March 2012

If You Give A Moose A Muffin…OFCCP’s New Style of Compensation Audits…and How Federal Contractors May Defend Against Them

OFCCP is now monthly changing its audit processes. While OFCCP’s audit tone is changing (to become more directive, more wooden, more demanding, and more strident–causing many (very many) contractors to now ruefully label OFCCP a “Bully”), the substance of OFCCP audits is also changing. With a Presidential election nearing, OFCCP has “gone Ollie North”: i.e. OFCCP now just does what it has the physical power to do, regardless whether it has the legal authority to do it. Said another way, OFCCP is just “jamming it through”, while relying on contractor cooperation and goodwill to permit the agency to run roughshod over good-natured contractors.

Despite the defeat of the Pay Check Fairness Act (PCFA) in the Congress, OFCCP is now administratively implementing the PCFA, piece by piece: “PCFA through