[Federal Register: March 8, 2002 (Volume 67, Number 46)]
[Notices]
[Page 10804-10805]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08mr02-161]
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DEPARTMENT OF LABOR
Veterans' Employment and Training Service
RIN 1293-AA07
Annual Report From Federal Contractors
AGENCY: Veterans' Employment and Training Service, Department of Labor.
ACTION: Notice; request for comments.
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SUMMARY: The Veterans' Employment and Training Service (VETS) is
soliciting comments on methodologies for calculating the maximum and
minimum number of employees for the Federal Contractor Veterans'
Employment Report VETS-100.
DATES: Comments must be received on or before April 8, 2002.
ADDRESSES: Comments should be sent to Norman Lance, Chief,
Investigations and Compliance Division, (VETS), by regular mail at the
U.S. Department of Labor, Veterans' Employment and Training Service,
Federal Contractor Program Comments--Notice, 6101 Stevenson Avenue,
Alexandria, VA 22304, or by e-mail at Lance-Norman@dol.gov. Written
[[Page 10805]]
comments limited to 10 pages or fewer also may be transmitted by
facsimile (FAX) at (202) 693-4755. Receipt of submissions, whether by
U.S. mail, e-mail or FAX transmittal, will not be acknowledged;
however, the sender may request confirmation that a submission has been
received, by telephoning VETS at (202) 693-4731 (VOICE), or (800) 670-
7008 (TTY/TDD).
FOR FURTHER INFORMATION CONTACT: Norm Lance, Chief, Investigations and
Compliance Division, VETS, at (202) 693-4731 or by e-mail at Lance-
Norman@dol.gov. Individuals with hearing impairments can call (800)
670-7008 (TTY/TDD).
SUPPLEMENTARY INFORMATION:
Authority: 38 U.S.C. 4212(d).
Background
The Vietnam Era Veterans' Readjustment Assistance Act of 1974, as
amended, (VEVRAA) contains affirmative action and reporting
requirements for Federal contractors and subcontractors regarding
several classes of protected veterans. One VEVRAA requirement is that
covered Federal contractors and subcontractors file an annual Federal
Contractor Veterans' Employment Report VETS-100 (VETS-100 Report).
Prior to 1998 covered contractors were required to show in their VETS-
100 report the number of protected veterans in their work force by job
category, hiring locations, and number of new hires, including
protected veterans hired during the reporting period covered by the
report. The amendments to the VETS-100 reporting requirements made by
the Veterans Employment Opportunities Act of 1998 (VEOA) included
adding the requirement that the maximum number and minimum number of
persons employed during the reporting period be included in a VETS-100
Report.
VETS published a Notice of Proposed Rulemaking (65 FR 59684,
October 5, 2000) to implement the provisions of the VEOA, including the
requirement for reporting the minimum and maximum number of employees.
The Notice of Proposed Rulemaking did not contain guidance on how
covered contractors were to determine the minimum and maximum number of
employees. A commenter asserted that the proposed rule was unclear
about when the minimum and maximum number of employees had to be
determined, and asked for clarification. To respond to the concerns of
the commenter, VETS clarified the regulation language by adding the
following language to the final rule:
The minimum and maximum number of employees reportable at each
hiring location during the period covered by the report must be
determined as follows: Contractors must review payroll records for
each of the pay periods included in the report. The minimum number
of employees is the total number of employees paid in the payroll
period in which the contractor had the fewest number of employees.
The maximum number of employees is the total number of employees
paid in the payroll period in which the contractor had the greatest
number of employees.
This new language was inserted in section 61-250.10(a)(3), and also
in section 61-250.11 under the paragraph entitled ``Maximum and minimum
number of employees.'' (66 FR 52004-52005, October 11, 2001).
After publication of the rule, it was brought to the attention of
VETS that the revised language might have inadvertently increased the
record keeping burden on some contractors because contractors might
have difficulty matching up payroll periods, employees, and physical
VETS-100 reporting locations in the way contemplated by the final rule.
To permit contractors flexibility in how they determine the maximum and
minimum number of employees, VETS published an Interim Final Rule (66
FR 65452, December 19, 2001) amending section 61-250.10(a)(3) by
withdrawing the above quoted language that specified how contractors
were to determine the maximum and minimum number of employees and
withdrawing the language quoted above which appears as a paragraph
entitled ``Maximum and minimum number of employees'' under section 61-
250.11. The basic statutory requirement to report the maximum and
minimum number of employees remains.
In the preamble to the interim final rule, VETS requested comments
about the methods covered contractors and subcontractors intend to use
to calculate the minimum and maximum number of employees. VETS
requested this information in order to gain additional information on
which to issue guidance or regulations on methodology(s) for
contractors to determine the maximum and minimum number of employees.
VETS is concerned that the request for comments solely within the
preamble to the interim final rule could be overlooked. Consequently,
VETS is publishing today's notice reiterating the request for comments
about how to determine the maximum and minimum number of employees.
Specifically, VETS requests comments on the methodology contractors
would prefer to use to calculate the minimum and maximum number of
employees. Additional information including how a methodology interacts
with organizational structure, payroll or pay systems for particular
types of employers (e.g., nature of industry, single or multiple
establishments), and how employees on extended leave of absence are
counted, is solicited. Comments on record keeping burden incurred and
other information you feel will clarify the process for determining the
maximum and minimum number of employees also are requested. VETS will
consider this information when preparing guidance or regulations for
contractors' future reporting cycles.
Signed at Washington, DC, this 28th day of February, 2002.
Frederico Juarbe, Jr.,
Assistant Secretary of Labor for Veterans' Employment and Training
Service.
[FR Doc. 02-5411 Filed 3-7-02; 8:45 am]
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