Collegiate Licensee Program Requirements
Category B
For those facilities, Category B licensees take on the
same obligations as Participating Companies. This means they must adopt
the FLA workplace code for those facilities and conduct internal
company monitoring and monitoring by accredited independent external
monitors, in compliance with the FLA's monitoring principles and its
monitoring guidance and benchmarks.
It also means that a public report will be issued each
year on the company's implementation of the FLA standards and the
remedial steps it has taken at its applicable facilities. These
facilities also are subject to the FLA's third party complaint
procedure.
Annual dues for Category B licensees are based on the
company's total revenues from goods licensed by all FLA-affiliated
schools. If these revenues are $100 million or less, a Category B
licensee's dues are $5,000. If these revenues are more than $100
million, dues are $5,000 plus .00001 times revenues in excess of $100
million.
The Monitoring Process
Each company
begins the monitoring process by submitting a plan and electing an
initial implementation period of two or three years. The plan must
describe the company's internal and independent external monitoring
programs. The Charter provides further information about the
designation of applicable brands and the criteria for designating "de
minimis" facilities.
After acceptance of its plan, the company must provide a complete list of its applicable facilities.
Internal Monitoring:
Companies are required to apply their monitoring plan to half of their
facilities during the first year and all of their facilities during the
second and all subsequent years of FLA participation, in accordance
with FLA monitoring principles and guidelines. A key aspect of this
implementation process is a company's regular internal monitoring of an
appropriate sample of their production facilities. The effectiveness
and efficiency of the implementation of the monitoring plan will be
evaluated by the process of external monitoring and by FLA staff
members who will annually visit and audit the company's compliance
programs.
External Monitoring: The FLA will select a
random sample of five percent of a company's applicable facilities to
be subject to Independent External Monitoring (IEM). The entire sample
will be determined from the company's submitted factory list, and the
random sampling methodology will be weighted for risk factors that
include country risk, production process, factory size/number of
employees, and past compliance performance. For Category B Licensees with only one facility, to avoid auditing the same facility each year, there will be a transition to a three-year cycle that includes an IEM audit and then company internal auditing and verification in the following two years.
Costs of External Monitoring
In
order to pay for its IEM visits, a company makes a contribution to a
revolving trust that is based on the IEM sample size. The company
contribution is based on the following formula: Average cost of audit
($4000) x number of applicable facilities. The company pays the
assessment before the monitoring visit, and if the total cost of a
company's IEM visits is less than the company's total contribution to
the trust, then the company can be reimbursed the balance at the end of
the implementation year or roll over the reimbursable funds to the next
implementation year. A non-refundable management fee of
$2,110 will also apply per monitoring visit.
Reporting
Each year the company
submits a report to the FLA describing its activities to implement the
workplace code and monitoring principles and the corrective steps it
has taken to address instances or patterns of noncompliance and prevent
their recurrence in the future. The FLA uses this report and the
monitoring reports of the accredited independent external monitors to
prepare an annual public report on each company (see the Charter for
more detailed information).
Additional Requirements
Category B Licensees are subject to the Special review procedure of company compliance with obligations. Please see the FLA Charter for more information on the Special Review process. Training on labor compliance is required for Category B Licensees whose affiliation is pending and for recently-affiliated Category B Licensees.
