Ch Ch Ch Ch Changes: New VETS-4212 Report Means More Changes for Federal Contractors

29 September 2014 Labor & Employment Law Perspectives Blog

Ch-ch-ch-ch-changes. David Bowie’s familiar refrain has become the motto of federal contractors everywhere as they struggle to keep pace with the numerous regulatory changes and enforcement initiatives currently being advanced by the Office of Federal Contract Compliance Programs (“OFCCP”) and other Department of Labor (“DOL”) divisions. As previously reported, amended regulations regarding affirmative action obligations relative to protected veterans and individuals with disabilities took effect in March 2014. Since that time, contractors have been bombarded with numerous executive orders and proposed rules mandating an increase in the minimum wage paid by certain covered contractors, requiring transparency in compensation and prohibiting retaliation against employees who discuss compensation, requiring the collection of summary compensation data, prohibiting contractors from discriminating on the basis of sexual orientation and gender identity, and requiring contractors to identify labor and employment law violations. Now federal contractors are faced with yet another change.

On September 24, 2014, the DOL’s Veterans’ Employment and Training Service announced a final rule updating the veteran reporting requirements under the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”). This rule rescinds the now “obsolete” VETS-100 reporting requirements applicable to federal contracts and subcontracts entered into before December 1, 2003. The rule also changes the veteran category “other protected veteran” to “active duty wartime or campaign badge veteran” for consistency with the amended VEVRAA regulations. Finally, the rule creates a new VETS-4212 report to replace the existing VETS-100A report used by federal contractors with covered contracts or subcontracts entered into or modified after December 1, 2003.

Under the current veterans reporting approach, contractors are required to file annual reports listing the number of veterans hired and employed in each of the protected veteran categories (e.g., recently separated, disabled, Armed Forces service medal, and other protected veteran). Contractors are allowed to count individuals in more than one category if more than one category applies. The new VETS-4212 report will eliminate this double-counting of a single individual and will require contractors to provide information regarding veteran hires and employees “in the aggregate” instead of listing the number of veterans hired and employed in each of the protected veteran categories. By focusing on the total number of veteran hires and employees, the VETS-4212 report is designed to make it easier for contractors (and the OFCCP) to calculate the actual number of protected veterans hired and employed by contractors.

Veteran reporting will continue to occur between August 1 and September 30 of each year. Contractors should continue to use either the VETS-100 or VETS-100A reports for 2014. Contractors must begin using the new VETS-4212 report in 2015.

For questions regarding the VETS-4212 report or any of the other regulatory changes applicable to federal contractors, please consult your employment counsel.

This blog is made available by Foley & Lardner LLP (“Foley” or “the Firm”) for informational purposes only. It is not meant to convey the Firm’s legal position on behalf of any client, nor is it intended to convey specific legal advice. Any opinions expressed in this article do not necessarily reflect the views of Foley & Lardner LLP, its partners, or its clients. Accordingly, do not act upon this information without seeking counsel from a licensed attorney. This blog is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Communicating with Foley through this website by email, blog post, or otherwise, does not create an attorney-client relationship for any legal matter. Therefore, any communication or material you transmit to Foley through this blog, whether by email, blog post or any other manner, will not be treated as confidential or proprietary. The information on this blog is published “AS IS” and is not guaranteed to be complete, accurate, and or up-to-date. Foley makes no representations or warranties of any kind, express or implied, as to the operation or content of the site. Foley expressly disclaims all other guarantees, warranties, conditions and representations of any kind, either express or implied, whether arising under any statute, law, commercial use or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Foley or any of its partners, officers, employees, agents or affiliates be liable, directly or indirectly, under any theory of law (contract, tort, negligence or otherwise), to you or anyone else, for any claims, losses or damages, direct, indirect special, incidental, punitive or consequential, resulting from or occasioned by the creation, use of or reliance on this site (including information and other content) or any third party websites or the information, resources or material accessed through any such websites. In some jurisdictions, the contents of this blog may be considered Attorney Advertising. If applicable, please note that prior results do not guarantee a similar outcome. Photographs are for dramatization purposes only and may include models. Likenesses do not necessarily imply current client, partnership or employee status.

Related Services

Insights