[author: Dylan Tomsey]
On November 25, 2024, the Office of Federal Contract Compliance Programs (OFCCP) announced a start date for the monthly collection of employment data from construction companies. Construction companies that have contracts or subcontracts that are either with the federal government or receive funding from the federal government will be required to provide this monthly data on Form CC-257.
Reporting Begins in April of 2025
As discussed in our previous blog, on September 29, 2024, the Office of Management and Budget (OMB) had approved OFCCP’s request to allow collection data using Form CC-257. With its November 25 announcement, OFCCP has confirmed how and when construction companies should begin delivery of this form.
The first reports using Form CC-257 will be due to OFCCP on April 15, 2025. Each report will cover the preceding full calendar month and will be due on the 15th of each subsequent month. If the 15th falls on a weekend or federal holiday, the report will be due on the next business day.
Submitting Information to OFCCP
Form CC-257 is not new to OFCCP. A version of this form had been used until 1995. OFCCP asked to reinstate reporting using Form CC-257 earlier this year. By using an updated version of this form, the agency will collect data from construction companies on work hours and employee counts by race/ethnicity, gender, and construction trade for each geographic area where federal construction work is performed.
OFCCP’s announcement states that it intends to collect submissions via email at ofccp-construction@dol.gov. The agency also announced that a webinar will take place in early 2025 to provide additional details on compliance with this reintroduced requirement.
The webpage regarding Form CC-257 indicates OFCCP’s preference to have construction companies report using an Excel version of the form. Construction companies are also allowed to submit a PDF version of the form. While OFCCP prefers to have the form submitted via email, construction companies are also allowed to mail the form to OFCCP.
Additional Information on Form CC-257 and Unresolved Issues
OFCCP has a series of FAQs regarding Form CC-257 that are available from the CC-257 webpage. Construction companies that have questions about this required reporting can contact OFCCP for technical assistance.
DCI’s previous blog regarding Form CC-257 raised a number of issues regarding submission of this report. While several of these issues have been resolved, one key question still remains: what geographic areas must be included in this report? The CC-257 instructions indicate that companies must complete Form CC-257 on all construction trades employees working in a geographic area where the company is doing federal work. However, OFCCP has implied that the form must be submitted for any area with construction work, whether or not it is federal. It remains unclear when or if reporting will be required for geographic areas where there is no current federal work.
DCI will continue to monitor developments on the form as new announcements are made and will be prepared to assist clients with submission as needed.
