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2009 OFCCP Compliance Webinar

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  • Thank you for your time to attend today’s webinar. A brief history about DirectEmployers Association.Bill Warren, Executive Director of DirectEmployers Association, is widely recognized as the founder of online recruiting. In August, 1992, he founded Online Career Center, the first employment site on the Internet. He remained president of OCC after it was sold to TMP Worldwide (now Monster Worldwide) in December 1995. OCC was renamed Monster.com and he was named president in December 1998 until his retirement in 2000. Tough economy… we know….the association was started right before 9/11 in 2001. In 2001, twenty five companies came together and form an employer owned and employer managed association to control internet recruitment costs. Today DirectEmployers Association is a …..
  • Success in Online Recruiting in the year 2009 and beyond is to …..Distribute Jobs…Identify Source of HiresKnow the Online Recruiting MarketplaceControl Own Strategy
  • In 2007 when America’s Job Bank was taken down, DirectEmployers Association enter into an unprecedented public-private partnership with NASWA which is the Nation Association Of State Workforce Agencies. Together this partnership formed the JobCentral National Labor Exchange. The National Association of State Workforce Agencies (NASWA) is an organization of state administrators of unemployment insurance laws, employment services, training programs, employment statistics and labor market information and other programs and services provided through publicly-funded state workforce systems. Most companies see the state workforce agencies as unemployment centers. Through our partnership, companies are finding these agencies have become employment agencies, not just unemployment centers, which are creating alot of jobseeker traffic and quality candidates, not only for the federal contractors, but all of our member companies, for example, the retail industry. This relationship has also been a force in working with the Department of Labor to ensure correct interpretation of the OFCCP Job Distribution and Reporting (FCJL) ensuring compliance with these regulations. Through this relationship, DE works with the states to ensure that your companies jobs are delivered for compliance purposes and you have access to reporting anytime necessaryDirectEmployers Association and the National Association of State Workforce Agencies (NASWA) formed an alliance in March 2007 to provide an employer-funded, jointly-administered National Labor Exchange.Working in strict compliance with U.S. Department of Labor guidelines and regulations, JobCentral National Labor Exchange provides employers and states, working together, an online tool to better manage our nation’s vast talent resources. It helps companies build their workforce and comply with State and Federal regulations such as Affirmative Action Program objectives, Office of Federal Contract Compliance (OFCCP) obligations and Veterans hiring goals.The National Labor Exchange helps companies who are not federal contractor, to meet their general staffing needs at the time of an impending national labor shortage which has heightened the need for employers to attract a diverse workforce including minorities, veterans, seniors, the physically challenged, students, and women to the workforce.
  • DirectEmployers Association’s unique web-based applicationacts as a distribution center for Federal contractor jobs by “pushing” them to the appropriate employment service delivery system and maintaining the necessary records on each transaction providing a cost-effective compliance solution for employers. VetCentral is fully integrated into JobCentral National Labor Exchange. The many benefits of the program include: 1) elimination of the significant administrative burden facing Federal contractors in distributing their job listings to the appropriate veterans delivery system; 2) a single point of job entry through JobCentral’s indexing process; 3) assists states in giving covered veterans priority in referral to employment openings; 4) provides detailed compliance reports for Federal contractors including verification of delivery; and, 5) provides returning veterans access to hundreds of thousands of quality job opportunities.
  • Our OFCCP Compliance Reports are comprehensive and also includes a Job Detail Report. On the left you see The light blue shading represents your companies jobs by Job Title, the city and state the job is located, your Req or Job ID number and comfirmation of delivery. The Line below is where the job was delivered, what center received the job and email address confiming receipt. It is also date and time stamped. The reports can be accessed through the members desktop 24/7 as seen of the previous slides.
  • Why is our partnership with NASWA important to our member companies? One example….Recently, the OFCCP affirmed that NASWA’s interpretation of the FCJL Regulations was correct. Through our alliance with NASWA and withthe effort of Office of Federal Contract Compliance Programs (OFCCP) provided clarification (as seen on the slide) that federal contractors may satisfy mandatory job listing requirements by listing their jobs with either the state workforce agency job bank or the local employment service delivery system. Aletter from Lorenzo D. Harrison, OFCCP Acting Director, to Rich Hobbie, NASWA’s Executive Director, reaffirmsedthat DirectEmployer’s delivery system provides our member companies compliance with the job posting requirements of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, (VEVRAA).
  • Transcript

