|
|
Frequently Asked Questions |
|
|
|
Many generally applicable employment laws, such as the
Fair Labor Standards Act and the
Occupational Safety and Health Act, apply to federal contractors. In
addition, there are a number of federal laws that apply only to federal
contractors. Not all of these laws, which are described below, cover all
contractors. See the elaws FirstStep Advisor for
assistance in determining which laws apply to a specific business.
The Office of Federal Contract Compliance Programs (OFCCP) of the U.S.
Department of Labor's Employment Standards Administration (ESA) is responsible
for administering the laws requiring employers doing business with the federal
government to comply with the nondiscrimination and affirmative action
requirements set forth under Executive
Order 11246, the Rehabilitation
Act of 1973, Section 503, and the
Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA). These laws
prohibit discrimination and require affirmative action by federal contractors
with regard to race, color, religion, sex, national origin, and status as a
qualified individual with a disability or a protected veteran. All federal
contractors and subcontractors with contracts exceeding specific thresholds also
must file a
VETS-100 report with the Veterans’ Employment and Training Service.
ESA’s Wage and Hour Division administers laws and regulations requiring
minimum wages and fringe benefits to be paid to workers performing construction
work on federally-funded contracts or providing services to the federal
government. These laws are: the Davis-Bacon and Related Acts (for construction); the
Contract Work Hours and Safety Standards Act; the
McNamara-O'Hara Service Contract Act (for services); and the
Walsh-Healey Public Contracts Act (for manufacturing).
The Wage and Hour Division also enforces the
Copeland "Anti-Kickback" Act which precludes covered contractors and
subcontractors engaged in building construction or repair from inducing an
employee to give up any part of the compensation to which he or she is entitled
under his or her contract of employment.
ESA’s Office of Labor-Management Standards (OLMS) and OFCCP jointly administer
Executive Order 13201 which requires government contracts and subcontracts
to include an employee notice clause (Beck Poster) requiring non-exempt federal
contractors and subcontractors to post notices informing their employees that
they have certain rights related to union membership and use of union dues and
fees.
Employment Law Guide (See Table of Contents, Sections F and G) -
Provides information to help employers comply with the laws and
regulations administered by the Department of Labor, including the laws
governing wages and fringe benefits, working conditions and equal
opportunity under federal contracts.
Equal Employment Laws:
- Federal Contract Compliance Manual – Provides information on the provisions
of the Vietnam Era Veterans' Readjustment Assistance Act of 1974 and the
Rehabilitation Act of 1973.
- Small Business Guide - Provides small businesses that have federal contracts
or subcontracts an introduction to the basic equal employment opportunity (EEO)
requirements of Executive Order 11246.
- Office of Federal Contract Compliance Programs Frequently Asked Questions
- Sample AAP (PDF) – Provides guidance to federal contractors that employ
fewer than 150 employees on preparing an Affirmative Action Plan (AAP).
- Small Contractor AAP Job Group Availability Determinations – Provides
information on establishing job groups, and comparing employment of minorities
and women within those job groups to the availability of minorities and women
who are "available" for employment.
- Federal Contractor Program Information Page - Provides information on the
Veterans' Employment and Training Services' Federal Contractor Program, the
Federal Contractor Job Listing Program, and the
VETS-100 reporting requirements.
- FAQs about the VEVRAA Federal Contractor Program - Provides information on
affirmative action requirements to hire and promote special disabled veterans,
veterans of the Vietnam era, recently separated veterans, and any other veterans
who served on active duty during a war.
- Construction Contractors TA Guide – This Technical Assistance Guide helps
federal and federally-assisted construction contractors and subcontractors
comply with the federal equal employment opportunity laws and regulations.
- Filing a Complaint - Individuals may file a complaint with OFCCP if they
believe they have been discriminated against by federal contractors or
subcontractors.
Davis-Bacon and Other Wage Laws:
FACT SHEETS
Equal Employment Laws:
Davis-Bacon and Other Wage Laws:
E-TOOLS
POSTERS
RECORDKEEPING / REPORTING
Equal Employment Laws:
-
EEO-1 Report – Provides information on the EEO-1 Report
which is required of employers, including federal contractors. Information on the EEO-1
Report can be obtained from the
Equal Employment Opportunity Commission (EEOC)
Web site; by e-mailing EEOC at
e1.techassistance@eeoc.gov; or by calling 1-866-286-6440 (toll free). See
also
41 CFR Part 60-1.7.
-
Executive
Order 11246 and the
Rehabilitation Act of 1973, Section 503 - Require federal contractors to
maintain personnel or employment records for a period of two years from the date
of the making of the personnel record or the personnel action, whichever occurs
later.
-
VETS-100
– Requires federal contractors and subcontractors to complete an annual report
showing the numbers of qualified special disabled veterans, veterans of the
Vietnam era, and any other protected veterans hired or employed during the
reporting period.
