On October 1, 2014, OFCCP released its new compliance evaluation scheduling letter and Itemized Listing. In a recently released FAQ, OFCCP provided guidance concerning federal contractors’ obligations under Item 19 of the Itemized Listing. Item 19 describes the support data that contractors must submit on compensation.
Pursuant to the FAQ, contractors are required to submit the following data electronically, if such files are maintained in an electronic format:
- “Employee level” (i.e. individual) compensation data for all employees. Employee level data must include full-time, part-time, contract, per diem or day labor, and temporary employees.
- Gender, race/ethnicity, hire date, job title, EEO-1 category, and affirmative action plan (“AAP”) job group data in a single file for each employee.
- Other compensation or adjustments to salary (e.g., bonuses, incentives, commissions, merit increases, locality pay, or overtime) for each employee in the workforce analysis/organizational display during the 12-month period preceding the analysis date.
In addition, the FAQ explains that, although not required, OFCCP recommends that federal contractors include:
- Documentation and policies related to compensation practices.
- Additional data on factors used to determine employee compensation, including education, past experience, duty location, performance ratings, department or function, and salary level/band/range/grade.
- Information on each employee’s most recent hire date.
Furthermore, consistent with past agency practice, contractors may provide the initial individual compensation data submission using identifying numbers and without employee names. However, contractors must include employees’ gender, race/ethnicity, hire date, job title, EEO-1 category, and AAP job group.
Lastly, the FAQ notes that under Directive 2008-02, race and ethnicity data may be submitted using the five race and ethnicity categories in 41 C.F.R. Part 60-2 or the seven EEO-1 Report categories. Contractors should verify that they are collecting and retaining in an accessible database the data necessary to submit the additional categories of information required by OFCCP.