08 March 2019

Two Minute Update – Beware The Ides Of March: CSALS Posted Soon & EEO-1 Compensation Data Is Back


Welcome to another Two Minute Update. We have two major updates today.

First, the OFCCP recently announced that it will post its next Corporate Scheduling Announcement List in mid to late March.

The CSAL list names contractors and subcontractors selected by OFCCP for a potential compliance evaluation in the current fiscal year. This is the first time that the list will be posted only online, rather than sending CSALs by mail directly to contractors.  A CSAL is advance notice that one or more establishments have been selected for an audit during the scheduling cycle. Importantly, it is not an actual letter scheduling an audit. It is advance warning that your establishment has been targeted. If chosen for a compliance evaluation, the contractor establishment will be sent a formal Scheduling Letter and Itemized Listing to start the lengthy audit process. At that point, the business will have 30 days to send its affirmative action plan and supporting documents to OFCCP. The new CSAL list this year will also identify those contractors selected for a Section 503 focused review. OFCCP intends to review a contractor’s policies and practices related solely to disability-related recruitment, outreach and hiring results.

Second, this week a federal judge reinstated the revised EEO-1 form’s pay-data reporting provisions. These were suspended by the Trump administration on the grounds that the data reporting was too burdensome.  This type of pay reporting requires data on W-2 wages and hours worked for all employees who are part of the workforce snapshot. This would make preparing the EEO-1 Report much more complex.

This year’s EEO-1 filing deadline is coming up on May 31.  Although the court’s ruling could take immediate effect and require reporting on all wages and hours worked in this year’s report, it also could be postponed pending appeal.  It’s also possible that the EEOC would push back the reporting deadline to allow employers more time to collect the data.

We’ll be tracking these two issues and keep you updated.