New regulations from the Veterans' Employment and Training Service ("VETS") require that federal contractors begin recording data for the new VETS-100A filing by August 31, 2008. These new regulations, which implement changes made by the 2002 Jobs for Veterans Act, raise the dollar amount for government contracts that trigger a reporting obligation and revise the categories of covered veterans that employers are required to track. By September 30, 2009, covered federal contractors and subcontractors must file the new VETS-100A Report, detailing their employment of select categories of veterans over a twelve month period.

Who Must File a VETS Report?

All federal contractors and subcontractors who enter into or modify a contract on or after December 1, 2003, valued at $100,000 or more, must file the new VETS-100A report. For contracts entered into before December 1, 2003, valued at $25,000 or more, employers must continue to file the older VETS-100 Report. Companies with federal contracts falling into both categories are required to file both forms.

What Categories of Veterans are Included in the VETS-100A Report?

The older VETS-100 Report required employers to track special disabled veterans, Vietnam-Era veterans, and other eligible veterans. The new VETS-100A report modifies those categories, requiring the following types of veterans to be tracked and reported:

• Disabled Veterans: Any veteran entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Secretary of Veterans Affairs, or a person who was discharged or released from active duty because of a service-connected injury.
• Other Protected Veterans: A veteran who served on active duty during a war in a campaign or expedition for which a campaign badge has been authorized. Information required to make this determination can be obtained at http://www.opm.gov/veterans/html/vgmedal2.htm.
• Armed Forces Service Medal Veterans: A veteran who, while serving on active duty, participated in a U.S. military operation for which an Armed Forces service medal was awarded pursuant to Executive Order 12985. A listing of such operations can be found at http://www.opm.gov/veterans/html/vgmedal2.asp.
• Recently Separated Veterans: A veteran discharged or released from active duty in the U.S. military within the preceding three years.

Veterans fitting into more than one defined category must be counted in each category. Employers must report the total number of current employees and new hires (within the past twelve months) that meet these requirements.

How Should Veteran Employees' Information be Gathered?

Employers are given little guidance on how to obtain VETS-100A information from their employees. Individual employers are left to determine the best way to survey their current workforce and prepare a questionnaire for new hires. Covered employers are required to report twelve consecutive months of data by September 30, 2009, so they should begin to gather this information no later then August 31, 2008. Please contact any member of Schiff Hardin's Labor and Employment Group for assistance in determining the best method for surveying your workforce.

Where Can the VETS-100A Report be Obtained?

A copy of the VETS-100A Report can be obtained online at http://edocket.access.gpo.gov/2008/pdf/E8-10916.pdf.

Where Should the VETS-100A Report be Submitted?

The VETS-100A Report may be sent to the U.S. Department of Labor, Veterans' Employment and Training Service, VETS-100 Reporting Office, 4200 Forbes Blvd., Suite 202, Lanham, MD 20706 or submitted online at http://vets.dol.gov/vets100/.