america’s job exchange 400 minuteman road, andover, ma 01810 preparing for job listing and...

America’s Job Exchange

400 Minuteman Road, Andover, MA 01810

www.americasjobexchange.com

Preparing for Job Listing and Outreach in the Post-Election Compliance Landscape

15th Annual Compliance Conference • Phoenix, AZ • November 16, 2012

Rathin SinhaPresident, America’s Job Exchange

Visit www.americasjobexchange.com/employer or Call 1-866-923-6284

Disclaimer

Not a legal advice. The presentation is intended only to stimulate discussions among job board operators and users relating to the recent developments and proposed

regulatory changes at the Office of Federal Contract Compliance Program (OFCCP).


Increased Prominence

• New leadership

• Budget increase

• Staff Increase

Heightened Enforcement

• Higher incidents of audits

• Aggressive litigation

• Larger penalties

The OFCCP has been active during the initial term of the Obama administration.

An Engaged OFCCP

Sources 1

Video speech at the National ILG Conference in Hawaii, 2012; http://www.dol.gov/ofccp/addresses/Director_address_NILG_Aug302012.htm

“Under the Obama administration, OFCCP compliance officers have

reviewed more than 15,000 companies that do business with the U.S.

Government. During that period, we've recovered $38 million in back wages

and more than 8,000 potential job offers for nearly 80,000 workers...”

-Patricia Shiu, Director, OFCCP1

http://www.dol.gov/ofccp/addresses/Director_address_NILG_Aug302012.htm




Protecting the benefits of wage earners/job seekers remains its primary agenda.

Protecting Employee Rights

Sources 1

http://www.dol.gov/ofccp/addresses/Director_address_NAWBO_Mar292012.htm

2 http://www.dol.gov/ofccp/about/ofccp_career.htm

3 http://www.law360.com/articles/375429/ofccp-s-regulatory-agenda-has-contractors-seething

4http://www.employmentlawdaily.com/index.php/2012/04/23/in-this-election-year-ofccp-and-federal-contractor-community-at-war-says-expert-john-fox /

President Obama, Secretary Solis and I believe that a 21st century American workforce ought to look like, sound like and truly reflect 21st

century America.1

President Barack Obama and Secretary of Labor Hilda Solis have made OFCCP's work a priority for this Administration and, as a result, the office

is expanding.2

Obama’s OFCCP has proposed 10 major rule changes — far more than the four changes the regulator pushed during the Bush

administration.3

The OFCCP is on a war footing... The “battle stations” in this war include the agency’s pending regulatory revisions, litigation, audits, and action on

Capital Hill.4



http://www.dol.gov/ofccp/about/ofccp_career.htm

http://www.dol.gov/ofccp/about/ofccp_career.htm

http://www.law360.com/articles/375429/ofccp-s-regulatory-agenda-has-contractors-seething

http://www.employmentlawdaily.com/index.php/2012/04/23/in-this-election-year-ofccp-and-federal-contractor-community-at-war-says-expert-john-fox/




Strengthening Regulations

The OFCCP has proposed new regulations and changes to current regulations.

To improve employment opportunities for veterans and protected veterans

To improve employment opportunities for individuals with disabilities

To improve employment opportunities for women and minorities in the construction

To combat pay discrimination and develop new compensation data collection tool

To evaluate revisions to the guidelines on sex discrimination

To emphasize data collection, analysis , and data-driven review to track progress


Slow Implementation

Publication of the final regulations and actual implementation remains incomplete.

Regulatory changes proposed in Federal Register

Public comments (NPRM) and feedback collected

Review of the public comments completed (?)

Discussions and hearing with OMB completed (?)

Timing of publication of final ruling NOT announced

Timeline of implementation NOT announced


Post Election Acceleration

Continuity of the administration and no changes in DOL/OFCCP leadership will accelerate implementation.

Major focus to improve employment opportunities for the veterans and individuals with disabilities

Strict enforcement of compensation parity and possible development of compensation tool

Implementation of new scheduling letter with itemized information and expanded data tracking

Detailed adverse impact analysis, new compliance manual, focus on construction

Aggressive enforcement and audits with expanded coverage for first time contractors and SMB


Job Posting and Outreach • Mandates specific methods of internet job postings and distribution

• Mandates additional outreach with community based organizations

Data Collection and Tracking• Pre-employment data collection for protected groups

• Effectiveness of recruitment efforts by source of candidates

Analytics and Record keeping• Analysis of candidate availability and actual hiring, compensation

• Annual review of recruitment efforts relative to goals and benchmarks

Changes related to recruitment of veterans and persons with disabilities can be grouped in three major areas.

