Yesterday’s Advisor featured BLR® Senior Legal Editor and Attorney Susan Schoenfeld’s tips for complying with the new affirmative action requirements for veterans. Today, the rest of the story, plus an introduction to the best way to find problems before the feds do—the HR audit checklist.
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Here are some of the other important changes included in the final affirmative action rule:
The incorporation of specific equal opportunity (EO) clause language in subcontracts. In order to incorporate the equal opportunity clause by reference in subcontracts, contractors must include specific language spelled out in the new regulations. This language notifies subcontractors of their responsibilities and includes a reference to “veteran status.” The reference to veteran status must also be included in the EO clause when listing vacant positions.
Use of electronic posting. When the contractor has employees who do not work at the contractor’s physical location, the OFCCP will allow a contractor to satisfy its posting obligation by posting the Equal Employment Opportunity Commission (EEOC) notice in electronic format, provided that the contractor either provides these employees with computers that can access the electronic posting or has actual knowledge that the electronically posted notice is accessible to its employees.
Compliance evaluations. The final rule cements OFCCP’s position that it may obtain information pertinent to a compliance evaluation for periods after the date of the scheduling letter. The rule states that the OFCCP may extend the temporal scope of an evaluation and examine information after the date of the compliance evaluation scheduling letter, if the OFCCP deems it necessary to carry out its investigation of potential Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) violations.
Contractors must inform the OFCCP of the format(s) in which it maintains records and other information (e.g., Word; PDF; Excel), and provide the records and information to the OFCCP in the format(s) the OFCCP selects (from the contractor’s available formats).
The OFCCP may also request that the contractor provide documents either on-site or off-site during compliance checks and that the OFCCP may conduct focused reviews both on-site and off-site.
Find problems before the feds do. HR Audit Checklists ensures that you have a chance to fix problems before government agents or employees’ attorneys get a chance. Plus get a FREE special report. Download Now.
Effective Date
The final rule becomes effective 180 days after its publication in the Federal Register, or on March 24, 2014. As of this effective date, contractors must comply with all elements of the Final Rule except for the new Affirmative Action Program (AAP) requirements in Subpart C.
What this means is that contractors with an AAP in place on the final rule’s effective date may maintain that AAP until the end of their plan year and delay their compliance with the new requirements of Subpart C until the start of their next AAP cycle.
During the remainder of the AAP cycle, contractors are nevertheless encouraged to begin updating their employment practices and IT systems to come into compliance with the revised requirements of Subpart C of the final rule as soon as possible. It is important to remember that contractors must comply with the other requirements of the final rule, in subparts A (EO clause), B (nondiscrimination), D (enforcement), and E (recordkeeping), by the effective date.
Think your managers and supervisors are confused by the FMLA? And ADA? And FLSA? And that’s just the basics—experience suggests that the ways your managers and supervisors can cause trouble are just about endless. How do you know if they are following your policies?
There’s only one way to find out what sorts of shenanigans are going on—regular audits.
The rub is that for most HR managers, it’s hard to get started auditing—Where do you begin?
BLR’s editors recommend a unique product called HR Audit Checklists®. Why are checklists so great? Because they’re completely impersonal; they force you to jump through all the necessary hoops one by one. They also ensure consistency in how operations are conducted. That’s vital in HR, where it’s all too easy to land in court if you discriminate in how you treat one employee over another.
HR Audit Checklists compels thoroughness. For example, it contains checklists both on Preventing Sexual Harassment and on Handling Sexual Harassment Complaints. You’d likely never think of all the possible trouble areas without a checklist; but with it, just scan down the list, and instantly see where you might get tripped up.
Using the “hope” system to avoid lawsuits? (As in: We “hope” we’re doing it right.) Be sure! Check out every facet of your HR program with BLR’s unique checklist-based audit program. Click here to get HR Audit Checklists + a FREE special report.
In fact, housed in the HR Audit Checklists binder are dozens of extensive lists, organized into reproducible packets, for easy distribution to line managers and supervisors. There’s a separate packet for each of the following areas:
- Staffing and training (incorporating Equal Employment Opportunity Commission rulings in recruiting and hiring, including immigration issues);
- HR administration (including communications, handbook content, and recordkeeping);
- Health and safety (including OSHA responsibilities);
- Benefits and leave (including health cost containment, COBRA, FMLA, workers’ compensation, and several areas of leave);
- Compensation (payroll and the Fair Labor Standards Act); and
- Performance and termination (appraisals, discipline, and separation).
HR Audit Checklists is available to HR Daily Advisor readers for a no-cost, no-risk evaluation in your office for up to 30 days. Visit HR Audit Checklists, and we’ll be happy to arrange it.