Improve Compliance and Partner Outreach with the National Labor Exchange

Improve Compliance and Partner Outreach with the National Labor Exchange



Learn how the NLX helps employers meet many of these recruitment regulatory compliance requirements and how you can leverage your company’s engagement in the NLX to expand and improve your own ...

Learn how the NLX helps employers meet many of these recruitment regulatory compliance requirements and how you can leverage your company’s engagement in the NLX to expand and improve your own organization’s recruitment partner outreach. Understand how employers can more effectively partner with state workforce agencies to improve the employment outcomes of veterans, while achieving compliance at the same time.



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    Improve Compliance and Partner Outreach with the National Labor Exchange Improve Compliance and Partner Outreach with the National Labor Exchange Presentation Transcript

    • Jolene JefferiesDirectEmployers AssociationVice President, Strategic PartnershipsNita BeecherMercer NetworksLeader, Workplace Compliance and ELLGPam GerassimidesNASWAAssistant Executive Director
    • • Introduction of Facilitators: Nita Beecher, Mercer Networks Jolene Jefferies of DirectEmployers Association (DE), Co-Chair of RRCC Pam Gerassimides of the National Association of State Workforce Agencies (NASWA)
    • Today’s Agenda:1. Find out what’s next for the OFCCP, the predicted timelines for theproposed regulations for veterans and individuals with disabilities, andrecent recruitment compliance activity2. Learn how the NLX can help you improve outreach to veterans,individuals with disabilities, and other diversity groups3. Understand how to utilize the tools offered by the NLX to helpemployers and states track recruitment outreach and effectiveness4. Discover how your company can take advantage of the no-costworkforce development and employment services provided toemployers to help you more effectively hire veterans
    • • OFCCP proposed changes to VEVRAA in April 2011• Stakeholders filed comments in July 2011 on proposed VEVRRA, nowSection 4212 changes• OFCCP proposed “game-changing” revisions to Section 503 in Decemberof 2011• Stakeholders filed comments in February 2012• Now that OFCCP has rescinded its 2006 compensation standards it isexpected that final regulations on Section 4212 could issue any dayalthough as of this week OFCCP has not submitted the final changes toOMB• OFCCP was previously told by OMB to respond to stakeholder commentsespecially on the cost estimates submitted on both proposals• Census Bureau just issued occupational data on individuals withdisabilities
    • Currently OFCCP is requiring contractors to provide the followinginformation during audits on Section 503• Leave and accommodation policies• Job descriptions with medical and physical requirements• Info on review of medical and physical requirements• Employees or applicants denied promotion or hire due to medical orphysical job requirements• Online accessibility• Accommodation request list (name, date of hire, request, granted and ifnot why not• Disability leave list• Maternity leave list• Disabled applicant list
    • Currently OFCCP is requiring contractors to provide the followinginformation during audits on Section 4212• State job postings during review• 3 years VETS-100/VETS-100A reports• Self-id forms• Executed contracts/purchase orders with correct language• Posting where employees can view AAP• Invitation to vets to self-id and posting• List of employees self identifying as vets and accommodations• List of applicants identified as vets, whose hired and if not why not
    • OFCCP has added goals to the requirements of both Sections 503 and 4212similar to those of EO 11246. However, they have taken two differentapproaches:1. Under Section 503 contractors will be required to achieve a 7% goal byjob group• Additional possible 2% sub-goal for those with significant disabilities2. Under Section 4212 contractors are required to establish goals based on:• percentage of vets in civilian labor force;• number of vets participating in ESDS;• review of referral, applicant and hiring ratios;• effectiveness of contractor’s outreach efforts and• any other factor affecting availability of qualified protected veterans
    • OFCCP will require additional self identification of both individuals withdisabilities and veterans• Section 503 would require pre-offer, post-offer and annual survey ofapplicants and employees• Section 4212 would require pre-offer identification of veteran status andpost-offer of the type of protected veteranCurrent job posting requirements under VEVRAA would be expanded underSection 4212 and Section 503• All job vacancy information must be provided “in manner required by theservice” and contractor retains requirement to comply• All jobs must be posted for both veterans and individuals with disabilities• Contractors must establish 3 linkage agreements for both veterans andindividuals with disabilities for each hiring site
    • OFCCP will require contractors to maintain detailed records on referrals,applicants, employees for both protected veterans and individuals withdisabilitiesContractors will have to calculate ratios of• Referrals w/ disabilities from ESDS & other linkage entities and referrals ofprotected vets from ESDS & other linkage entities;• Applicant ratio: apps w/ disabilities to total applicants and vets apps tototal applicants• Hiring ratio: hires w/ disabilities to total hires and vets hires to total hires• Job fill ratio of openings to filled openings
    • The NLX is an electronic job search labor exchange network created in2007 through a partnership agreement between DirectEmployersAssociation (DE) and the National Association of State Workforce Agencies(NASWA).The NLX gathers currently available and unduplicated job listings fromverified employers (both DE members and other employers) and pushesthem into state workforce agency job boards and also emails job listings toOne-Stop veteran representatives, including multiple .jobs sites, to reacha maximum number of job seekers.Regardless of where job seekers discover NLX job openings, they will bereturned to the point of origination - either the corporate website or thestate workforce agency.
