OFCCP's Decision Shapes Construction Industry Compliance
Company Profile Information
Employers must provide crucial details such as the (sub)contractor's name, registered address, Employer Identification Number (EIN), and Unique Entity ID (UEI) or Data Universal Numbering System (DUNS) number. This information forms the foundation for accurate reporting and helps OFCCP in their oversight activities.
Knowing the names of all U.S. government agencies funding the project, in whole or in part, is also essential. It provides a clear picture of the financial sources and helps in tracking the flow of funds.
Reporting Period Details
Monthly employee counts and work hours are meticulously recorded. The employee counts must reflect the exact count on the last day of the month, ensuring accuracy in reporting. This data provides insights into the workforce dynamics during each calendar month.
The due date for the reports is the 15th of the following month. However, if this date falls on a weekend or federal holiday, it is pushed to the following business day. Adhering to these timelines is crucial to avoid penalties and ensure compliance.
Employee Data by Covered Areas
For each standard metropolitan statistical area (SMSA) or economic area (EA), companies need to report on project types, entity types, total employee counts, and total work hours. This breakdown allows for a detailed analysis of workforce distribution and performance in different regions.
The race, gender, and classification-wise breakdown of employees provides a comprehensive view of the workforce diversity and helps in identifying any potential discrimination issues.
Submission Methods and Assistance
Contrary to some expectations, the Form CC-257 must be submitted either by sending an excel report via email to ofccp-construction@dol.gov (the preferred method) or by submitting a pdf version to the same email address or via mail to the specified address. OFCCP is committed to providing compliance assistance and outreach, including a scheduled webinar in early 2025 and a help desk to answer questions and provide technical assistance.
However, it is important to note that OFCCP's estimated time of 1.5 hours per month for submission may not be accurate for all contractors and subcontractors. Those without electronic recordkeeping systems or operating in multiple covered areas may require more time and resources.
Next Steps for Contractors
Construction contractors and subcontractors need to collaborate with their Human Resources (HR) teams and seek advice from experienced counsel. Understanding their obligations and assessing their current systems is the first step in developing a plan to submit monthly Form CC-257 reports.
This may involve changing electronic recordkeeping systems, hiring additional HR staff, or revising job duties to ensure smooth compliance. The uncertainty surrounding the incoming Trump administration's stance on this new obligation adds an element of caution and vigilance.
As the first deadline approaches in April 2025, it is crucial for all parties involved to stay informed and prepared. Monitoring agency actions and being proactive in addressing compliance issues will be key in navigating this new regulatory landscape.
Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.