The US Department of Labor Office of Federal Contract Compliance Programs (OFCCP) review will involve a compliance check to determine whether contractors have maintained records consistent with Executive Order 11246, Section 503 of the Rehabilitation Act, and the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). The check includes a review of the affirmative action program (AAP) results under each of these laws, in addition to job advertisements and examples of reasonable accommodations for persons with disabilities.
While most of these audits generally are approved by the OFCCP, the OFCCP occasionally issues a Notice of Violation that includes substantial differences by age, gender, ethnicity, national origin, and disability in hiring or compensation that require additional analysis. When OFFCP audits reach this phase, an organization’s outside counsel may need an expert witness to examine the data, conduct alternative shortfall and/or pay analyses, and provide alternative potential damages calculations.
BRG experts advise organizations and individuals, including executives, general counsel, human resource departments, and outside counsel, to address complex class action and individual labor and employment disputes involving issues of no poaching and noncompete agreements; executive and employee compensation; independent contractor versus employee status; employment discrimination; wrongful termination and retaliation; wages and hours, including misclassification, overtime pay, missed meals and rest breaks, waiting time, and off-the-clock work; and human resource management practices, including hiring, onboarding, performance evaluation, and discipline.
To learn more, please visit BRG’s Labor and Employment webpage.