Title: OFCCP Policies for Contractors

OFCCP stands for the Office of Federal Contract Compliance Programs. It is part of the United States Department of Labor’s Employment Standards Administration. The OFCCP is responsible for ensuring that contractors are in federal compliance with the policies, laws and regulations regarding affirmative action and nondiscrimination.

Construction contractors and subcontractors who have a federal construction contract that is larges than $10,000.00 are subject to the policies of the OFCCP. Once it has been determined that you are subject to the OFCCP jurisdiction, the federal compliances and policies apply to all of your employees and subcontracted employees who work on the job site. It should be noted that even if certain divisions of your company do not actually perform any work for the Federal Government at the job site– they are still subject to OFCPP. For instance if a business or organization is a single entity and they are performing work in the state of Texas for the Federal Government, employees who are not working on the project and who live in Maine are still subject to the equal employment laws that are enforced by the OFCCP.

To determine “single entity” the OFCCP uses the following guidelines:

• Do the entities have the same officers and directors

• Are the entities owned by the same person(s)

• Does one entity have control over the other entity

• The personnel policies of the entities come from the same source

• The entities are dependent upon each other – offices, service and management

You should know that your company does not have to meet all five of the factors listed to be considered a single entity. The ones that you do meet will be judged against the ones you do not meet. Weight will be given and judgment will be made by the OFCCP.

Author: RedBox Tools, Inc.