The OFCCP Digest Local JobNetwork The OFCCP Digest Brian Bulger, Esq. Carla Irwin, Esq. Jenny Nelson Pam Ploor, Esq.
OFCCP’s Pay Transparency Rules Contain Traps For The Unwary
by Brian Bulger, Esq.

On April 8, 2014, President Obama signed Executive Order 13665, which amended Section 202 of Executive Order 11246. Exec. Order No. 13665, 79 C.F.R. 20749 (Apr. 11, 2014). The purpose of Executive Order 13665 is to encourage greater pay transparency and openness by prohibiting federal contractors and subcontractors...more

Brian Bulger, Esq. For more than 20 years, Brian Bulger has advised and represented employers on all aspects of the employment relationship, including individual and class discrimination litigation, union avoidance, collective bargaining, wrongful...more

Construction Contractors' Compliance with OFCCP's Individuals with Disabilities and Protected Veterans Requirements
by Pamela Ploor, Esq.

A common misunderstanding among federal construction contractors is that they never have to prepare written affirmative action plans (AAPs). They often base this on their not having to prepare written AAPs for minorities and women under Executive Order 11246...more

Pamela Ploor, Esq. Pamela Ploor advises employers on the full range of labor and employment matters. Since 1993, Pam has advised federal contractors on their affirmative action obligations, represented federal contractors during audits by OFCCP, and supervised...more

DOL Passes Sweeping Changes to FLSA Exempt Salary Level
by Jenny Nelson

Unless you have been hiding under a rock, or stranded on a desert island, you have likely heard the news that the Department of Labor (DOL) recently modified the Fair Labor Standards Act (FLSA) exempt classification salary threshold from $455 per week to $917 per...more

Jenny Nelson Jenny Nelson is a Senior Compliance Analyst at Goodwill. With more than 18 years of Human Resources expertise in recruitment and compliance, Jenny manages Goodwill's Affirmative Action Program and...more

OFCCP Internet Applicant Turns 10
by Carla Irwin, Esq.

This year marks the 10th anniversary of the Office of Federal Contract Compliance Programs’ (OFCCP) Internet Applicant Rule. Hiring violations still top the charts for financial settlements; so it is worth making sure your organization understands and is implementing the rule accurately and consistently.

Here are the top three pieces of advice I give to my clients: first...more

Amy Wozniak Carla Irwin is an affirmative action consultant who specializes in affirmative action strategy, development, implementation, audit support, outreach and training. After completing law school Ms. Irwin began her...more

Ask the Experts

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 to submit a question. Questions and answers will occasionally be featured in The OFCCP Digest for the benefit of all readers.

Question: Who to include as movements in Goal Attainment?

In regards to Affirmative Action planning, who should be counted as a movement when analyzing Goal Attainment? We are currently including new hires and promotions (which we define as a job title change with a pay increase). However, should we also be including demotions and reassignments/lateral moves (job title change without a pay increase)?

Answered by Bill Osterndorf from HR Analytical Services:

Hires and promotions is the correct answer. You should not include demotions. Organizations typically do not show reassignments and lateral transfers as placements. If a reassignment or lateral move constituted some kind of positive change for an employee in terms of pay, future opportunities, and/or increased responsibilities, you might be able to consider that as a placement. However, you would potentially need to explain to OFCCP why you were counting that kind of change as a placement.

The safest and best answer is to count only hires and promotions as placements.

DOL Highlights

Department of Labor EEOC Issues Sample Notice For Employers Offering Wellness Programs

The Equal Employment Opportunity Commission (EEOC) has issued a sample notice that will help employers with wellness programs comply with their obligations under a recently issued Americans with Disabilities Act (ADA) rule. Employers who offer wellness programs and collect employee health information are required to provide this notice to employees informing them of what information will be collected, how it will be used, who will receive it, and what will be done to keep it confidential. A question-and-answer document is available here.

OFCCP Publishes 2016 VEVRAA Benchmark of 6.9 Percent

The Office of Federal Contract Compliance Programs (OFCCP) has published the 2016 Annual Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) Benchmark of 6.9 percent. Contractors who adopted the previous year’s national benchmark of 7 percent after March 4, 2016, but prior to this announcement, may keep their benchmark at 7 percent. For more information about the VEVRAA hiring benchmark, click here.

OFCCP Announces Final Rule Updating Sex Discrimination Guidelines

The Office of Federal Contract Compliance Programs (OFCCP) has announced a Final Rule that prohibits sex discrimination in employment. The Final Rule addresses a variety of sex-based barriers to equal employment and fair pay, including compensation discrimination, sexual harassment, hostile work environments, a lack of workplace accommodations for pregnant and transgender workers, and family caregiving discrimination. The effective date of the Final Rule is August 15, 2016. Learn more here.

EEOC Issues Proposed Enforcement Guidance on National Origin Discrimination

The Equal Employment Opportunity Commission (EEOC) has released a proposed enforcement guidance addressing national origin discrimination under Title VII of the Civil Rights Act of 1964. The revised guidance addresses issues including job segregation, human trafficking, and intersectional discrimination. The public is encouraged to comment. The deadline to submit feedback is July 1, 2016.

DOL’s Wage and Hour Division Issues New Overtime Rules

The Department of Labor (DOL) has announced its final changes to the overtime rules under the Fair Labor Standards Act (FLSA). These rules increase the minimum salary for "white collar" overtime exemptions to $47,476, and include an automatic update to this salary threshold every three years. The new rules take effect on December 1, 2016.

EEOC Issues Final Rules on Employer Wellness Programs

The Equal Employment Opportunity Commission (EEOC) has issued final rules regarding employer wellness programs. These rules, effective January 1, 2017, describe how Title I of the Americans with Disabilities Act (ADA) and Title II of the Genetic Information Nondiscrimination Act (GINA) apply to wellness programs offered by employers that request health information from employees and their spouses. Question-and-answer documents (ADA and GINA) are available to aid employers.

EEOC Issues Guidance on Leaves of Absence as a Reasonable Accommodation

The Equal Employment Opportunity Commission (EEOC) has issued new guidance on the use of leaves of absence as a reasonable accommodation. The guidance focuses on six issues: Equal Access to Leave Under an Employer's Leave Policy, Granting Leave as a Reasonable Accommodation, Leave and the Interactive Process, Maximum Leave Policies, Return to Work and Reasonable Accommodation, and Undue Hardship. Learn more on EEOC's website.

Read more DOL Highlights throughout the month for timely updates.

National Industry Liaison Group (NILG) Conference

The 34th annual Industry Liaison Group (ILG) National Conference, “Soaring to New Heights in Compliance,” will be held at the Charlotte Convention Center in Charlotte, North Carolina on August 2 – 5, 2016. The conference agenda will include updates on Section 503 and VEVRAA, fair pay and safe workplace reporting, sex discrimination guidelines, new FMLA rules, and much more. Click here to view a full agenda for the event.

OFCCP Compliance Webinar

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The OFCCP Digest is a complimentary resource featuring affirmative action, equal employment opportunity, and government compliance topics. Previous editions are available for easy reference on The OFCCP Digest Archives page. To subscribe or to provide feedback, email

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.