Due to high demand for more information into the industry trends of the topics of Human Resources, Labor Relations, Department of Labor regulations and compliance expectations, America’s Job Exchange has gone monthly with its educational webinars.
This September we chose to tackle OFCCP audits. We know they exist. We assist our customers through them weekly… but how is one organization selected over another? What takes place during these investigations? Is there any way to prepare, ahead of time, for an audit? If you have visions of a meltdown dancing in your head, knee-deep in a pile of paperwork…we can save yourself the rise in blood pressure. We teamed up with our trusted partners at Portnoy, Messinger, Pearl & Associates (PMP). They are based in New York and have been committed to providing full-service, strategic guidance on all facets of employer/employee relationships and providing guidance through the numerous laws and regulations that pertain to labor relations and human resource. Continue reading →
In 1963, President Kennedy signed the Equal Pay Act, when women were being paid 59 cents for every dollar paid to men, making it illegal for employers to pay lower wages to women doing substantially the same work as their male counterparts. Following year, Title VII of the Civil Rights Act of 1964 was enacted, making it illegal to discriminate, including in compensation, on the basis of sex, race, color, religion and national origin. In 2009, President Obama signed the Lilly Led better Fair Pay Act as a concrete step to bridge the equal pay gap. Obama also increased the OFCCP’s budget by 10% and the Equal Opportunity Commission’s budget by 5% as well as continuing to support The Paycheck Fairness Act, which he cosponsored in the Senate.
But even today, 50 years after the Equal Pay Act became a law, women are paid 77 cents for every dollar paid to men. Lacking congressional support to raise wages to end gender pay disparities, President Obama is imposing his policies on federal contractors. He will sign an executive order Tuesday, barring federal contractors from retaliating against employees who discuss their pay with each other. The order is similar to language in a Senate bill aimed at closing a pay gap between men and women. Continue reading →
In less than 90 days, on March 24, the new regulations to improve hiring and employment of veterans and individuals with disabilities (IWD) go into effect. These final two rules announced on August 27, 2013 represent major step forward for the affirmative action agenda of the OFCCP leadership that has been active and engaged since the first term of the current administration. According to Patricia Shiu, the Director of the OFCCP these revised rules represent “…an important step toward reducing barriers to real opportunities for veterans and individuals with disabilities”. The new regulations strengthen the existing mandates requiring federal contractors and subcontractors to affirmatively recruit, hire, train and promote qualified veterans and individuals with disability. The new regulations require contractors to set a goal for recruitment and employment from the above two groups, and annually measure progress through quantifiable metrics. They also establish stringent recordkeeping requirements, and provide clear guidelines for mandatory job listing for protected veterans at the state Employment Service Delivery Systems (ESDS). Continue reading →
The new regulations governing the VEVRAAand Section 503 of The Rehabilitation Act, passed by the Department of Labor OFCCP office, are game changers. There is much confusion and many unanswered questions among federal contractors. How does one survive an OFCCP audit in the light of such stringent and sometimes conflicting requirements? To decode and demystify the new rules, Matthew J. Camardella Esq. of Jackson Lewis was at the inaugural compliance conference, hosted by America’s Job Exchange (AJE) in September, to shed some much needed light on the matter. Continue reading →
Actionable Tips to Meet New Record Keeping and Metrics Mandates by the OFCCP
The Federal Register has updated two new rules very recently. One governs regulations for hiring protected veterans (VEVRAA), and another governs the regulations for hiring candidates with disabilities, namely Section 503 of The Rehabilitation Act. Both rules go in effect March 24, 2014. These regulations have raised the bar for record keeping and heightened the enforcement of current regulations. These regulations are fairly complex and the requirements are not completely black and white. Naturally, federal contractors and sub contractors have many unanswered questions. Recently, on October 3, 2013, AJE President Rathin Sinha along with Julia Mendez of Poplefluent , conducted a webcast in an effort to make these new regulations and the intricacies of record keeping and analysis more lucid and accessible. Continue reading →