The Vietnam Era Veterans’ Readjustment Act of 1972, 38 USC §4212 (“VEVRAA”), requires federal contractors and subcontractors covered by VEVRAA’s affirmative action provisions to report annually to the Secretary of Labor the number of employees in their workforces, by job category and hiring location, who are qualified covered veterans. VEVRAA also requires federal contractors and subcontractors to report the number of new hires during the reporting period who are qualified covered veterans.
The report required is either the VETS-100 or VETS-100A report.
The VETS-100 report is required of contractors and subcontractors that have federal contracts of least $25,000 entered into prior to December 1, 2003.
The VETS-100A report is required of contractors and subcontractors that have federal contracts of at least $100,000 entered into on or after December 1, 2003.
For both reports an employer uses employment data from any one payroll period in July or August of the current year. The report can be filed online. The VETS100-100A Federal Contract Reporting website, which includes instructions, answers to frequently asked questions, and the report form, is located at http://www.dol.gov/vets/programs/fcp/main.htm.
Normally, the requirement is for contractors submit to this report by September 30. However, because DOL changed the report and that changed form was not ready for use in the normal filing timeline, for 2011 only the deadline for submitting the VETS-100 or VETS-100A report is December 30, 2011. The ollowing message is posted on the DOL/VETS website:
“Contractors may now submit their VETS100 and/or VETS100A reports using the VETS100 reporting application for the 2011 filing cycle. Contractors must use the 2011 form provided below (see Forms Section).
While the filing cycle timeframe has changed, the timeframe for information used to complete a VETS100/100A report (known as the reporting period) will still remain the same. Question 16 in the FAQs provides more information about the reporting period.
Contractors will have up to 60 days to submit their report(s) from November 1, 2011 to December 30, 2011. Reports will not be accepted for the 2011 filing cycle after December 30, 2011.”
Timely filing of the VETS100 and/or VETS100A report is critical, as the DOL makes clear: “Federal contracting agencies are prohibited from obligating or expending funds to enter into a contract covered by VEVRAA with a contractor from which a VETS-100 or VETS-100A Report was required with respect to previous fiscal year if such contractor did not submit such report.”
Remember that there are many other labor, employment and benefit issues related to veterans, such as various veteran-focused employment initiatives and military leave under USERRA and state law.
Thanks to the Bullard Law Firm for this memo!