Due to COVID-19, NELI will be altering the format of this year’s Affirmative Action Briefing to be a LIVE WEBINAR Conference. The program will be presented over 2 days, with 3 hours of instruction per day.
NOTE: NELI has reduced the price of the Briefing because we are able to offer it in webinar format.
You may participate "live" and/or watch the recording at your convenience. All participants will have access to the recordings.John C. Fox, Esq., Fox, Wang & Morgan, P.C., and Candee Chambers, SPHR, SHRM-SCP, SR. CAAP, DirectEmployers Association, will Co-Chair the Briefing, which will be interactive with faculty actively monitoring all submitted questions so they can interject at the appropriate discussion times.
Thursday November 5: 11:30 am - 2:45 pm (Eastern) (includes 15-minute break)OFCCP Director Craig Leen will join John and Candee two days after the Presidential Election, for a structured discussion of where OFCCP has been since we last met and where it is going, post-election. The Briefing will take the form of a candid back and forth discussion between Director Leen and John and Candee supported by PowerPoints identifying the issues and linking to any records OFCCP may have published in support of the issue. The trio will cover at least the following issues, among others:
Executive Order 13950 and OFCCP’s investigations of alleged unlawfully discriminatory D&I training materials Balancing OFCCP’s obligations to enforce religious discrimination rights with its obligation to protect Lesbian, Gay and Transgender rights OFCCP’s FY 2021 Budget and implications for staffing and program changes What will OFCCP’s policy and enforcement direction be in the next Administration? Plan to rebuild OFCCP’s managerial staff and to train investigators OFCCP’s latest audit list, audit targeting algorithms and proliferation of Compliance evaluations other than Compliance Reviews What lies behind OFCCP’s sudden interest in contractor policies and practices as to “promotions”? A back-door way to get to compensation analyses? Year 4 of cleaning up old Obama-era audits: when does it end? OFCCP’s enforcement record for just finished FY 2020 Why OFCCP’s keen interest in FAAPs and ERPS? What’s in it for sophisticated contractors as to OFCCP’s Ombudsman program? OFCCP’s compensation enforcement plan post-Analogic. Re-boot/Re-set? More of the same? Plan to keep up Solicitor training and education in Title VII law Where to and when Craig Leen? OPM? OOG? The Craig Leen legacy at OFCCP QUESTIONS AND ANSWERS
Friday November 6: 11:30 am - 2:45 pm (Eastern) (includes 15-minute break)Gary Siniscalco, Esq., Orrick and Jay Wang, Esq., Fox, Wang & Morgan, P.C., will join John and Candee for a discussion of the following topics, among others:
What the OFCCP’s policy and enforcement direction will be in the next Administration as John sees it Where is OFCCP today in the great arc of history, and where does that arc show OFCCP heading? Building relationships with OFCCP in the next Administration: do District Directors matter anymore? California’s new Bill 973 resurrecting the Component 2 “hours worked” and “pay data” reporting requirements
- Count employees outside of California towards the threshold of 100 employees which triggers the reporting obligation?
- Does Bill 973 have extra-territorial reach requiring reporting to California of all employees in a company, including those employed outside of California?
- What is the definition of the term “establishment” for reporting purposes as applied to employees who work remotely?
Oracle and OFCCP
- Administrative Law Judge Clark’s recent 280 page opinion and lessons learned about what Title VII requires as to compensation discrimination
- Status of Oracle v. OFCCP in the federal District Court in Washington D.C. (challenging USDOL’s use of an administrative court system)
Solicitor’s Agenda: What else is pending? Status on: OFCCP v. Google; OFCCP v. Enterprise Rent-a-Car; OFCCP v. JP Morgan OFCCP Reform: A proposal about the way OFCCP should be structured and what it’s policy focus should be in the next Administration What is a “promotion” and how to defend an OFCCP audit of “promotions” QUESTIONS AND ANSWERS
Registrations received before October 27
Early Registration Fee: $495.00
Registrations received after October 27
Registration Fee: $545.00 HOW DO WEBINARS WORK?
Webinars are convenient. You participate in the entire conference from your office or home using your computer and your log-in information. This Webinar will feature video and be interactive with an opportunity to submit questions throughout the program. The same link that you use for the "live" webinar will become the recording link approximately 2 hours after the conclusion each day. Every participant will have access to the recording.
HOW WILL WE RECEIVE THE LOG-IN INFORMATION?
You will receive an email from us with log-in instructions. If you do not receive the email within one (1) day of the Webinar, Please contact NELI
CLE AND OTHER CONTINUING EDUCATION CREDIT
Due to the spontaneous nature of this production and time-driven application processes, CLE may be unavailable. However, some jurisdictions will accept self-reporting. We will provide all necessary forms and proof of attendance. HRCI and SHRM recertification hours will be available. Please email us for more information.Please contact NELI for more information.