    • 1. Stressed Out Over the Federal Contractor Job Listing (FCJL) Requirements Now That AJB Is Gone?
      DirectEmployers Association/JobCentral National Labor Exchange
    • 2. Who Is DirectEmployers Association?
      • Nonprofit consortium of 490+ leading corporations founded in 2001
      • 3. Address critical issues facing the recruiting industry
      • 4. Develop and manage technologies such as the JobCentral National Labor Exchange (NLX) and related Internet systems and software
      • 5. Reduce recruiting costs to increase labor market efficiency
    • 6. AJB: Why Did It Go Away and What Problems Did That Create?
      Why Did AJB Go Away?
      Cost (up to $27 million dollars a year to operate)
      Outdated Technology
      Lack of State Participation
      What Problems Did It Going Away Create?
      Compliance with OFCCP Regulations (VEVRAA/JVA)
      • Removed a Critical Resource
      • 7. No Way to Automate the Distribution of Jobs to State Web Sites or CareerOneStops (COS)
      6/19/2009
      4
    • 8. The Regulations & How To Meet Them
      How may contractors subject to the part 60-300 regulations fulfill the job listing requirement?
      Contractors are to fulfill their job listing requirement by listing job openings with the appropriate employment service delivery system. Contractors may satisfy this requirement by listing job openings with the state workforce agency job bank in the state where the job opening occurs or with the appropriate local employment service delivery system where the opening occurs.
      Is there a particular way contractors must list employment openings with the appropriate employment delivery system?
      A contractor may satisfy the mandatory job listing requirement by using any means that is permitted by the appropriate employment delivery system for listing employment openings, which may include mail, facsimile (FAX), electronic mail, or other electronic postings. The vast majority of the state workforce agency job banks accept job listings via the Internet. Contractors may use third parties, such as private or non-profit sector job banks, Internet gateway and portal sites, and recruiting services and directories, to assist them with the transmission of job listings to the appropriate employment service delivery system. However, a contractor remains responsible for complying with OFCCP's job listing requirements.
      6/19/2009
      5
      http://www.dol.gov/esa/ofccp/regs/compliance/faqs/jvafaqs.htm
    • 9. Federal Contractor Job Listing SolutionOFCCP Job Distribution and Reporting
      The National Association of State Workforce Agencies (NASWA) and DirectEmployers Association entered into an unprecedented public-private partnership in March of 2007. DirectEmployers Association offered the JobCentral job order content and access to all NASWA members. NASWA endorsed JobCentral as its preferred national labor exchange tool thus replacing AJB. This partnership formed “JobCentral National Labor Exchange (NLX)
    • 10. How We Can Help
      JobCentral NLX / VetCentral:
      Automated unlimited job delivery to State Workforce Centers, CareerOneStop Centers, LVERs and DVOPs in all 50 states (via fax, email, mail)
      Job downloads to 29 State Workforce Agency career sites daily (more states being added as their technology develops)
      Real-time OFCCP audit reporting for 5 years, showing electronic job description, time and date stamp, and confirmation of delivery available 24/7
      Special task force concurrently works with states and employers to improve compliance, recruiting and technology
      Direct link to corporate career site from each job and seamless integration into your ATS with source coding to track real metrics and ROI
      6/19/2009
      7
    • 11. Corporate Career Sites
      Company jobs are automatically indexed to Job Central daily
      Job Central makes Corporate jobs available to partner sites
      Jobs are O*Net coded and made available to States on a daily basis
      State Workforce
      Local Workforce
      DVOPS/LVERS
      and hundreds more..
      Professional and OFCCP (FCJL) Distribution
    • 12. OFCCP Compliance Reporting
      Job Detail Report
      OFCCP Compliance Report
    • 13. NASWA/OFCCP
      Rich Hobbie
      Executive Director
      National Association of State Workforce Agencies
      444 N. Capitol Street NW, Suite 142
      Washington, DC 20001
        
      Dear. Mr. Hobbie:
       
