3 keys to using membership for compliance
TRANSCRIPT
JEN BERNHARDT Regional Vice President – Membership Development DEE ANNE FALLER
Regional Vice President – Membership Development
NOTE:Informa.oninthispresenta.onisnottobeusedaslegaladvice.
COMPANY ATS
NETWORK
What are the VEVRAA Mandatory Listing Requirements?
EQUAL OPPORTUNITY CLAUSE
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 added). In order to satisfy the listing requirement described herein, contractors must provide information about the job vacancy in any manner and format permitted by the appropriate employment service delivery system… Source 41 CFR ss60-300.5(a)(2) http://www.dol.gov/ofccp/regs/compliance/vevraa/vevraa_rule_ qa_508c.pdf (page 19)
PERMITTED FORMATS
for VEVRAA Mandatory Listing Requirements
q Email
q Fax
q Certified Mail
q Electronic Feed
COMPANY ATS
What types of positions need to be listed?
q Temp to Hire
q Virtual Jobs
q Internships/campus positions
You know that full-time on-site jobs need to be listed but a reminder to include…
Have jobs available in multiple locations across the US?
DE technology has the ability to accommodate multiple locations on one job by creating “Ghost Reqs” and linking them back to the original requisition. Contact your Membership team to learn more.
That means that jobs need to be LISTED where they are available.
What Qualifies as an ESDS?
The final rule appends language to define “employment service delivery system” (ESDS) in accordance with the Wagner-Peyser Act of 1933, as ammended by the Workforce Investment Act of 1998. This includes: ü State Job Banks ü Wagner-Peyser funded state workforce agencies ü CareerOneStops ü Employment Service Staff ü Disabled Veterands Outreach Programs (DVOPs) ü Local Veteran Employment Representatives (LVERs)
Why isn’t posting required?
SWFs&ESDSsaremandatedundertheWagner-PeyserActtoserveALLemployersintheirsearchforqualifiedworkforce
SWFs&ESDSsmustbeflexibleenoughtoacceptlisFngsinavarietyofwaysandtomakethoselisFngsavailabletotheirregisteredprotectedveteransinavarietyofways
Understandingthismissionandneedforflexibility,theOFCCPallowsforthesameflexibilityintheirregulaFonsforthelisFngofjobs
It’stooexpensiveandFmeconsumingtopostineachseparateESDSsystemandmaintainthatinformaFon
**REMEMBER**TheOFCCPhadthechancetomandatePOSTINGwhenthenewVEVRAAregula@onstookaffectMarch24,2014,andtheydidn’tforthereasonslistedabove.Source:Demys-fyingPos-ngvs.Lis-ngforOFCCP’sMandatoryJobLis-ngRequirementsbyJohnC.Fox,Esq.,Fox,Wang,&Morgan
The VetCentral reports show proof of LISTING your jobs in accordance with the VEVRAA Mandatory Listing Requirements.
Mandatory protected veteran notifications are now required on all jobs listed for VEVRAA
compliance
In January of 2014, DE’s proposal to electronically append this information to all job listings was approved by the OFCCP.
Remember Any requests for info that come through the email re-direct system are most likely coming directly from Veteran Representaives at the local ESDSs.
These are hot leads! Call them back to further your Veteran outreach.
State Job Bank reporting acts as a “nice to have” and can show further outreach to the vets and disabled vets via the state job banks.
Who is NASWA?
q Non-Profit Agency representing the states and state workforce agencies
q Advance the state role in the workforce system
q Invest in training and professional development; and
q Lead in coordinating local, state, and federal roles
How this helps
q Act as a unified voice of the states
q Dictate the appropriate distribution of the mandatory listings (i.e. In what format the states will accept job listings?)
q Help present a unified voice when reviewing and commentong on OFCCP Regulations
Since 2007, DE has had an official relationship with the National Association of State Workforce Agenices (NASWA) to provide unprecedented support in OFCCP audits. This official agreement extends through 2027.
Who are the States?
q Wagner-Peyser funded state workforce agencies or CareerOneStop Centers
q Employment Service Staff
q Disabled Veterans Outreach Programs (DVOPs)
q Local Veteran Employment Representatives (LVERs)
How this helps
q Ensures receipt and acknowledgement of job transmissions through DirectEmployers and VetCentral
q DirectEmployers recognized as the preferred vendor of vetted and verified job content
NLx Partnership
How to Leverage the NASWA Partnership & State Relationships
Call your membership
team
Membership team will call
NASWA
NASWA will call the audit
state
Our Toolbox
Compliance Advisory
Board (CAB)
Federal Contractor
Corner
Subject Matter Experts
Member Exclusive John C. Fox has created an “OFCCP Punch List” that lists out major components of the OFCCP regulations and how to comply. Ask your membership team for a copy.
Section 503 41 CFR 60-741.44(f) & VEVRAA 41 CFR 60-300.44(f)
KEY = BUILD RELATIONSHIPS
LITMUS TEST: Would the organization your company works with recognize your name or your company name if asked about an official partnership?
Technology is NOT outreach!
3 Buckets to Pull Hires From
Virtual and In-Person Career Fairs and Events
Company Relationships with CBOs
DE Syndicated Partners
DE continues to syndicate member jobs to 1,000+ partners on a daily basis
Source/Tracking Codes track the job seeker through the ATS
Virtual and In-Person career fairs are a great way to meet specialty candidates
Where do you find partnerships?
OFCCP ERRD
Referrals
DE Partners present webinars to members and provide contact information in their organization which assist with partnering and outreach
PRM Partner Relationship Manager No one can do your outreach for you, but PRM can help.
Good Faith Efforts (GFEs) are not accepted in OFCCP audits as the only means of outreach for VEVRAA and Section 503. Relationships must be built and tracked for effectiveness.
q Permitted Formats
q Qualifying ESDS Locations
q VEVRAA Info Tags
q NASWA, the States, NLx
q Compliance Experts
q DE Syndicated Partners
q Career Fairs and Events
q Direct Relationships with CBOs
You can find us at: [email protected] • 317-874-9061 • @jenbernhardt [email protected] • 317-874-9031 • @dbfaller