OFCCP seeks comment on monthly employment utilization report for construction contractor employees | JD Supra

On February 23, 2024, the Office of Federal Contract Compliance Programs (OFCCP) Federal Register We seek to reinstate Form CC-257, the Monthly Employment Utilization Report, with changes.

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• Covered construction contractors may be required to submit monthly reports to the U.S. government that include employee counts, hours worked, demographics, trade and classification information.
• Comments on this proposal are expected to be submitted by April 23, 2024.

Previously, construction contractors were required to file Form CC-257 monthly with OFCCP, providing information about hours worked by construction industry employees by race/ethnicity, gender, and industry for the geographic area in which the work is performed. was required. OFCCP stopped collecting in 1995. OFCCP’s February 23, 2024 Notice proposes to reinstate this monthly reporting requirement, with some additional burdens.

As OFCCP explained in a statement of support accompanying the notice, under the proposed new version of Form CC-257, “covered construction contractors” would provide much of the same information as on the previous form. Become. However, the Contractor shall determine the number of employees in each industry type who performed work in each Standard Metropolitan Statistical Area (SMSA) or Economic Area (EA) (“Covered Area”) during the period by race, gender, and classification. You will also be asked to report. Reporting period. This headcount information helps OFCCP understand how work hours are distributed across the workforce and determine whether there are potential issues with employment or job assignments that should be investigated during compliance assessments. Helpful.

In addition, the updated form requires:

• Unique Entity ID (UEI) or Data Universal Numbering System (DUNS) number
• Number of areas (SMSA or EA) covered by the project during the reporting period
• Name and email address of the company contact certifying the information
• Information about whether the company is a prime contractor, subcontractor, or both.
• Information on whether the company has carried out work on megaprojects
• Optional comments to provide further context about the submission

Other important changes include removing the requirement for contractors to list current objectives for the area of ​​interest and updating data collection charts, including:

• Addition of new “Foreman” classification
• Revised race categories to match EEO-1 race categories
• Adding an “all” total column

Based on the form’s proposed instructions, this reporting requirement would apply to businesses with direct federal construction contracts or subcontracts and to businesses with federally assisted contracts or subcontracts worth more than $10,000. Masu. The instructions also state that “OFCCP’s secure web-based platform is the preferred method for submitting CC-257 reports,” although mail, email, and fax are also options. Footnote 42 of the Supporting Statement makes this reporting requirement less burdensome than before, as it “requires one monthly report covering all SMSAs,” rather than separate reporting for each SMSA/EA. It is clear that the proposed instructions cover the structure. Contractors do not provide aggregate data. Rather, information on the number of employees and hours worked for each SMSA/EA for the project during the reporting period must be provided in only one combined form.

According to OFCCP, “[e]Employment discrimination remains an issue in the construction industry. ” OFCCP hopes that the reinstatement of Form CC-257 will “strengthen construction programs by using the information collected to inform compliance assistance efforts and track contractor progress.” There is. [sic] Outreach and agency megaproject programs. ” In addition, OFCCP states that “the report provides relevant information about ongoing projects and current employee numbers, so this information improves the scheduling of compliance assessments.” On October 6, 2023, OFCCP announced a new list of mega construction designators identifying 12 new construction “megaprojects” as part of its megaprojects program.

Comments are due by April 23, 2024.