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Federal Contractors: Beware of OFCCP鈥檚 New Compensation Audit Procedures

On Feb. 26, the U.S. Department of Labor鈥檚 Office of Federal Contract Compliance Programs (OFCCP) that effective Feb. 28, 2013, there are significant changes in how the OFCCP addresses compensation in compliance audits and enforcement proceedings.听 These changes effectively open virtually every federal contractor鈥檚 actions, policies and practices that affect compensation to scrutiny, review and possible challenge by OFCCP. The announced changes include the following:
  1. OFCCP will formally rescind the 鈥淰oluntary Guidelines鈥 and 鈥淐ompensation Standards鈥 issued by OFCCP in 2006. 听OFCCP has criticized these documents as improperly limiting OFCCP鈥檚 ability to conduct full investigations of compensation matters; and
  2. The OFCCP has issued new guidance, effective on Feb. 28, 2013, specifying the procedures that OFCCP鈥檚 investigators will follow to review federal contractors鈥 systems and practices for paying workers.听 The guidance is included in the newly-issued .
This marks a significant change and expansion in OFCCP鈥檚 approach to compensation.听 As a result, federal contractors can expect a much more intensive review of all systems and practices relating to compensation during OFCCP audits that commence on and after Feb. 28.听 Federal contractors should undertake immediate steps to ensure that they fully understand the breadth and scope of these new changes, and to assess the possible impact on their organization. Editor's note:听 This article was provided by the law firm of . FortneyScott is a Washington, D.C.-based law firm counseling and advising clients on the full spectrum of workplace-related matters.听 FortneyScott is a frequent speaker and sponsor of 麻豆视频 training events for HR professionals in the construction industry.