CFR |
Code of Federal Regulations Pertaining to U.S. Department of Labor |
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Title 41 |
Public Contracts and Property Management |
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Chapter 61 |
Office of the Assistant Secretary for Veterans' Employment and Training Service, Department of Labor |
- Section Number: 61-250.11
- Section Name: On what form must the data required by this part be submitted?
(a) Data items required in paragraph (a) of the contract clause set
forth in Sec. 61-250.10 must be reported for each hiring location on
the VETS-100 form. This form is mailed annually to those contractors
who are included in the VETS-100 data base. The form, and instructions
for preparing it, are also set forth as follows:
The Vets-100 Report Form is Reprinted as Appendix A to 41 CFR Part 61-
250
This report is to be completed by all nonexempt contractors and
subcontractors with contracts (or subcontracts) for the furnishing
of supplies and services or the use of real or persona1 property
(including construction) for $25,000 or more. Reports must be
completed for each hiring location in any State, as defined in 41
CFR 61-250.2(b).
All multi-establishment employers, i.e., those doing business at
more than one hiring location, must file: (1) a report covering the
principal or headquarters office; (2) a separate report for each
hiring location employing 50 or more persons; and (3) either (i) a
separate report for each hiring location employing fewer than 50
persons, or (ii) consolidated reports, by State, covering the hiring
locations within the State that have fewer than 50 employees. Each
consolidated report must also list the names and addresses of all
hiring locations covered by the report.
How to Prepare Form
Shaded areas designate optional information. Answers to
questions in all other areas of the form are mandatory.
Contractors should determine the period covered by the report
(``the reporting period'') by selecting an ending date for the
report. The ending date may fall either: (1) At the end of any pay
period during the
period July 1 through August 31 of the year the report is due; or
(2) On December 31, if the contractor has previous written approval
from the Equal Employment Opportunity Commission to use that date
for purposes of submitting the Employer Information Report EEO-1,
Standard Form 100 (EEO-1 Report). The report must cover the twelve
consecutive months preceding the selected ending date.
Company Identification
Parent Company. Please provide the company name, address, and
employer identification number (EIN) of the headquarters office of
the multi-hiring location company that owns the hiring location for
which this report is filed. The EIN is mandatory; the Dun and
Bradstreet I.D. number (DUNS) is mandatory if available; and the
North American Industrial Classification System (NAICS) also must be
reported if available.
Hiring Location For Which This Report Is Filed. Please provide
the name, address, and EIN for each hiring location for which this
report is filed. The EIN is mandatory; the NAICS and the DUNS also
must be reported if available.
Information on Employees (Veterans and non-veterans)
Counting veterans: Some veterans will fall into more than one of
the protected veteran categories. For example, a veteran may be both
a special disabled veteran and a Vietnam era veteran. In such cases
the veteran must be counted in each category.
Data on Current Employees: The payroll period for this data is
the period that ends on the date the contractor selects as the
ending date for the entire report, according to the instructions
above in ``How to Prepare Form.'' The data must include all
permanent full-time and part-time employees who were employed as of
the ending date of the selected payroll period, except those
employees specifically excluded as indicated in 41 CFR 61-
250.2(b)(2). Employees must be counted by veteran status (columns L,
M, and N--special disabled veterans, Vietnam-era, or other protected
veterans as defined below) for each of the nine occupational
categories. Entries in the Total line of columns L, M, and N are
optional.
Data on New Hires: Report on the Total line in columns O through
R the number of regular full-time and part-time employees, by
veteran status (columns O, P, and Q) and total employees (column R),
who were included in the payroll for the first time during the
reporting period. Entries in lines 1 through 9 (shaded area) of
columns O through R are optional.
Definitions
Hiring location means an establishment as defined at 41 CFR 61-
250.2(b).
