From Hollywood to Congress, the news media to the #MeToo movement on social media, 2017 was the year that women and men from many walks of life stepped forward to reveal stories of sexual harassment...more
On September 15, 2017, the U.S. Department of Labor (DOL) announced an increase in the minimum wage rate to be paid to workers performing on or in connection with federal contracts covered by Executive Order 13658, "Establishing a Minimum Wage for Contractors."...more
As we move into a new year, our tendency is to think about new projects and new possibilities. But the new year is also a good time to consider some of the things we should have been doing during the last year that have fallen off our radar screens. This article will cover some of these things...more
Happy New Year! It’s time for that annual ritual of making New Year’s resolutions – both personal and professional. I won’t presume to suggest what your personal resolutions should be, but I offer the following New Year’s resolutions for a successful year in your profession...more
Every day, millions of Americans grow up, go to school, get a degree, get a job, start a career, and start a family. They set goals to reach new levels of success for themselves and their family members. Think for a moment about how many such people are graduating from colleges...more
Ask the Experts is an online forum where federal contractors and subcontractors are invited to submit questions to industry experts related to OFCCP compliance, affirmative action planning, and equal employment opportunity. Simply register your company on LocalJobNetwork.com to submit a question. Questions and answers will occasionally be featured in The OFCCP Digest for the benefit of all readers.
Question: Federal Contractor and Temp Agency Relationships
In contracting with a temp agency, what are a federal contractor’s responsibilities in relation to OFCCP?
The regulations specifically address this very common concern. In short, the temp agency is like an extension of the company for compliance purposes. Using a third party staffing agency does not exempt a company from the regulations enforced by OFCCP (Sec. 60-3.10). Thus, all the requirements under the regulations still apply, such as posting, listing, outreach, compliant selection procedures, and adverse impact analyses. The text of the regulation is below.
Sec. 60-3.10 Employment agencies and employment services.
A. Where selection procedures are devised by agency. An employment agency, including private employment agencies and State employment agencies, which agrees to a request by an employer or labor organization to devise and utilize a selection procedure should follow the standards in these guidelines for determining adverse impact. If adverse impact exists the agency should comply with these guidelines. An employment agency is not relieved of its obligation herein because the user did not request such validation or has requested the use of some lesser standard of validation than is provided in these guidelines. The use of an employment agency does not relieve an employer or labor organization or other user of its responsibilities under Federal law to provide equal employment opportunity or its obligations as a user under these guidelines.
B. Where selection procedures are devised elsewhere. Where an employment agency or service is requested to administer a selection procedure which has been devised elsewhere and to make referrals pursuant to the results, the employment agency or service should maintain and have available evidence of the impact of the selection and referral procedures which it administers. If adverse impact results the agency or service should comply with these guidelines. If the agency or service seeks to comply with these guidelines by reliance upon validity studies or other data in the possession of the employer, it should obtain and have available such information.
DOL to Use New Standards for Internships Under FLSA
In a recent statement, the U.S. Department of Labor (DOL) endorsed a new "primary beneficiary" test to determine if interns qualify as employees under the Fair Labor Standards Act (FLSA). The primary beneficiary test was introduced by the Second Circuit in Glatt v. Fox Searchlight Pictures, Inc. and replaces the "six-factor" test that had been used since 2010. These new standards are designed to offer flexibility on an individual basis to conclude if an intern or student is entitled to minimum wages and overtime pay under the FLSA.
Ondray Harris Named New OFCCP Director
The U.S. The Department of Labor (DOL) announced the appointment of Ondray T. Harris as the new Director of OFCCP as of December 10, 2017. Harris is a former deputy chief of employment litigation for the Department of Justice (DOJ) and joined the Labor Department early in 2017 as a senior advisor in the Employment and Training Administration. Harris has practiced law on management-side labor, as well as serving in cases on behalf of military and federal government officials.
Read more DOL Highlights throughout the month for timely updates.
The opinions expressed in this newsletter are the opinions of the individual author(s) and do not necessarily reflect the opinions of the Local JobNetwork™. The information appearing in this newsletter is meant to provide the reader with a general understanding of topics relating to OFCCP compliance requirements and is not legal advice. If you are seeking legal advice to address OFCCP compliance issues or requirements, you should consult an attorney. The Local JobNetwork™ expressly disclaims all liability with respect to actions taken or not taken based on any or all of the contents of this newsletter.