South Carolina Lawyer Discusses OFCCP’s Revised Directive on Compensation Compliance

In an interview with SHRM, Sheila Willis breaks down what employers need to know about the Office of Federal Contract Compliance Programs (OFCCP) revised directive on compensation compliance. The new directive addresses concerns that a prior version intruded upon communications protected by attorney-client privilege.

Sheila explains that the revised directive provides three alternative nonprivileged documentation federal contractors can supply to the agency during a compliance audit. These include:

• Providing a redacted version of a review, removing the confidential and privileged portions.
• Conducting a new, separate audit that is not privileged.
• Providing the OFCCP with an affidavit regarding compliance.

"Contractors should ensure that, when reviewing their compensation systems, they have a privileged and nonprivileged approach to demonstrating their compliance obligations or that they plan to create a second, nonprivileged analysis that they may provide to OFCCP," Sheila added.

To read the article visit SHRM.