Organizations holding contracts with the federal government should be aware of requirements to maintain, and to annually update, written affirmative action plans (AAPs). In addition, organizations acting as subcontractors to companies required to have AAPs may themselves also be required to maintain up-to-date affirmative action plans. Specifically, under the provisions of Executive Order 11246, Section 503 of the Rehabilitation Act of 1974, and Section 2012 of the Vietnam Era Veterans’ Readjustment Act of 1974, qualifying federal contractors and subcontractors are required to develop and implement written affirmative action plans (AAPs) and to implement actions to ensure employment and upward mobility for qualified minorities and females, individuals with disabilities, and veterans.
With years of expertise in this area, our firm is ready to develop fully compliant affirmative action plans for your organization.
Employees and former employees may file charges with the Equal Employment Opportunity Commission (EEOC) against your organization based on a wide variety of perceived discrimination or harassment. Claims of sexual harassment, age discrimination, or discrimination based on a person’s race, color, religion, sex, national origin, or disability are commonly seen. In addition, charges may also be brought against an organization through state or local “fair employment” agencies with direct connections to the EEOC. Should an organization fail to effectively respond to a charge brought against them by the EEOC or a related state or local agency, or not adequately represent itself in an EEOC mediation session, the results can be very costly. Our firm is here to assist you at every level of an EEOC charge, from initial response to mediation to investigation, as well as follow-up assistance should any subsequent employment-related litigation occur.
The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) is the federal agency responsible for monitoring and auditing the affirmative action efforts of federal contractors and subcontractors. Should OFCCP investigators find issues with an organization’s affirmative action plan or associated programs, penalties can be severe, ranging from large monetary settlements to disbarment from future federal contracts. Our firm has extensive experience in OFCCP audit activities and in dealing directly with OFCCP compliance officers. We stand ready to represent and assist you should your organization be faced with an OFCCP review.
Ensuring that employees are properly categorized as exempt or nonexempt under the federal Fair Labor Standards Act is a critically important task for employers, and failure to properly do so may leave the employer open to government scrutiny and penalties. In addition, employers who fail to comply with the Fair Labor Standards Act’s requirements to pay employees minimum wage, pay time and one-half for overtime hours worked, and to maintain employee pay records are also at risk.
Our firm is highly experienced in ensuring wage and hour compliance for clients in a wide variety of industries, and we are available to assist you with any federal or state compensation-related compliance issues.