OFCCP Director Yang to HRPA: OFCCP “Does Not Require Race-Based Decision Making” in Hiring

DOL Principal Deputy Administrator Jessica Looman and OFCCP Director Jenny Yang joined the Association’s Future Workplace Policy Council in a webinar to discuss DOL priority areas and new developments.

Director Yang suggested changes to the scheduling letter would be “more efficient” for both government and private sector entities, despite an estimate by DOL itself that the move would increase paperwork burdens by at least 40%. You can read more about the proposal here.

Training challenges: Having recently brought on around 100 new staffers, Director Yang said training will be a priority for OFCCP going forward. However, as Mr. Fortney noted, a lack of experience among OFCCP compliance officers may prove challenging for employers. 

Self pay equity analysis encouraged: Director Yang urged that conducting annual self-analysis of pay data is a useful tool toward identifying pay data issues early, and noted that OFCCP will “respect attorney-client privilege where it applies.” 

Principle Deputy Administrator Looman noted analysis is still underway for upcoming proposed changes to DOL’s overtime threshold rule. 

DOL Wage and Hour enforcement priorities include overtime violations, retaliation against workers who have exercised their rights, and child labor violations, Ms. Looman reported. 

HR Policy Members respond: In the response segment led by Mr. Wilson, Ms. Richardson noted the substantial increase in paperwork the proposed scheduling letter changes would entail. Mr. Fortney addressed the claim by Director Yang that the proposed changes would create efficiency for all stakeholders. He stated that only 0.5 to 1.0% of audits go beyond the current first round of inquiry, a notable number as the proposed changes would require employers furnish information typically required in the relatively rare instances that the Commission determines a follow-up is required. 

Concerns over whole of government approach: Mr. Harrisingh observed that the cross-agency cooperation in certain areas raises serious concerns over enforcement, particularly the possibility of facing several enforcement actions for the same potential violations. 

Join us January 11 at 12:00 PM ET for Examining NLRB Decisions and the Implications for Employers, the final webinar in our FWPC Year-End Series that will feature NLRB Members Gwynne Wilcox, Marvin Kaplan, and John Ring, whose term on the Board ends next week.