Hunton Employment & Labor Perspectives

The Veterans’ Employment and Training Service (VETS) of the Department of Labor (DOL) just posted a “Special Announcement” delaying the 2011 VETS-100/100A Filing Cycle.

Typically, covered employers are required to submit the VETS-100 and VETS-100A Reports annually by September 30.  The forms identify the number of protected veteran employees and new hires in the workforce.  This year, the Department had announced a plan to accept electronic submissions of the reports effective August 1, 2011.  Unfortunately, technical problems have interfered with the electronic filing.  Contractors presently cannot register or file for the 2011 cycle.

VETS “is aware of this issue and is working to correct it.”  It expects to have the problem resolved in the next 60 days.  The electronic system should be online October 1, 2011.

Because of these issues, the DOL has said it will not initiate enforcement actions against contractors who submit the VETS 100/100A reports between October 1, 2011 and November 30, 2011.

The VETS-100 and VETS-100A Reports

The VETS reports are required by the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (“VEVRAA”), 38 U.S.C. § 4212(d).  VEVRAA was amended by the Jobs for Veterans Act in 2002.  The criteria for the reports are as follows:

• companies with a federal contract or subcontract of $25,000 or more, that was entered into before December 1, 2003, must file a VETS-100 Report, which tracks:
  • special disabled veterans
  • Veterans of the Vietnam era
  • Recently separated veterans (within one year of service)
  • Other protected veterans (campaign badge veterans)
• companies with a federal contract or subcontract of $100,000 or more, that was awarded or modified after December 1, 2003, must file a VETS-100A Report, which tracks:
  • disabled veterans
  • Armed Forces service medal veterans
  • Recently Separated veterans (within three years of service)
  • Other protected veterans (campaign badge veterans)

Companies with contracts falling into both categories must file both the VETS-100 and 100A Reports.  The veterans categories are defined by VEVRAA’s implementing regulations at 41 CFR § 61-250 and 41 CFR § 61-300.

What This Means

Contractors required to file a VETS-100 and/or VETS-100A report should plan to register for online filing after October 1 and must file the applicable form(s) by no later than November 30, 2011.  Unless technical problems persist, or other filing exceptions apply, the DOL may initiate enforcement actions against contractors who fail to file by November 30, 2011.  In addition, VETS-100 and VETS-100A Reports are commonly requested by the Office of Federal Contract Compliance Programs (OFCCP) during a compliance review (audit).