Special disabled veteran means:
(i) A veteran of the U.S. military, ground, naval or air service
who is entitled to compensation (or who but for the receipt of
military retired pay would be entitled to compensation) under laws
administered by the Department of Veterans Affairs for a disability:
(A) Rated at 30 percent or more; or
(B) Rated at 10 or 20 percent in the case of a veteran who has
been determined under 38 U.S.C. 3106 to have a serious employment
handicap; or
(ii) A person who was discharged or released from active duty
because of a service-connected disability.
Veteran of the Vietnam era means a veteran:
(i) who served on active duty in the U.S. military, ground,
naval or air service for a period of more than 180 days, and who was
discharged or released therefrom with other than a dishonorable
discharge, if any part of such active duty was performed:
(A) in the Republic of Vietnam between February 28, 1961, and
May 7, 1975; or
(B) between August 5, 1964 and May 7, 1975 in any other
location; or
(ii) who was discharged or released from active duty in the U.S.
military, ground, naval or air service for a service-connected
disability, if any part of such active duty was performed:
(A) in the Republic of Vietnam between February 28, 1961, and
May 7, 1975; or
(B) between August 5, 1964, and May 7, 1975, in any other
location.
Other protected veterans means any other veteran who served on
active duty in the U.S. military, ground, naval or air service
during a war or in a campaign or expedition for which a campaign
badge has been authorized, other than special disabled veterans or
veterans or the Vietnam era.
Legal Basis for Reporting Requirements
Title 38, United States Code, Section 4212(d), requires that
Federal contractors and subcontractors report at least annually on
the number of current employees in each job category and at each
hiring location who are special disabled veterans, the number who
are veterans of the Vietnam era, and the number who are other
protected veterans who served on active duty during a war or in a
campaign or expedition for which a campaign badge has been
authorized, other than special disabled veterans or veterans of the
Vietnam era. Also required are the total number of new hires during
the reporting period, the number of new hires who fall into each of
the three categories of veterans listed above, and the maximum and
minimum number of persons employed during the reporting period. The
regulations implementing these statutory provisions are found at 41
CFR part 61-250.
Description of Job Categories
Officials and managers means occupations requiring
administrative and managerial personnel who set broad policies,
exercise overall responsibility for execution of these policies, and
direct individual departments or special phases of a firm's
operation. Includes: Officials, executives, middle management, plant
managers, department managers and superintendents, salaried
supervisors who are members of management, purchasing agents and
buyers, railroad conductors and yard masters, ship captains and
mates (except fishing boats), farm operators and managers, and
kindred workers.
Professionals means occupations requiring either college
graduation or experience of such kind and amount as to provide a
background comparable to college education. Includes: Accountants
and auditors, airplane pilots and navigators, architects, artists,
chemists, designers, dietitians, editors, engineers, lawyers,
librarians, mathematicians, natural scientists, registered
professional nurses, personnel and labor relations specialists,
physical scientists, physicians, social scientists, surveyors,
teachers, and kindred workers.
Technicians means occupations requiring a combination of basic
scientific knowledge and manual skill which can be obtained through
about 2 years of post-high school education, such as is offered in
many technical institutes and junior colleges, or through equivalent
on-the-job training. Includes: Computer programmers and operators,
drafters, engineering aides, junior engineers, mathematical aides,
licensed, practical or vocational nurses, photographers, radio
operators, scientific assistants, technical illustrators,
technicians (medical, dental, electronic, physical science), and
kindred workers.
Sales means occupations engaging wholly or primarily in direct
selling. Includes: Advertising agents and sales workers, insurance
agents and brokers, real estate agents and brokers, stock and bond
sales workers, demonstrators, sales workers and sales clerks,
grocery clerks and cashier-checkers, and kindred workers.
Office and clerical includes all clerical-type work regardless
of level of difficulty, where the activities are predominantly non-
manual though some manual work not directly involved with altering
or transporting the products is included. Includes bookkeepers,
cashiers, collectors (bills and accounts), messengers and office
helpers, office machine operators, shipping and receiving clerks,
stenographers, typists and secretaries, telegraph and telephone
operators, legal assistants, and kindred workers.
