The Department of Labor’s Veterans Employment and Training Service (DOL-VETS) is currently seeking to renew authorization for the VETS-4212 report, without changes. The current form is not set to expire until April 30, 2024, so the agency has plenty of time to collect public comment and work through the rest of the Paperwork Reduction Act process. Public comment is due by Monday, January 29, 2024.
Somewhat interestingly, as of this writing DOL-VETS does not appear to have submitted materials to Regulations.gov where these items are usually posted, along with supporting materials and a link to upload comments. Instead, the Federal Register notice instructs us to either email, fax, or “snail mail” comments directly to the agency. BCGi does not intend to file comments, but if we did it would absolutely be by fax.
For those who are unfamiliar, federal contractors that are subject to the OFCCP’s veteran AAP requirements (employ 50 or more workers and hold a qualifying federal contract or subcontract valued at $150,000 or more) must also report annually to DOL-VETS on their veteran affirmative action efforts. This is accomplished by filing the “VETS-4212” form reflecting the number of veterans in your workforce (by EEO-1 job category) and total veteran hires made during the previous year. Note that the form also allows contractors to report veteran hires by specific EEO-1 job category, but that level of detail is optional.
Unlike EEO-1 reporting, the VETS-4212 filing cycle has remained stable over the years. Covered employers must choose a date representing the end of a payroll period between July 1 and August 31, and use that date to query HR databases for an employee “snapshot” representing the current workforce demographics. Hiring data is gathered for the 12-month period prior to the chosen snapshot date. Employers are required to then file their reports with DOL-VETS between August 1 and September 30 of each year, using the agency’s online portal.
If you miss the filing deadline, do not panic. DOL-VETS tends to leave the reporting portal “open” until they have to shut it down to gear-up for the next reporting season. In the past, the reporting portal has been left open from the previous year as late as June. There is no penalty for failing to file, and the remedy is to simply start filing, so there is no risk in filing late if you have to. That is not to say we encourage anyone to file late; we do not. But if the filing deadline slipped past you, you can catch up without fear of reprisal.
And if you need help filing your VETS-4212 reports, we happen to know some people who are very good at it. Just drop us a line at BCGi@Biddle.com and we will put you in touch with our experts.