Changes to new item 9 (current item 8) –- OFCCP further defined “other information” in contractor collective bargaining agreements to clarify for contractors the specific information requested during compliance evaluations. No change in burden hours for this item.

3. Changes to new item 10 (current item 9) –- AAP reporting requirements changed from preceding year to immediate preceding year to clarify specific AAP reporting timelines for contractors. No change in burden hours for this item.

4. Changes to new item 11 (current item 10) -– OFCCP included more specific demographic information related to Applicants, Hires, Promotions, and Terminations to eliminate ambiguous minority and non-minority terminology. In addition, contractors would now be required to submit data by job group and job title, instead of job group or job title in the current Scheduling Letter. This revised submission would result in OFCCP obtaining more accurate reporting data for its analyses related to identifying sex and race discrimination indicators. Given the widespread use of computer technology for Human Resources data entry and management, we estimate 1 hour increased burden per contractor.

5. Changes to new item 12 (current item 11) -– The changes would require a contractor to submit more precise data for OFCCP’s compensation analysis. The more precise data is individual employee data rather than the aggregate data requested in the current Scheduling Letter. A submission of the data would allow OFCCP to perform specific analyses, and pinpoint possible discrimination based on race or sex. We will no longer ask for aggregate compensation data, which required contractors to summarize the data themselves, thereby increasing their burden. In addition, the aggregate data was less effective in allowing OFCCP to analyze compensation. The Compensation Questionnaire indicated that contractors spend an average of 5.23 hours to submit compensation data, and an average of 1.87 hours to submit additional compensation data (after the initial request and prior to an onsite review). The new compensation submission replaces the initial request with the follow up request, meaning that a contractor’s burden would decrease on average to 3.36 hours (5.23 - 1.87 = 3.36).

6. New item 13 -- A copy of the Veterans’ Employment Report VETS-100 and/or VETS-100A for the last three years. These documents are required reporting for federal contractors and include information on their hiring on disabled and other protected veterans under VEVRAA. This information supports OFCCP’s efforts to prohibit discrimination based on an individual’s status as a protected veteran. The burden for complying with the VETS-100/100A reports is covered under OMB Control Number 1293-0005 under the Department of Labor’s Veterans’ Employment Training Service. Therefore, there is no increased burden for this item.

Wednesday, May 11, 2011

OFCCP Invites You to Their "Active Case Enforcement Procedures" Webinar

Webinar Title: Active Case Enforcement Procedures
Date: Tuesday, May 17, 2011
Time: 2:00 PM - 3:30 PM EDT

OFCCP invites you to learn more about the Active Case Enforcement Procedures (ACE) it is now using to conduct compliance evaluations. First implemented in January 2011, ACE replaces the Active Case Management (ACM) protocol, and features full desk audits, increased onsite evaluations, focused evaluations, and full reviews.

During this webinar Kelley Smith and Margaret Kraak of OFCCP’s Policy Division will explain what contractors can expect when scheduled for a Supply & Service compliance evaluation using ACE procedures, including a discussion of key terms and how ACE procedures differ from ACM. We hope you will be able to join us, and encourage you to submit any questions you have about ACE on your registration form.

Register for OFCCP Active Case Enforcement webinar here.

Space is limited.
Reserve your Webinar seat now at:
https://www1.gotomeeting.com/register/803477832

OFCCP Providing New Webinar on Enforcement Procedures

On Wednesday, May 11th, the OFCCP posted a new webinar to review the change in their enforcement procedures. Initially posted in December, 2010, the OFCCP sent out a directive regarding the conversion from the more restrictive Active Case Management format that focused on systemic issues to the new Active Case Enforcement directive that returns to the classical enforcement format of a full desk review for every audit. The webinar is expected to provide useful insight into the current OFCCP audit strategies.

OFCCP Invites You to Their "Active Case Enforcement Procedures" Webinar

Date: Tuesday, May 17, 2011
Time: 2:00 PM - 3:30 PM EDT

OFCCP invites you to learn more about the Active Case Enforcement Procedures (ACE) it is now using to conduct compliance evaluations. First implemented in January 2011, ACE replaces the Active Case Management (ACM) protocol, and features full desk audits, increased onsite evaluations, focused evaluations, and full reviews.

During this webinar Kelley Smith and Margaret Kraak of OFCCP’s Policy Division will explain what contractors can expect when scheduled for a Supply & Service compliance evaluation using ACE procedures, including a discussion of key terms and how ACE procedures differ from ACM. We hope you will be able to join us, and encourage you to submit any questions you have about ACE on your registration form.

Register for OFCCP Active Case Management webinar.

Space is limited.
Reserve your webinar seat now at:
https://www1.gotomeeting.com/register/803477832

Monday, May 2, 2011

OFCCP Compliance and AAP How-To Webinars Just Listed on BCGi

New BCG Institute for Workforce Development (BCGi) webinars listed:

1. Review of NPRM: New VEVRAA Regulations (May 17; FREE)
2. AAP 101: Affirmative Action Plan Methodology - Part I (June 16)
3. AAP 101: Affirmative Action Plan Methodology - Part II (June 23)
4. AAP 101: AutoAAP Software Training (June 30)

Check out http://www.BCGInstitute.org/?page=training for registration information and additional EEO training webinars.