    • • The NLX began as a response to the U.S. Department of Labor’sdiscontinuation of America’s Job Bank (AJB) – announced in 2006 andshut down in July 2007.• Mandatory job listing requirements for Federal Contractors would nowbe required to be sent to the “appropriate employment servicedelivery system” rather than the former national AJB portal.• Practically, this means jobs must reach either:- One Stop Career Centers (Wagner-Peyser funding). This includes outreach to:- Employment Services (ES) Staff- Disabled Veterans Outreach Programs (DVOPs)- Local Veterans Employment Representatives (LVERs)- State Workforce Agency (SWA) Job BanksThis is NASWA.• Large, multi-state businesses needed an automated solution to post joblistings to states and to track compliance with mandatory job listingsrequirements for Section 4212. This is DirectEmployers Association.
    • A non-profit organization of state administrators ofunemployment insurance laws, employment services, trainingprograms, employment statistics and labor market information.Throughout its more than 75-year history, NASWA hasstrengthened the workforce system through information exchange,liaison, and advocacy.Represents ALL state workforce agencies, including Puerto Rico,DC, and Guam that have each signed NLX participation agreements,making the NLX the “appropriate employment service deliverysystem” endorsed by NASWA and the states.
    • The NLX Operations CommitteeThe NLX Operations Committee was formed in 2007 to direct the unique public-privatepartnership between DE Association and NASWA. The committee is comprised of the following:• Ten (10) state workforce agency representatives• Ten (10) employer representatives• Staff members from NASWA• Staff members from DirectEmployers AssociationOther Committees Work Closely with the NLX Operations Committee• DE’s Recruitment Regulatory Compliance Committee (Voice of the Employer to RegulatoryAgencies)• NASWA’s Veterans’ Affairs Committee• NASWA’s Employment and Training Committee
    • Who is using the NLX?• 50 states, DC, Puerto & Guam have signed participation agreements;all receive email delivery of jobs for compliance with FederalContractor Job Listing requirements• 48 states uploading jobs; 45 states downloading jobs• provides hosted state job banks to states including CT, NY, NV,Puerto Rico and Guam• DE’s Members fund the initiative while ALL employers and states canutilize the NLX recruitment functionality at no cost. DE’s Membersreceive additional compliance services and reporting tools.• About 110,000 employers using the system; NLX contains anaverage of 1.1 million jobs per day
    • - Powered by the NLX:How It WorksEmployer Applicant TrackingSystemsOrState Case ManagementSystemsNon-member Career Sitesindexed/scraped/wrappedevery 24 hoursMember Career Sitesindexed/scraped/wrappedevery 24 hoursFeed of job listings provided to/fromparticipating state job banksNot for OFCCP 4212 ComplianceJob listings emailed toWagner-Peyser funded One-StopCareer Centers in all 50 states,DC, Puerto Rico & GuamFor OFCCP 4212 ComplianceFeed of job listings providedto Syndication PartnersNot for OFCCP 4212 ComplianceOFCCP 4212 COMPLIANCE REPORTING
    • * For non-members of DE, employers can sign up for “free indexing” on for automatedposting to state job bank(s), OR manually post at the state job bank for free. For proof ofposting, these employers can take a screen print of their job listings from the state job bank.