      This letter is in response to your memorandum of April 13, 2009 to the Office of Federal Contract Compliance Programs (OFCCP) concerning the “mandatory job listing” regulations implementing the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended (VEVRAA). Section 4212(a) of VEVRAA requires covered Federal contractors to “take affirmative action to employ and advance in employment qualified” protected veterans. In addition, “to promote the implementation of such requirement” OFCCP regulations require contractors to list most job openings with the appropriate employment service delivery system and each such employment service delivery system is to provide protected veterans priority referrals to such openings. The purpose of mandatory listing, then, is to enable states to provide priority referrals of veterans to contractors to permit the contractors, in turn, to better implement their obligation to recruit and hire veterans. The goal is to help veterans get jobs.
      Your memorandum requested that OFCCP’s National Office provide clarification to our Regional, District and Local offices of a contractor’s obligations to list its employment vacancies with the appropriate employment service delivery system under the mandatory job listing requirement of 41 CFR 60-250.5(a)2 and 60-300.5(a)2. Specifically, you asked that we inform our staff that “Listing employment openings with the state workforce agency job bank or the local employment service delivery system where the opening occurs will satisfy the requirement to list jobs with the appropriate employment service delivery system.”
      That requirement reads as follows:
      The contractor agrees to immediately list all employment openings which exist at the time of the execution of this contract and those which occur during the performance of this contract, including those not generated by this contract and including those occurring at an establishment of the contractor other than the one where the contract is being performed, but excluding those of independently operated corporate affiliates, with the appropriate employment service delivery system where the opening occurs. Listing employment openings with the state workforce agency job bank or with the local employment service delivery system where the opening occurs will satisfy the requirement to list jobs with the appropriate employment service delivery system. [Emphasis supplied]
      A contractor may satisfy the mandatory job listing requirement by using any means that is permitted by the appropriate employment service delivery system to list jobs. The regulations clearly state that listing with either the state workforce agency job bank or the local employment service delivery system will satisfy the mandatory job listing requirement, and OFCCP will reiterate this information to all of our OFCCP staff. The key is to make sure the job is listed with the appropriate employment service delivery system so that the state system is able to provide protected veterans priority referrals to Federal contractor job openings.
      Please remember, a contractor remains responsible for ensuring that its job openings are listed with the appropriate employment service delivery system, whether the contractor lists its openings directly with the appropriate employment service delivery system, or uses a third party to list employment job openings on its behalf.
       
      Thank you for bringing this issue to our attention.
       
      Sincerely,
       
      Lorenzo D. Harrison Acting Director
      Office of Federal Contract Compliance
      cc: Edward Montgomery
      6/19/2009
      10
    • 14. OFCCP Affirms NASWA Interpretation Of FCJL Regulations
    • 15. What Are Other Employers Doing?
      Source: CareerXroads 7th Annual Source of Hire Study (2008)
      6/19/2009
      12
    • 16. G-Five Recipient
      6/19/2009
      13
    • 17. Working with a new organization is sometimes challenging and confusing, but the transfer from America’s Job Bank to VETCENTRAL has posed no problems and actually allows veterans a better access to federal contractor job listings (FCJL).
      As a veteran I appreciate your involvement in helping veterans find employment. Thank you very much for your service and consideration.
    • 18. House Committee On Veteran’s Affairs 111th Congress
      “We should be committed to working with DirectEmployers & NASWA to ensure that Veterans are being helped.”
      - Lorenzo D Harrison, Acting Director Office Federal Contractor Compliance
      6/19/2009
      15
    • 19. Exclusive Partners
      National Association of State Workforce Agencies (NASWA)  www.naswa.org – We won their endorsement over America’s Job Exchange.  Gives us the ability to work with all 50 states
      XPAND Corporation – A company based in Reston Virginia that was selected to provide technical support services for the CareerOneStops (COS), a suite of national workforce tools, sponsored by the US Department of Labor through a grant with the State of Minnesota.  The COS system sponsored by XPAND encompasses the American Service Locator (ASL);  America’s Career Information Network (ACINET); and the CareerOneStop Portal
      Jim Vollman, JD – Former Associate Assistant Secretary of Labor.  As Associate Assistant Secretary of Labor he was responsible for the IT division of the Department of Labor’s Employment and Training Administration, including the development and administration of America’s Job Bank (AJB)
      David Morman – Held several positions with the Department of Labor including:  Director of Policy, Planning, and Operations for the United States Employment Service (USES), Director of Research and Development for the Office of Technology, and Deputy Assistant Secretary of the Veteran's Employment and Training Service.
        
      6/19/2009
      16
    • 20. Q & A
      Q &A
      6/19/2009
      17
    • 21. Contact Information
      Shannon Offord
      Regional Vice President – Membership Development
      shannon@jobcentral.org
      Direct: 317-874-9024
      6/19/2009
      18