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Compliance Survival Tool Kit


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If you do business with the United States Government as a contractor or a subcontractor, you may have reporting requirements you aren't aware of until a notice of audit shows up on your desk. As a small business, there are also a number of Equal Employment Opportunity regulations and report filings that you have to do once you reach certain employee count thresholds. This session will give you the basics of Equal Employment Opportunity (EEO) and Office of Federal Contract Compliance Program (OFCCP) reporting requirements.

Published in: Government & Nonprofit
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Compliance Survival Tool Kit

  1. 1. Compliance Survival Tool Kit Terri Swain March 2015
  2. 2. What you don’t know CAN hurt you…. Regulatory climate:  Changing Fast  Aggressive  “I didn’t know” not a valid defense
  3. 3. All employers – regardless of size Fair Labor Standards Act • Regulates Federal Minimum Wage - $7.25 • Be aware of City/State Minimum Wage • Direct Federal contracts entered into post 1/15 - $10.10 • Requires the payment of overtime to non-exempt employees • Requires posting of the minimum wage • Enforcement: Department of Labor’s Wage and Hour Division/State agencies • Penalties: Back Pay, interest
  4. 4. All Employers Immigration and Reform Control Act (IRCA) • I-9 Filled out for all employees within first 3 days of employment • E-Verify utilized if federal contractor or in certain states • Enforcement: Department of Homeland’s Immigration and Customs Enforcement (ICE) • Penalties: Substantial fines for incorrect paperwork and hiring undocumented workers
  5. 5. 11 or More Employees • Occupational Safety and Health (OSHA) • Keep records of injuries/illnesses • Meet OSHA standards • Post OSHA required poster • Fill out form 300 and submit annually to Bureau of Labor Statistics • Enforcement: Department of Labor OSHA • Penalties: Fines
  6. 6. 15 or more employees Title VII of the Civil Rights Act as amended • Prohibits Discrimination due to race, color, sex, national origin and religion • Sex includes pregnancy and sexual harassment The Genetic Information Non-Discrimination Act (GINA) • Non discrimination based on genetic information Americans with Disabilities Act (ADAAA) • Non discrimination based on disability • Requires reasonable accommodations Enforcement: The United States Equal Employment Opportunity Commission (EEOC) and various state agencies • Requires postings • Individuals file charges within 180/300 days or Commissioner’s charges • Penalties: Back pay, civil penalties
  7. 7. 20 or more Employees The Age Discrimination in Employment Act • Protects workers 40 and older • Enforced by EEOC Consolidated Omnibus Budget Reconciliation Act (COBRA) • Ability to continue on a health plan if there is a loss of group health benefits • Requires notices to terminated employees • Enforced by Department of Labor Older Workers Benefit Protection Act (OWBPA) • Notice required if an employee is to waive his/her rights under the ADEA • Enforced by EEOC
  8. 8. 50 or more employees Family and Medical Leave Act (FMLA) • Up to 12 weeks of unpaid FMLA leave for eligible employees • Military Caregiver Leave • Posting notices • Record keeping requirements • Enforcement: US Department of Labor and Various State Agencies • Penalties: Back pay, fines
  9. 9. 50+ with a Federal Contract/Subcontract • Affirmative Action Regulations – Executive Order 11246, Section 503, VEVRAA • If the contract is $50K or more or the subcontract is $10K or more • How do you know if you are covered? • Contractual • Audit Letter shows up on your desk
  10. 10. Affirmative Action Requirements • Annual written plan • Extensive record keeping • Current employees • Employment Activity: hires, promotions, terminations • Applicant tracking and reporting • Compensation equity • Demonstrated outreach • Minorities • Females • Veterans • Disabled • Posting compliance and notices • See checklist
  11. 11. Affirmative Action Enforcement • US Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) • Some states and municipalities • State of Minnesota – requirements greater than Federal • Penalties: Process change, back pay
  12. 12. OFCCP’s VEVRAA and SECTION 503 regulations March 2014 • Worthy objective: employing protected Veterans and individuals with disabilities • MORE HR paperwork!! • ADA conflict?
  13. 13. The Paperwork: Updated Requirements Collection of Veterans/Disability Status • Applicant • Post Hire • Employee Survey Forms Matter • IWD Kept Separately • Electronic OK Retention • 3 years
  14. 14. Employers with 100 or more employees EEO-1 filing • Governmental Entities file an EEO-4 • Schools file an EEO-5 • Enforced by EEOC • Fines for non filing • Workers Adjustment and Retraining Notification Act (WARN)/Plant Closing Law • Requires 60 day notice when there is a plant closing or significant layoff • Enforced by US Department of Labor
  15. 15. Government Reporting: Veterans Requires Survey of Existing Employees for employers with $100,000 + in federal contracts regardless of employee size VETS 100 filing is gone VETS 100A going away in 2015 NEW: VETS 4212 in 2015 • Reporting of PROTECTED Veterans only – existing and hired • Forms can be changed to Yes/No pre and post hire
  16. 16. Coming Attractions Sexual orientation/gender identity statuses • Recognition that transgender and gender identity issues are a form of sex discrimination – EEOC and OFCCP • Gender identity April 2015 add to policy statements Pay equity surveys – 2016 ? Pay Transparency - 2015 for federal contractors Identification of violations in the bidding process • “Blacklisting” of contractors Ban the box in pre-employment
  17. 17. Have Additional Questions? 817-887-8009