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A L Y C O N S U L T I N G L L C |
June 23, 2005
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OFCCP Sending Out 1300 Audit
Scheduling Letters
OFCCP
No Longer Required to Come Onsite for Compliance Checks
OFCCP Now Checking for Beck Poster
During Onsite Audits
I-9
Form Revision Does Not Correct List of Acceptable Documents
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The Office of Federal Contract Compliance Programs (OFCCP) recently
sent a list to its regional offices of approximately 1300 federal
contractor establishments to be selected for audits. This list will
be used to send out audit scheduling letters over the next few months.
Keep an eye out for these letters as they may be addressed to contractor
CEOs. Federal contractors have 30 days from receipt of the letter
to respond to the agency request for affirmative action programs
(AAPs) and support data. A copy of the scheduling letter can be
found on our website at www.malyconsulting.com/Resources/OFCCP_Scheduling_Letter.pdf.
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Compliance checks are an abbreviated form of OFCCP audit used to
determine compliance with certain record keeping requirements. New
regulations that become effective July 22, 2005 remove the requirement
that the OFCCP come onsite for compliance checks. Contractors will
now have the option of providing the requested information onsite
or submitting it to the OFCCP offsite. Current compliance check
procedures involve the collection of the following three types of
information:
- a report of results under your prior year’s Affirmative Action
Program;
- examples of job advertisements, including listings with state
employment services/America's Job Bank;
- and examples of accommodations made for persons with disabilities.
For more information on current compliance check procedures, go
to www.dol.gov/esa/regs/compliance/ofccp/directives/dir227.pdf.
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The OFCCP announced June 10, 2005 that it will begin checking for
Beck poster compliance when conducting onsite compliance evaluations.
The Beck poster is part of regulations that require federal contractors
with unionized employees to post notices informing employees of
their union and non-union rights. Further information and copies
of the Beck poster can be found at www.dol.gov/esa/regs/compliance/olms/Beckca.htm.
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The May 31, 2005 revision to the Employment Eligibility Verification
form (Form I-9) did not update the list of acceptable documents
that establish both identity and employment eligibility (List A).
The current form still lists several documents that are no longer
acceptable and does not include one document that is acceptable.
For information about Form I-9 or to obtain an electronic copy,
go to uscis.gov/graphics/formsfee/forms/i-9.htm.
The OFCCP checks for compliance with the I-9 form requirements during
onsite audits. Below are special instructions from the U.S. Citizenship
and Immigration Services website on the changes not currently reflected
on the revised form.
- Form I-766 (Employment Authorization Document), although not listed on the 5/31/05 version of the Form I-9, is an acceptable List A document #10.
- Form I-151 is no longer an acceptable List A document #5. However, Form I-551 remains an acceptable List A document #5.
- The following documents have been removed from the list of acceptable identity and work authorization documents: Certificate of U.S. Citizenship (List A #2), Certificate of Naturalization (List A #3), Unexpired Reentry Permit (List A #8) and
Unexpired Refugee Travel Document (List A #9).
If you have any questions about any information presented here,
please give us a call or send us an email.
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(415) 454-4921
info@malyconsulting.com |
Edward Correro
www.malyconsulting.com |