    • NLX Reporting Tools for State Workforce Agency Staff
    • Direct Traffic Analytics & Reporting (For Members & States)Sites referring candidate traffic to your job opportunitiesHeat Map of candidate trafficCandidate traffic detail broken out by source, job title,occupation, keywords, location, platform used, etc.
    • .jobs Diversity Outreach
    • Access to NLX Tools (For DE Members)
    • Access to NLX Tools (For State Workforce Agencies)
    • The NLX Connects Employers to States, Vet Reps andOther Key Government, Education & Community StakeholdersDirectEmployers AssociationPartnership Strategy
    • The NLX Connects Employers to States, Vet Reps andOther Key Government, Education & Community StakeholdersDirectEmployers Association, through its Partnership Strategy,invites its partners to:1. Meet and have access to the Association’s Members;2. Provide information to Members about national, regional and localdiversity partnership opportunities to reach and hire diversecandidates;3. Educate members about how to create or get involved in variousdiversity recruiting initiatives and related events;4. Lead employers to national, regional and local resources tosupport them in their efforts to hire diversity candidates and toaddress any employer questions or concerns; and5. Provide organizational contact information of our government,community and education partners to members for the purpose ofdeveloping local partnerships with diverse organizations.
    • The NLX, with NASWA Member Support, Advocates for Employers• April 2009 - OFFCP affirms NASWA interpretation of VEVRAA/Section4212 RegulationsNASWA has been working with U.S. Department of Labor Office of FederalContract Compliance Programs (OFCCP) to clarify the interpretation ofguidance regarding federal contractor compliance with Federal Contractor JobListing (FCJL). Read more and view video testimony.• May 2009 - OFCCP affirms email as a method of Federal ContractorJob Listing (FCJL) ComplianceIn recent communication with NASWA, the U.S. Department of Labor Office ofFederal Contract Compliance Programs (OFCCP) affirmed that, as stated in -regulations, emails to the appropriate local employment delivery system do -qualify as an appropriate means of accomplishing compliance.• June 2011 – NASWA and DE testify to Congress (House Committee onVeterans Affairs) in a hearing about “Putting America’s Veterans Backto Work”
    • The NLX, with NASWA Member Support, Advocates for Employers• July 2011 – The RRCC of DE worked closely with DE Members andNASWA to prepare a comment letter to the proposed §4212regulations• February 2012 - The RRCC of DE worked closely with DE Membersand NASWA to prepare a comment letter to the proposed §503regulations• August 2012 – OFCCP Compliance Officers are trained by NASWA andDirectEmployers on the NLX through the OFCCP Training Academy• March 2013 – At the National Veteran Training Institute (NVTI) inDenver, DE and NASWA “Train the Trainers” on the NLX, complianceregulations, and how to understand and work with employers. NVTItrains the nation’s DVOPs and LVERs.
