On September 29, 2011, the Office of Federal Contract Compliance Programs (“OFCCP”) published a Notice that it was submitting a revised scheduling letter and itemized listing to the Office of Management and Budget (“OMB”) for approval. In May of this year, OFCCP sought OMB’s approval and public comment on a proposed new scheduling letter and itemized listing.
As we previously reported, the May 12th version of the scheduling letter and itemized listing would be a significant departure from the current scheduling letter by requiring contractors to:
- Submit the contractor’s entire employee handbook if it contains policies related to the Family and Medical Leave Act (“FMLA”), pregnancy leave, and accommodations for religious observances;
- Require contractors to provide personnel activity analyses for each minority group (i.e., African-American/Black, Asian/Pacific Islander, etc.) rather than as a total for all minorities;
- Require personnel activity analyses to be reported both by job group and job title;
- Submit compensation information for all employees, including contract and per diem employees;
- Report all forms of compensation, including bonuses, incentives, commissions, merit increases, and overtime;
- Provide documentation and policies relating to the contractor’s compensation practices;
- Report compensation data by job title, EEO-1 category, and job group as it existed on February 1st of each year; and
- Provide a copy of the contractor’s VETS-100 and/or VETS-100A report for the last three years.
After receiving numerous comments from the contractor community discussing how these changes would drastically increase the administrative burden associated with recordkeeping and preparation of affirmative action plans, the OFCCP only made minor modifications to the May 12th proposed scheduling letter and itemized listing. In the version of the scheduling letter and itemized listing that was published on September 29, the OFCCP made the following slight modifications:
- Require contractors to submit individual policies on FMLA, pregnancy leave, and accommodations for religious observances with the cover of the employee handbook and table of contents (rather than the entire handbook); and
- Require submission of VETS-100/100A reports for the current and preceding year (rather than the last three years).
OFCCP is allowing interested parties a 30-day comment period on the latest version of the scheduling letter and itemized listing. Given the enormous administrative burden that contractors will experience should these be approved in their current form, contactors are encouraged to submit comments to:
The Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for the Department of Labor, Office of Federal Contract Compliance Programs (OFCCP), Office of Management and Budget, Room 10235, Washington, DC 20503, Telephone: 202–395–6929/Fax: 202–395–6881 (these are not toll-free numbers), e-mail: OIRA_submission@omb.eop.gov.
Although the current scheduling letter and itemized listing expired on September 30, 2011, the OFCCP will continue to use it until the proposed versions are approved.