by Beginning April 2025, many employers with federal construction contracts or federally assisted construction contracts will need to submit monthly employee reports to the Office of Federal Contract Compliance Programs (OFCCP). The Monthly Employment Utilization Report, or Form CC-257, requires current data on construction employee work hours and employee count by race, gender, and trade for contracts or subcontracts in excess of $10,000.
Human Resources teams should review the requirements and establish processes to gather the information needed to complete the reports. It may be necessary to work with the company’s legal team to identify federal construction contracts and federally assisted construction contracts. A direct federal construction contract is an agreement directly with the federal government for construction services through one of its agencies. For example, a construction contract awarded by the General Services Administration to build a federal courthouse would constitute a direct federal construction contract. A federally assisted construction contract is an agreement for construction services paid for in whole or in part with funds obtained from the federal government but where the federal government is not a party to the construction contract. An example of a federally assisted construction contract could be a construction contract funded by federal grants to states under the federal Bipartisan Infrastructure Law.
Covered employers will need to provide the following information in the monthly report:
- Federal Contractor or Subcontractor Information: This includes the contractor’s name, registered address, Employer Identification Number (EIN), and Unique Entity ID (UEI) or Data Universal Numbering System (DUNS) number.
- All Federal Funding Agencies: The names of all federal government agencies funding the project, in whole or in part.
- The Reporting Period: The employee counts and work hours for each calendar month must reflect the count on the last day of the month.
- The Certifying Company’s Official Contact Information and Signature: The company official submitting the report must provide the name, title, phone number, email address, signature, date, and certification of the information’s accuracy.
- Number of Covered Areas with Projects During the Reporting Period: The number of standard metropolitan statistical areas (SMSA) or economic areas (EA) where the contractor has federal or federally assisted construction projects during the reporting period. The geographic areas identified are required under 41 CFR 60-4.2. Form CC-257 asks for information, sorted by each SMSA or EA, including:
- Project Type: Whether the company performed work on a project designated by OFCCP as a Megaproject through its Mega Construction Project Program.
- Type of Entity: Whether the contractor is a prime contractor, subcontractor, or both.
- Total Employee Count: The total number of trade employees in each trade by race, gender, and classification (e.g., foreperson, journey workers, apprentices, trainees, and non-apprenticed laborers or helpers) at the end of the reporting period. The form uses the same race and ethnicity classifications used on the EEO-1 form.
- Total Work Hours: The total construction work hours performed for each trade by race, gender, and classification (e.g., foreperson, journey workers, apprentices, trainees, and non-apprenticed laborers or helpers) for the entire reporting period (up to one decimal, in six-minute increments).
The OFCCP website provides additional details on the monthly report, including the method of submission: https://www.dol.gov/agencies/ofccp/faqs/cc257.