Davis-Bacon Act and Other Wage Laws:
APPLICABLE LAWS AND
REGULATIONS
-
Executive
Order 13201 - requires government contracts and subcontracts to include an
employee notice clause requiring non-exempt federal contractors and
subcontractors to post notices informing their employees that they have certain rights
related to union membership and use of union dues and fees. See
29 CFR Part 470.
Equal Employment Laws:
- Executive Order 11246 - Prohibits covered federal contractors and
subcontractors and federally assisted construction contractors and
subcontractors from discriminating in employment decisions on the basis of race,
color, religion, sex, or national origin; and it requires them to take
affirmative action to ensure that equal opportunity is provided in all aspects
of their hiring and employment practices. See
41 CFR Parts 60-1 to 60-3.
- Section 503 of the Rehabilitation Act - Requires employers with federal
contracts or subcontracts that exceed $10,000, and contracts or subcontracts for
indefinite quantities to take affirmative steps to hire, retain, and promote
qualified individuals with disabilities. See
41 CFR Part 60-741 and
41 CFR Part 60-742.
- Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended -
Requires covered federal government contractors and subcontractors to take
affirmative action to employ and advance in employment specified categories of
veterans protected by the Act, and prohibits discrimination against such
veterans. See
41 CFR Chapter 60-250.
Davis-Bacon Act and Other Wage Laws:
- Davis-Bacon
and Related Acts (DBRA) - Requires payment of prevailing wages to laborers
and mechanics employed on federal and federally-assisted construction projects.
See
29 CFR Parts 1, 3, 5, 6, and 7.
- McNamara
O'Hara Service Contract Act (SCA) - Requires payment of prevailing wage
rates and fringe benefits to service employees employed on contracts to provide
services to the federal government. See
29 CFR Part 4.
- Walsh-Healey
Public Contracts Act (PCA) - Provides for a minimum wage and prohibits
employment of youth under 16 and convicts on federal contracts for the
manufacture or supply of materials, supplies, articles, and equipment. See
41 CFR Part 50.
-
Contract
Work Hours and Safety Standards Act (Title I) - Requires contractors and
subcontractors to pay laborers and mechanics employed in the performance of the
contracts one and one-half times their basic rate of pay for all hours worked
over 40 in a workweek. See
29 CFR Parts 4, 5, 6, and 8.
RELATED TOPICS AND LINKS
Equal Employment Laws:
See also -
Compliance Assistance By Topic - Equal Employment Opportunity
- Preaward
Contract Clearance Requests - Prior to awarding a contract of $10 million
dollars or more, federal agencies are required to get clearance from OFCCP.
- Policy
Directives - Provides access to OFCCP Policy Directives that have been
issued as interpretative guidance.
- Disability
Resources
-
Equal
Employment Opportunity Commission (EEOC) - The EEOC promotes equal
employment opportunities for employees of most private employers, state and
local governments, educational institutions, employment agencies, and labor
organizations.
-
Title
VII of the Civil Rights Act - Prohibits employment discrimination based on
race, color, religion, sex, and national origin (enforced by the
EEOC).
-
The
Americans with Disabilities Act (ADA) - Primarily enforced by the
EEOC, this Act prohibits discrimination against people with disabilities in
employment, transportation, public accommodation, communications, and
governmental activities.
Davis-Bacon Act and Other Wage Laws:
See also
Compliance Assistance By Topic - Wages and Hours Worked - Wages under Federal
Contracts.
-
Wage
Survey Form - Some contractors may be asked to submit wage data as part of
the Wage Determination Survey. The WD-10 Form is an optional form to ensure
consistency in submission of wage data.
Other Resources:
- Employment Standards Administration (ESA)
Office of Federal Contract Compliance Programs (OFCCP)
200 Constitution Avenue, NW
Room C-3325
Washington, DC 20210
E-mail: OFCCP-Public@dol.gov>
Tel: 1-866-4-USA-DOL (1-866-487-2365), or 1-800-397-6251
TTY: 1-877-889-5627
- Employment Standards Administration (ESA)
Wage and Hour Division
200 Constitution Avenue, NW
Room S-3502
Washington, DC 20210
Contact WHD
Tel: 1-866-4USWAGE (1-866-487-9243)
TTY: 1-877-889-5627
Local Offices
- Employment Standards Administration (ESA)
Office of Labor Management Standards (OLMS)
200 Constitution Avenue, NWnue, NW
Room N-5605
Washington, DC 20210
E-mail: olms-public@dol.gov
Tel: 1-866-4-USA-DOL (1-866-487-2365)
TTY: 1-877-889-5627
Local Offices
- For questions on other DOL laws,
please call DOL's Toll-Free Help Line at 1-866-4-USA-DOL. Live assistance is available in English and Spanish, Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time. Additional service is available in more than 140 languages through a translation service.
Tel: 1-866-4-USA-DOL TTY: 1-877-889-5627
*Pursuant to the U.S. Department of Labor's Confidentiality Protocol
for Compliance Assistance Inquiries, information provided by a telephone caller
will be kept confidential within the bounds of the law. Compliance assistance
inquiries will not trigger an inspection, audit, investigation, etc.
|
|
|