Craft Workers (skilled) means manual workers of relatively high
skill level having a thorough and comprehensive knowledge of the
processes involved in their work. These workers exercise
considerable independent judgment and usually receive an extensive
period of training. Includes: The building trades, hourly paid
supervisors and lead operators who are not members of management,
mechanics and repairers, skilled machining occupations, compositors
and typesetters, electricians, engravers, job setters (metal),
motion picture projectionists, pattern and model makers, stationary
engineers, tailors, arts occupations, hand painters, coaters,
decorative workers, and kindred workers.
Operatives (semiskilled) means workers who operate machine or
processing equipment or perform other factory-type duties of
intermediate skill level which can be mastered in a few weeks and
require only limited training. Includes: Apprentices (auto
mechanics, plumbers, bricklayers, carpenters, electricians,
machinists, mechanics, building trades, metalworking trades,
printing trades, etc.), operatives, attendants (auto service and
parking), blasters, chauffeurs, delivery workers, dressmakers and
sewers (except factory), dryers, furnace workers, heaters (metal),
laundry and dry cleaning operatives, milliners, mine operatives and
laborers, motor operators, oilers and greasers (except auto),
painters (except construction and maintenance), photographic process
workers, stationary firefighters, truck and tractor drivers, weavers
(textile), welders and flamecutters, electrical and electronic
equipment assemblers, butchers and meat cutters, inspectors, testers
and graders, handpackers and packagers, and kindred workers.
Laborers (unskilled) means workers in manual occupations which
generally require no special training to perform elementary duties
that may be learned in a few days and require the application of
little or no independent judgment. Includes: garage laborers, car
washers and greasers, gardeners (except farm) and grounds keepers,
stevedores, wood choppers, laborers performing lifting, digging,
mixing, loading and pulling operations, and kindred workers.
Service Workers means workers in both protective and non-
protective service occupations. Includes: Attendants (hospital and
other institutions, professional and personal service, including
nurses aides and orderlies), barbers, charworkers and cleaners,
cooks (except household), counter and fountain workers, elevator
operators, firefighters and fire protection workers, guards,
doorkeepers, stewards, janitors, police officers and detectives,
porters, servers, amusement and recreation facilities attendants,
guides, ushers, public transportation attendants, and kindred
workers.
(b) Contractors and subcontractors that submit computer-generated
output for more than 10 hiring locations to satisfy their VETS-100
reporting obligations must submit the output in the form of an electronic file.
This file must comply with current Department of Labor
specifications for the layout of these records, along with any other
specifications established by the Department for the applicable
reporting year. Contractors and subcontractors that submit VETS-100
Reports for ten locations or less are exempt from this requirement, but
are strongly encouraged to submit an electronic file. In these cases,
state consolidated reports count as one location each.
(c) Contractors and subcontractors may submit the VETS-100 Report
via the Internet. The Internet address for the site is http://
vets100.cudenver.edu/vets100login.htm. A company number is required to
access this site. The number is provided to employers on the VETS-100
Report form that is mailed annually to those employers who are included
in the VETS-100 database. Other employers may obtain a company number
by e-mailing their request to newcompany@vets100.com, or by calling the
VETS-100 Reporting System at (703) 461-2460.
(d) VETS or its designee will use all available information to
distribute the required forms to contractors identified as subject to
the requirements of this part.
(e) It is the responsibility of each contractor or subcontractor to
obtain necessary supplies of the VETS-100 Report form before the annual
September 30 filing deadline. Contractors and subcontractors who do not
receive forms should request them in time to meet the deadline.
Requests for the VETS-100 Report form may be made by mail by
contacting: Office of the Assistant Secretary for Veterans' Employment
and Training, U.S. Department of Labor 200 Constitution Avenue,
NW,Washington, DC 20210, Attn: VETS-100 Report Form Request or on the
Internet at http://vets100.cudenver.edu (OMB No. 1293-0005).
Source: 66 FR 51997, Oct. 11, 2001, as amended by 66 FR 65452, Dec. 19, 2001
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