Government Contractor Update – November Was a Busy Month!

 In

This month, there were a number of actions of more or less interest for government contractors. These include the following:

  • Executive Order for Successor Contractors. President Trump issued an “Executive Order on Improving Federal Contractor Operations by Revoking Executive Order 131495.” This revokes an EO issued by President Obama that had required federal contractors taking over a federal contract to offer a right of first refusal of employment to their predecessor’s employees under certain circumstances.
  • CSAL List for VEVRAA Focused Reviews. The Office of Federal Contract Compliance Programs announced a supplement to its Corporate Scheduling Announcement List (CSAL), listing those contractors who will be subject to a VEVRAA Focused Review. The supplemental list is available on its website. For contractors on the list, the OFCCP will begin sending out individual letters of the actual reviews in about 45 days. Once a contractor receives a letter, it will have 30 days in which to provide the requested information, which will be extensive. In connection with this announcement, the OFCCP has also created a new VEVRAA Focused Reviews landing page to provide compliance assistance resources. We recommend that those on the list take steps now to ensure that they are ready to submit the required information and that they have taken other appropriate actions to demonstrate compliance with the relevant requirements.
  • Commitment to Disability Inclusion in the Workplace. The OFCCP also announced that a focus of its enforcement activities will be disability inclusion under Section 503 of the Rehabilitation Act. Earlier this year, the OFCCP commenced Section 503 Focused Reviews, and it has now implemented a Section 503 Focused Reviews landing page with compliance resources for government contractors.
  • Construction Technical Assistance Guide. The OFCCP continues to issue technical assistance guides for various categories of government contractors. This latest one covers construction contractors. This, as well as the other guides, are available on the OFCCP website. This TAG provides: an overview of the equal employment opportunity obligations for construction contractors; the steps for effectively implementing the Standard Federal EEO Construction Contract Specifications; and what to expect during an OFCCP compliance evaluation.
  • OFCCP Directive on Spouses of Military Veterans. This directive provides guidance to OFCCP staff and contractors on its enforcement efforts to ensure non-discrimination against spouses of protected veterans.
  • Opinion Letters. The DOL released two opinion letters related to veterans transitioning to the workforce.
    • FLSA2019-4: The DOL’s Wage and Hour Division found that active duty servicemembers participating in the U.S. Department of Defense’s SkillBridge job training program, which offers on the job training at participating private businesses during the servicemembers’ last 6 months of service, are not covered by the Fair Labor Standards Act, the Davis-Bacon Act, the Service Contract Act, and the Contract Work Hours and Safety Standards Act.
    • OFCCP2020-2: The OFCCP stated that businesses participating in the SkillBridge program are not considered federal contractors.