    • The NLX Connects Employers to Job Seekers
    • The NLX Connects Employers to Job Seekers
    • The NLX Connects Employers to Employers and Teaches EmployersHow to Partner More Effectively with Various Partners/Sources
    • National Association of State WorkforceAgencies (NASWA)• NASWA founded in 1937 -- based in DC• Private non-profit organization• Represents State Workforce agencies in all states & 3 territories(DC, PR and Guam)• Part of NASWA’s mission statement:Further the understanding that the core mission of the workforce system is to find goodand stable employment for workers and to meet employers’ needs for a
    • Is an organization of state administrators of:1. unemployment insurance laws,2. employment services,3. training programs,4. employment statistics,5. labor market information programs,6. and other programs/servicesmade available through the publicly-funded workforce system.NASWA
    • Through OFCCP regulations implementing the JVA:“ Listing employment openings with the state workforceagency job bank or with the local employment servicedelivery system where the opening occurs will satisfy therequirement to list jobs with the appropriateemployment service delivery system.” 41 CFR 60-300.5“ The employment service delivery systems shall provideOFCCP, upon request, information pertinent to whetherthe contractor is in compliance with the mandatory joblisting requirements of the equal opportunity clause.”41 CFR 60-300.84You May Already Know Us
    • The National Labor Exchange (NLX) is a sophisticated electronic labor-exchange network, created in 2007 in a partnership agreement betweenNASWA and DirectEmployers (DE) Association.An unprecedented public-private partnership that leverages private non-profit-owned technology with existing state workforce agency resources.The NLX collects and distributes job openings exclusively found on over9,000 corporate career websites and state job banks growing on a dailybasis.NLX has allowed for the development of a compliance solution forfederal contractors, and further development of relationships betweenemployers and states.All state workforce agencies are participating NLX members.NLX
    • Basics:Operates at three government levels: Federal (USDOL, Employment and Training Administration --ETA): provides funding & sets program regulations, performancegoals, and oversight. State (State Workforce Agencies): administers programs;provides systemic technology framework; and coordinates localoutlets of services. Local: offers various mixes of program services in American JobCenters (One Stops).Publicly-Funded Workforce System
    • Primary Programs Unemployment Insurance (UI) Workforce Investment Act (WIA) Labor Market Information (LMI) Employment Service (ES) Veterans Employment ServicesA universal system with requirements to serve specialpipelines of jobseekers, e.g. veterans, disabled, olderadults, etc.Delivered through self-service technology and inAmerican Job Centers (One Stop Centers).Publicly-Funded Workforce System
    • Numbers of Participants served through thePublicly-funded Workforce Systemthrough September 30, 2012
    • • Primary function is to serve as a labor exchange intermediary• Funded by the Wagner-Peyser Act• In most states integrated with American Job Centers (One Stops)• Provides jobseekers with core employment and workforceinformation services – such as: job search assistance, workforce and economic information, skills assessments,career guidance, job matching and referrals, connection to other programservices, and recruitment services to employers.Publicly-Funded Workforce System:Employment Service (ES)
    • State Workforce Agencies Offer Specialized Services to Businesses:• Rapid Response Downsizing Businesses, LMI, Info on tax credits, etc.• Recruiting and Hiring Connections Veterans Services, WIA, state job banks, job fairs Special or personalized account representatives• Worker Training Connecting businesses to customized training providers• Employer Workshops or PresentationsPublicly-Funded Workforce System:Business Services
    • Recent Survey0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%Free continuing edu credits/units for workshopsWorkshops: employment lawWorkshops: special/timely topics (e.g., identity theft protection)Help developing employee handbooksWorkshops: general HR issuesIndustry Advisory Councils/CommitteesHelp establishing apprenticeshipsHelp with other government agencies (e.g., Labor, Natural…Employer Advisory Councils/CommitteesHelp with Unemployment Insurance issues (e.g., tax, appeals)Assistance working with state or local economic developersLabor Market Info tailored to specific location, industryGeneral Labor Market InfoEducating businesses about employment tax credits (e.g., WOTC)Rapid Response for businesses downsizing, closingPercent of states responding (n=34)General services/toolsNot offered Some 1-stopsMost / all 1-stops
    • • LVERs – Local Veterans Employment Representatives• DVOPs – Disabled Veteran Outreach ProgramRepresentatives• Priority of Service for VeteransPublicly-Funded Workforce System:Veterans Employment Services
    • Work Opportunity Tax Credits for Veterans• Extended through December 31, 2013• Tax credit of up to $5,600 for hiring veterans who have been looking for a job for more than six months• Tax credit of up $2,400 for hiring veterans who are unemployed for more than 4 weeks, but less than 6months• Tax credit of up to $9,600 for hiring veterans with service-connected disabilities who have been lookingfor a job for more than six months.Tax Credits
    • • Some States provide State Tax Credits for Hiring Veterans• Some States provide other incentives for employers to hireveterans• Check with your State Workforce Agency or Local One-StopCareer CenterTax Credits and Hiring Incentives
    • • Check your State’s Website -- Go to the NASWA Website• Work with your Association at DirectEmployersWho to Contact?
    • Nita Beecher, Mercer Networks314-726-1740Nita.Beecher@Mercer.comJolene Jefferies, DirectEmployers Association317-874-9026jolene@directemployers.orgPam Gerassimides,