Mark A. Linscott

Mark Linscott is an associate in the Labor & Employment Law Department and assists clients with a wide range of labor and employment law matters.

Firm/Organization: Proskauer Rose LLP

Blogs: Government Contractor Compliance & Regulatory Update, Law and the Workplace

Latest Articles

Government Contractor Compliance & Regulatory Update

OFCCP Proposes Changes to the Self-Identification of Disability Form

By Guy Brenner & Mark A. Linscott

October 7, 2019

On October 3, 2019 OFCCP submitted a request to the Office of Management and Budget for approval of proposed changes to its Voluntary Self-Identification of Disability Form. OFCCP explained that it had proposed the changes “in an effort to increase the response rate on the form.” The proposed changes include: Removing the reasonable accommodation notice; Expanding the language under the “Why are you being asked to complete this form” section; Revising and alphabetizing the disability…

Government Contractor Compliance & Regulatory Update

GAO Report Assesses OFCCP Progress and Indicates Annual AAP Collection Not Far Off

By Guy Brenner & Mark A. Linscott

September 27, 2019

The Government Accountability Office (GAO) recently released a report (the “2019 Report”) evaluating the Office of Federal Contract Compliance Program’s (OFCCP) implementation of the GAO’s 2016 and 2017 recommendations for improving oversight of contractor compliance. The 2019 Report concludes that OFCCP has implemented only 4 of the GAO’s 11 recommended changes. The key findings and recommendations in the GAO’s 2019 Report are described below, but perhaps the most interesting aspect of the 2019 Report is…

Law and the Workplace

EEOC Will Not Seek to Renew Component 2 (Pay and Hours Data) Requirements for Future EEO-1 Reports

By Guy Brenner, Kate Gold & Mark A. Linscott

September 12, 2019

The EEOC announced today, September 12, 2019, that it “is not seeking to renew Component 2 of the EEO-1” in a notice published on the Federal Register. As we have previously reported, Component 2 of the EEO-1 report requires employers with over 100 employees to report its employees’ compensation and hours worked (sorted by pay band, job category, race ethnicity, and gender). The Obama Administration initially adopted the addition of Component 2 reporting requirements,…

Government Contractor Compliance & Regulatory Update

OFCCP’s Second Opinion Letter: Contractors Can Seek Advance Approval of PAGs, But…

By Guy Brenner & Mark A. Linscott

August 6, 2019

On July 22, 2019, OFCCP issued its second published opinion letter addressing whether “contractors can work with OFCCP to develop a PAG [Pay Analysis Grouping] structure that OFCCP would accept as valid for use in future OFCCP audits.” PAGs are groupings of what should be similarly-situated employees or positions used by OFCCP for compensation analysis purposes. OFCCP will compare employees within PAGs to determine whether there are statistical indicators of discrimination. For obvious reasons, the…

Government Contractor Compliance & Regulatory Update

OFCCP Revises Proposed Audit Scheduling Letters

By Guy Brenner & Mark A. Linscott

July 26, 2019

Quick Hit: On June 28, 2019 The Office of Management and Budget (“OMB”) published notice that “OFCCP seeks to revise the letters used to schedule compliance evaluations.” As we previously reported, OFCCP proposed changes to its audit scheduling letters in April 2019 and accepted public comments through June 11, 2019. In light of the comments it received, OFCCP has revised its proposed letters and reduced some of the new requirements included in its April…

Government Contractor Compliance & Regulatory Update

OFCCP’s First Published Opinion Letter: Pell Grants Do Not Make Universities Federal Contractors

By Guy Brenner & Mark A. Linscott

June 5, 2019

On May 23, 2019, OFCCP issued its first published opinion letter addressing whether universities and other post-secondary higher educational institutions become covered federal contractors by serving as a “conduit” for Pell Grants. According to the OFCCP, “solely serving as a conduit for Pell Grants does not render a post-secondary higher education institution a covered federal contractor…” The opinion letter’s conclusion is not surprising, but given the dearth of clear guidance it provides institutions of higher…

Government Contractor Compliance & Regulatory Update

OFCCP Proposes Changes to Audit Scheduling Letters

By Guy Brenner & Mark A. Linscott

April 17, 2019

Quick Hit: OFCCP recently issued a request to the Office of Management and Budget (“OMB”) seeking approval of changes to its “scheduling letter, compliance check letter, [] Section 503 focused review letter… [and] approval for a new VEVRAA focused review letter.” OFCCP states the revised letters will “provide OFCCP an efficient option to monitor contractor compliance by reaching a greater number of contractors with existing resources with a smaller contractor burden imposed during each check.”…

Government Contractor Compliance & Regulatory Update

OFCCP Announces 2019 Veteran Hiring Benchmark

By Guy Brenner & Mark A. Linscott

March 27, 2019

On March 27, 2019 the Office of Federal Contract Compliance Programs (“OFCCP”) released its 2019 Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”) Benchmark. Effective March 31, 2019 the new benchmark is 5.9%, a slight decrease from 2018’s 6.4% benchmark. This is OFCCP’s fifth reduction of the benchmark, which has steadily declined since its inception in 2014. The VEVRAA Benchmark is the figure which federal contractors must use to assess the effectiveness of their outreach programs for the…

Government Contractor Compliance & Regulatory Update

BREAKING: OFCCP Selects Contractors For 2019 Audits

By Guy Brenner & Mark A. Linscott

March 26, 2019

On March 25, 2019 OFCCP posted the 2019 CSAL list on its FOIA website, identifying contractors selected for compliance evaluations. Contractors should check OFCCP’s FOIA website immediately to confirm if they have been scheduled for a compliance review, a Section 503 Focused Review, or an Affirmative Action compliance check. As we have previously reported, contractors will no longer receive notification that they have been selected for a compliance review through the mail. If…

Law and the Workplace

The Regulation of Employers’ Workplace Violence Prevention Programs Under OSHA’s General Duty Clause

By Gillian Egan & Mark A. Linscott

March 15, 2019

Last week, Gillian had the distinct pleasure of attending the ABA Occupational Safety and Health Law Meeting in sunny and beautiful San Juan, Puerto Rico. The meeting included more than a dozen presentations and panels on workplace safety put on by management and union lawyers, OSHRC Commissioners, the Solicitor of Labor’s office, safety professionals, administrative law judges, and others. The three days of discussions provided a wealth of important information on compliance with government safety…

Mark A. Linscott

OFCCP Proposes Changes to the Self-Identification of Disability Form

GAO Report Assesses OFCCP Progress and Indicates Annual AAP Collection Not Far Off

EEOC Will Not Seek to Renew Component 2 (Pay and Hours Data) Requirements for Future EEO-1 Reports

OFCCP’s Second Opinion Letter: Contractors Can Seek Advance Approval of PAGs, But…

OFCCP Revises Proposed Audit Scheduling Letters

OFCCP’s First Published Opinion Letter: Pell Grants Do Not Make Universities Federal Contractors

OFCCP Proposes Changes to Audit Scheduling Letters

OFCCP Announces 2019 Veteran Hiring Benchmark

BREAKING: OFCCP Selects Contractors For 2019 Audits

The Regulation of Employers’ Workplace Violence Prevention Programs Under OSHA’s General Duty Clause

Stay Connected

Company

Support

New to the Network