OFCCP has said that it will issue final rules in May 2016 requiring federal contractors and subcontractors to submit electronic pay data.  This rule has been highly controversial since it was first proposed in 2011.  Currently there is no obligation for contractors to submit pay data to OFCCP except in the course of an affirmative action compliance review.  The proposed rule would require contractors with 100 or more employees and federal contracts or subcontracts totaling $50,000 or more to submit summary compensation data by race, ethnicity, and sex annually.  The  data would then be aggregated by industry groups and published on OFCCP’s website in a format that would not identify any contractor.  Members of the public, including competitors, could then review the industry data.  OFCCP argues that the data will be useful for contractors that want to benchmark and make compensation adjustments.  Employees could also view the data for purposes of determining if they believe they are underpaid.  While the published data will be anonymized, OFCCP has not published any particulars on how the raw data traceable to each contractor will be secured from inadvertent disclosure or intentional data breaches.  Given the fact that these final rules have been delayed twice already, there is a possibility that these final rules will be delayed further once May 2016 arrives.

OFCCP has also promised a final rule yet this year updating its sex discrimination rules and updated construction contractor regulations by May 2016.