What's New?

The Office of Federal Contract Compliance Programs (OFCCP) has published its latest recommendations for federal contractors in the area of disability employment. Part of the huge new regulation will be accomplishment of a 7 percent disability representation in employee group. Comments are due by February 7, 2012.

You can get a copy of the proposal at OFCCP Proposal in Federal Register.

If you would like to see our January 17, 2012 comments to the OFCCP regarding these proposed regulations, CLICK HERE. (54 KB PDF file)

The Management Advantage, Inc. has submitted a response to the Office of Management and Budget's (OMB) call for comments on OFCCP's request for approval of an altered Scheduling Letter and attached Itemized Listing of data requirements. We oppose the Office of Federal Contract Compliance Programs' (OFCCP) attempt to collect new data files from federal contractors as part of the desk audit phase of a Compliance Evaluation.

You can get a copy of our comments HERE.

The Department of Labor has announced it is experiencing "technical problems" related to its system used in collecting VETS-100 and VETS-100A report data. "Contractors will have up to 60 days from the time the system is operational to submit their report which is expect to begin on November 1, 2011 and end December 30, 2011."

Click here for the latest information from DOL.

The U.S. Bureau of the Census has posted information on its web site that says its new compilation of the Special EEO File used for affirmative action computations will be released in Fall of 2012. It will contain the data collected in Census 2010. Geographic entities in the file will include U.S. Total, States, Counties and Core Based Statistical Areas (CBSA) a new name for what is now known as Metropolitan Statistical Area (MSA). The list of 535 civilian occupational categories that will be reported for each geographical area can be found at 2010 Census Occupation Codes.

On November 9, 2010, BambooHR became the latest partner with HR Web Store. "This in another wonderful addition of offerings to our customers," said Bill Truesdell, SPHR about the HR Web Store. "This is the first Internet-based Software-as-a-Service (SaaS) that we have felt met our standards of quality, reliability and affordability." It is ideal for smaller employers with less than 1,000 employee records. Plans start at only $79.00 per month. Click here to see this great new employer tool.

On October 18, 2010, an Administrative Law Judge (ALJ) issued a ruling on OFCCP vs. Florida Hospital of Orlando. In summary, it says the hospital is subject to OFCCP jurisdiction because a Tricare contract to provide medical services to active and retired military personnel and their families constitutes a qualifying contract. If you are an acute care hospital, talk with your legal advisors about your status if you find you also have a contract for Tricare services. Should you discover that you need to implement federally compliant affirmative action plans, give us a call because we can help you meet those federal obligations.Click Here for the PDF Decision Report

On November 19, 2009, The U.S. Department of Defense (DOD) published final regulations giving whistleblower protections to employees of federal contractors. As of that date, DOD contractor employees are protected if they disclose to Government officials information regarding waste or mismanagement, danger to public health or safety, or violation of law related to a DOD contract.

DOD Contractor Whistleblower Rule
(PDF File, 40KB)

On June 29, 2009, the U.S. Supreme Court issued its ruling on the Ricci v. DeStefano (City of New Haven). It said, among other things that employment testing results must be used if they are shown to be valid according to the Uniform Guidelines on Employee Selection Procedures.

Ricci v. DeStefano (City of New Haven)
(PDF File, 59KB)

On April 30, 2009, the U.S. Department of Homeland Security's Customs and Immigration Service (USCIS) issued notice that it has turned its focus on immigration enforcement toward employers who are knowingly violating the law.

Following an Immigrations and Customs Enforcement (ICE) investigation, on May 6, 2009, the owner of a Chinese restaurant in DePere, Wisconsin was sentenced in federal court to 15 months in prison for harboring illegal aliens to work at his restaurant. He was also ordered to forfeit the residence he used to harbor the illegal workers. (www.ice.gov/pi/nr/0905/090506greenbay.htm)

For a copy of the Fact Sheet go to ICE Fact Sheet on Worksite Enforcement Strategy.

On December 18, 2008, the U.S. Department of Labor released the updated poster content for the Family and Medical Leave Act (FMLA) changes implemented in 2007 legislation. It is mandatory to post as of January 16, 2009, along with all other federal poster and notice requirements. You can order an updated All-On-One poster for your state by going to Compliance Posters. Our All-On-One posters contain both federal and state poster requirements for your state and are laminated with plastic to protect the documents and make the display look more professional.

If you simply wish to print a copy of the new poster and put it on the wall next to the other required materials, you can download a copy by clicking here. You will receive a PDF file 42.25 KB in size.

On December 24, 2007, a new regulation became effective that touches all federal contractors. The new rule applies to all federal agency contracts other than what the government considers "commercial contracts." It requires all contractors to have and maintain a Code of Business Ethics and Conduct.

Contractors that have contracts valued at $5,000,000 or more which are expected to last 120 days or longer are required to prepare their Code of Business Ethics and Conduct in writing and to meet other requirements.

If the government agency has its own Fraud Hotline poster, the contractor must post that document at each work location. If the agency doesn't have its own specific Fraud Hotline poster, the contractor must post the generic poster published by the Office of the Inspector General (OIG).

Click here for a copy of the regulation. (PDF file, 85.8 KB)

On October 9, 2007, California Governor Arnold Schwarzenneger signed AB 392. Because it was designated an emergency measure, its requirements become effective immediately.

If you are an employer with 25 or more workers, you must allow an employee who is a spouse of a member of the Armed Forces, National Guard, or Reserves to take up to 10 days of unpaid leave during a "qualified leave period" when the employee's spouse is home on leave.

The state legislature approved the new requirements to support "the families of those troops currently serving in military conflicts in Iraq and Afghanistan."

For a copy of the new AB 392 law in PDF format Click Here (71.60 KB, 2 pages, PDF format)