Public Resource Center

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The finale of the 2023 DE Masterclass Employment Law Roundtable series is now quickly approaching. We are ending our 2022 series with a bang by focusing on one of the most convoluted of the several widely misunderstood and important OFCCP AAP conundrums: What is the proper footprint, architecture, and construction of your AAPs in our fast-changing world?

Many employers built their AAP foundations and architectures in the 1980s, 1990s and just after 2000 – and many AAP developers remain frozen building on these aging foundations. All Executive Order 11246 OFCCP AAP architecture is based on regulations from 1972 and 2000, respectively when all employees and managers typically worked together all under one roof in a large brick and mortar building perhaps also supported by a remote warehouse and/or self-contained manufacturing campus. With the AAP architecture remaining much the same since adoption, OFCCP Rules have failed to keep pace with the modern marketplace, let alone the future unfolding global economy.

During this webinar, our hosts will provoke considerations including:

First, what is OFCCP’s definition of an “AAP Establishment?” (Spoiler alert, there is not a clear cut definition, yet AAPs are built around this definition, OFCCP audits revolve around that definition and now some contractors even voluntarily file annual listings of their “AAP Establishments” in OFCCP’s AAP Verification Portal.)

Second, what OFCCP meant, and why it meant it, when the Clinton OFCCP wrote what in 2000 was a brilliant 41 CFR Section 60-2.1(d)&(e) advising contractors which employees to put into which AAPs.

Third, what in the world was/is OFCCP talking about as to employees hired and/or working outside the U.S when it wrote 41 CFR Section 60-1.5(a)(3) in 1972 exempting certain “contracts” (not employees) from OFCCP’s Rules as to “work outside the United States”?

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