Hunton Employment & Labor Perspectives

Federal contractors and subcontractors were just required to file their 2013 VETS-100 and VETS-100A Reports by September 30th.  Going forward, those forms are being replaced by a new form – the VETS-4212 Report.  The Veterans’ Employment and Training Service (VETS)  has published a Final Rule that implements the changes.

As of 2015, covered contractors will now file the “VETS-4212 Report.”  “4212” refers to Section 4212 of VEVRAA, the Vietnam-Era Veterans Readjustment Assistance Act of 1974, as amended, Section 4212 provides equal employment opportunities for veterans, and requires covered contractors to take affirmative action to employ veterans in their workforces.

Only Government contracts and subcontracts of $100,000 or more that were entered into, or modified, after December 1, 2003 give rise to the VETS-4212 Report obligation.  The Final Rule rescinds the regulations that imposed reporting requirements on contracts from before December 1, 2003 (41 CFR Part 61-250).  VETS deems those regulations “obsolete”, since federal contracts are typically limited to a five-year period.

The Department of Labor (DOL) says the new report will reduce the “paperwork burden” for contractors.  Instead of reporting newly hired and incumbent veterans in a number of distinct veteran categories, total numbers of “protected veterans” will be required.  The aggregate “protected veterans” numbers include the following categories of veterans: disabled veterans, active duty wartime and campaign badge veterans, Armed Forces service medal veterans, and recently separated veterans. Aggregated numbers will present a more accurate record of veteran employment, since veterans previously could be double-counted in more than one individual category.

Contractors must also add a reference to the reporting clause in their government subcontracts as contracts are entered into, modified, renewed and extended. The clause can be included by citing to 41 CFR Part 61-300.10.

The information reported will be used by the DOL to gauge yearly trends in veteran employment, such as unemployment rates and job categories where they work.