On November 25, 2024, the Office of Federal Contract Compliance Programs (OFCCP) announced the reinstatement of the revised Monthly Employment Utilization Report (CC-257). Employers with a federal construction contract or subcontract and/or a federally sponsored construction contract or subcontract valued at more than $10,000 must complete and submit monthly Form CC-257 reports to OFCCP. The first report covers the calendar month of March 2025 and is due April 15, 2025.
OFCCP discontinued use of Form CC-257 in December 1995 because the reports were burdensome for employers to prepare and the information provided appeared not to be used by the agency. When the OFCCP asked the Office of Management and Budget for permission to resume collecting this information, it argued that it was able to use electronic systems to review Form CC-257 reports to “enforce enforcement, “Strengthen OFCCP’s outreach and compliance support activities.” , And [. . . ] Help the agency better fulfill its mission to protect construction workers as employment discrimination continues to be a problem in the construction industry.” In February 2024, OFCCP released its proposal to reinstate a revised version of Form CC-257 into the Federal Register and requested public comments until April 23, 2024. The OMB approved Form CC-257 in September 2024.
Form CC-257 is valid for a full calendar month and is due by the 15th of the following month. If this date falls on a weekend or a public holiday, the report is due on the following working day. Form CC-257 requests the following company profile information:
- Information about federal contractors or subcontractors: This includes the (sub)contractor 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 U.S. government agencies funding the project in whole or in part.
- The reporting period: The employee counts and works monthly for each calendar month. The employee numbers provided must reflect the number of employees on the last day of the month.
- The official contact information and signature of the certifying company: The name, title, telephone number, email address, signature, date and certification of the accuracy of the information must be provided by the company employee submitting the report. A typed signature is acceptable.
- Number of areas covered with projects during the reporting period: The number of Standard Metropolitan Statistical Areas (SMSA) or Economic Areas (EA) in which the (sub)contractor carried out projects during the reporting period. The identified geographic areas are required by 41 CFR 60-4.2.
Form CC-257 requests the following information reported by each SMSA or EA (“Area Covered”):
- Project type: Whether the company has performed work on a project designated as a megaproject by OFCCP under its Mega Construction Project Program.
- Type of entity: Whether the contractor is a main contractor, a subcontractor or both.
- Total number of employees: The total number of trade employees in each trade, by race, gender and classification (e.gforemen, travel assistants, apprentices, interns and unskilled workers or unskilled workers) at the end of the reporting period. The form lists the same racial and ethnic classifications used in the EEO-1 form.
- Total working hours: The total construction labor hours for each trade by race, gender and classification (e.g., foremen, travel helpers, apprentices, interns and unskilled workers or unskilled workers) for the entire reporting period (up to one decimal place, in 6-minute increments).
- Optional comments: This field can be used to share additional context about the submission. It can be used to report headcount and hours worked information for non-binary employees.
Contrary to some predictions that Form CC-257 would be filed through a portal or website, Form CC-257 must be filed either by emailing an Excel report to ofccp-construction@dol.gov (from OFCCP specified as preferred method) or by submitting a PDF version to ofccp-construction@dol.gov or by mail to: United States Department of Labor, Office of Federal Contract Compliance Programs Division of Program Operations 200 Constitution Ave NW, Room C-3325 Washington, DC 20210. OFCCP says it will provide “strong compliance support and outreach, including a webinar OFCCP is planning for early 2025” and its help desk to answer questions or provide technical assistance to provide.
In its notice proposing reinstatement of the form, OFCCP estimated that it would take an average of 1.5 hours per month for a contractor or subcontractor to file Form CC-257. Like the OFCCP's new construction planning letter and itemized listing, the OFCCP has significantly underestimated the time required to submit monthly reports on Form CC-257, particularly if the contractor or subcontractor does not have one or more electronic records systems covered areas (SMSAs or Covered Areas EAs).
Next Steps
Contractors and subcontractors should work with their human resources (HR) team and experienced consultants to understand their responsibilities and their current electronic record-keeping systems and develop a plan for submitting monthly Form CC-257 reports, including modifying their electronic record-keeping systems and the Hiring additional HR staff and/or revising work assignments.
It is unknown whether the new Trump administration will maintain this new commitment or how quickly it will withdraw it. We will monitor and report on the agency's actions as the first April 2025 deadline approaches.