OFCCP News - Executive Order 13496 and FAAPs
Date: 5/25/10
Title: OFCCP News - Executive Order 13496 and FAAPs
This compliance update addresses two hot topics pertaining to programs within the Department of Labor.
Executive Order 13496
On January 30, 2009 President Obama signed regulations to implement Executive Order 13496 requiring that all federal contracts and subcontractors post notices informing employees of their rights under the National Labor Relations Act (NLRA) to form, join and assist a union, and to bargain collectively with their employer. Contractors are also required to insert provisions in their subcontracts requiring that their subs also post the employee notice.
To assist contractors and subcontractors implement and comply with these regulations, the Office of Federal Contract Compliance Programs (OFCCP) is conducting a webinar on June 3, 2010 from 2:00 - 3:30 EDT. The webinar is titled OFCCP - How to Comply with Executive Order 13496. To reserve you space, go to:
https://www1.gotomeeting.com/register/696425736.
If you are unable to participate in the webinar, go to the OFCCP website https://www.dol.gov/ofccp/ to get a copy of the Power Point presentation on E.O. 13496 contractor compliance. The DOL has a fact sheet available outlining the following:
- Contractor's obligations
- Content of notice
- Exceptions to posting requirements
- Obtaining the poster
- Physical and electronic posting
- Acquiring translated posting
- Filing complaints alleging non-compliance
- Investigations and sanctions for non-compliance
The fact sheet can be found at:
http://www.dol.gov/olms/regs/compliance/fact_labor_rights_poster.htm
Functional Affirmative Action Plans (FAAPs)
As reported by the law firm of Jackson Lewis, OFCCP is suspending approving any new functional Affirmative Action Plans (FAAP) requests, modifications, or renewals. OFCCP will issue new guidelines on the FAAP program sometime in the future. FAAPs are plans that are pre-approved by OFCCP and developed by business or functional area instead of by establishment.
If you have an expired FAAP agreement without approval form OFCCP to renew, you should develop establishment plans. Establishment plans are developed for each establishment location with at least 50 employees. Locations with less than 50 employees are rolled up into the establishment plan into which they report or from where they are hired.
If your FAAP agreement has not expired, you should continue to develop your plans on the approved ageement until OFCCP issues further guidance.