OFCCP Provides New Guidance

If you are a company with only one establishment – you may happily ignore this news post!

If you have two or more establishments, please keep reading.

Answering the question, “Which employees should be included in the employee headcount for each establishment [when filling in the “FTE” counts in the Contractor Portal]?” OFCCP released a new FAQ, stating, “contractors should include all employees covered in their establishment’s AAP” – not only those employees physically located in the establishment.

This clarifies that any employees “reporting in” to an AAP at a different establishment than the one they’re physically located in should be included in the headcount of that “different” establishment on the Contractor Portal. If you are filling in these headcounts yourself, Kairos recommends using the headcount from each establishment’s most recent AAP Job Group Analysis total employee count.

OFCCP also clarified that any establishments with their own AAP, regardless of the number of employees, should be reported on the Contractor Portal, but any establishments not required to maintain an AAP (and for which no separate AAP is voluntarily maintained) do not need to be reported on the Portal.

Action Items:

1. If you have not already – Create a Login.gov account and register for the OFCCP Contractor Portal (https://contractorportal.dol.gov/).
2. Ensure establishments with their own AAP (including, at a minimum, all contractor locations > 50 employees, but also any locations under 50 employees with their own AAP) are included in the company’s establishment list on the OFCCP Contractor Portal.
3. Update the headcount in the “FTEs” headcount box using the most recent AAP Job Group Analysis total for that establishment (found in the AAP document, “Job Group Summary & Analysis Reports” section – box that says “Total EEs”).

If you have already certified and want to update your headcount the portal will allow you to make those changes.