Essence of Changes in Recruitment


Requires Specific Recruitment Efforts

Must engage in specific number of outreach and recruitment programs

Send job listings to the local employment service offices e.g. 1-stop centers

Develop and maintain ongoing relationship with local Veterans Representatives

Enter linkage agreement with listed organizations for recruitment and training

Consult with Employer Resources Section of the National Resource Directory

Recruitment Outreach for Protected Veterans


Requires Enhanced Data Collection and Tracking

Initiate requests to have candidates self identify prior to job offer and post

Track number of referrals from the state employment service delivery systems

Track ratio of protected veteran referrals collected as well as total referrals

Track number of total applicants and those who identified as protected veterans

Track number of total hires, as well as hires who identified as protected veterans

Number of job openings and number of jobs actually filled by division and location

Data Collection and Tracking


Requires Enhanced Reporting and Data Analysis

Proof of job posting outreach to the appropriate state employment delivery system, veteran groups and CBO

Analysis and reporting of views and applies to the job opening from various sources e.g. job boards, state employment system etc

The ratio of priority referrals of veterans to total (referral ratio); protected veteran applicants to total (applicant ratio)

The ratio of protected veteran hires to total hires (hires ratio); ratio of jobs filled to job openings (job fill ratio)

Annual review of recruitment efforts and related data analysis to establish hiring benchmark and assess progress

Enhanced Analysis and Reporting


Requires Specific Recruitment Efforts

Must engage in a minimum number of outreach and recruitment programs Send job listings to the local employment One-Stop Career Center Maintain ongoing relationship with local State Vocational Rehabilitation Agency Enter linkage agreement with listed organizations for recruitment and training Consult with Employer Resources Section of the National Resource Directory

Enhanced Data Tracking and Analysis

Initiate requests to have candidates self identify prior to job offer and collect data Track number of referrals from the state employment service delivery systems Track ratio of disability referrals to total referrals & maintain data for 5 years Establish 7% as a hiring goal for this group and conduct annual review of progress

Proposed Changes for Individuals with Disabilities


Changes in Systems and Processes

Career Site, ATS, HRIS, AAP/EEO-1/VETS-100 Submittals

Cost of Expanded Outreach

Direct cost and adminsitrative burden of job postings

Data Collection and Tracking

Collect, manage expanded set of data; protect for privacy

Complexity/Inconsistency of Enforcement

Individual interpretation of regulations

Federal contractors are already feeling the challenge of compliance in the post AJB era. The proposed changes impose additional requirements.

Impact on Contractors


Job Posting Outreach by AJE

Job Opening


Job Outraech Reporting

Create reports for the company as a whole or for

specific locations or subsidiaries.

Reports can be saved and exported to PDF and Excel.

Detailed outreach and distribution information, including

delivery method and date and time stamp.


Job Records Reporting

Links to job descriptions on AJE exchange sites along with links to outreach

partner sites.

Individual job records provide the details on distribution to our network partners and the

states.


More Job Records Reporting

Links to emails and CSV files as evidence of distribution to community partners

and state one-stop offices.

Jobs manually posted to the states include the state confirmation ID in your report.


Results by Recruitment Effort

Job traffic results are available in total or by source for

all of AJE’s traffic sources.


The AJE solution is used hundreds of leading brands for recruitment compliance

Total Solution from AJE


Accelerated pace of changeThe OFCCP is expected to continue and possibly expand its enforcement while implementing new regulations

Contractors must prepareFederal contractors must stay prepared at all times to effectively navigate through the changes

Focus on key itemsIt is important to work with third party service providers who bring solutions, expertise and cost advantage

We at AJE can help youSince the days of the America’s Job Bank program, AJE has been helping contractors with recruitment and compliance

The election has affirmed continuity of the administration and policies; and a new normal has been established by the OFCCP.

Final Thoughts

For more information, please contact:

Thank You

Rathin Sinha

[email protected]

mailto:[email protected]

america’s job exchange 400 minuteman road, andover, ma 01810 preparing for job listing and...

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