EEO-1 Extended (Beltway Buzz - April 27, 2018)

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what's happening in Washington, D.C. could impact your business.

EEO-1 Extended. The Equal Employment Opportunity Commission (EEOC) has extended, until June 1, 2018, the deadline for covered employers to file EEO-1 forms. The previous deadline was March 31, 2018. Recall that March 31, 2018, was also the original deadline for employers to report on their employees' compensation and hours worked, until the Office of Information and Regulatory Affairs put the 2016 changes to the EEO-1 form on ice. Kiosha H. Dickey and James A. Patton, Jr., explain why the recent deadline may have been postponed.

OFCCP Compensation Audits. BNA and other media outlets are reporting that the Office of Federal Contract Compliance Programs (OFCCP) is planning to make changes in the way it conducts compensation compliance evaluations of covered federal contractors. More specifically, the speculation concerns Directive 307 and whether it might be revoked or amended under new OFCCP Director Ondray Harris. So far, there is no official word from OFCCP, but whatever may transpire, the Buzz is hopeful that OFCCP compliance evaluations will be conducted in accordance with Title VII principles.

Worker Center Update. This week, the U.S. Chamber of Commerce issued a report urging the Department of Labor (DOL) to examine the legal status of so-called "worker centers." According to "Worker Centers: Union Front Groups and the Law," while ostensibly providing training, advocacy, and lobbying efforts on behalf of workers, at least some worker centers have further sought to directly deal and engage with employers concerning terms and conditions of employment for those workers. The Chamber argues that crossing this line makes these groups "labor organizations" under federal law and that they should therefore be held to the standards that apply to labor unions as set forth in the Labor-Management Reporting and Disclosure Act.

EEOC GC Vote. This week, the Senate Health, Education, Labor and Pensions (HELP) Committee indefinitely postponed its vote on Sharon Fast Gustafson to be general counsel of the EEOC. Republicans enjoy a razor-thin, one-vote majority on the committee, so they will postpone votes when they cannot be assured of clearing the nominee. The Buzz will continue to monitor the progress of Gustafson's nomination.

Nominee Update. Speaking of nominees, with...