Job Posting Compliance Knowledge Center
America's Job Bank (AJB) Phase-Out Information
The phase-out of America's Job Bank has caused many of our clients to inquire about how this change impacts their job posting compliance efforts. As a trusted partner for job posting compliance solutions, First Advantage Recruiting Solutions is dedicated to making sure that our clients and friends have access to the most timely and objective information regarding the situation.
Please reference the information on this page in order to understand the important factors influencing the issue of job posting compliance. As more information becomes available, we will continue to update this site and communicate developments directly with our clients and friends.
Job Posting Compliance - Historical Overview
The Department of Labor created AJB in 1996 as a free job bank accessible by job seekers and state workforce agencies. The Jobs for Veterans Act (JVA) was signed by President Bush in 2002 and specified that the employer's listing obligation could be met by listing their applicable jobs with "one-stop career centers under the Workforce Investment Act of 1998, other appropriate service delivery points, or America's Job Bank (or any additional or subsequent national electronic job bank established by the Department of Labor)."
Costs of Violation
The OFCCP has recently increased their audits for government contracts. As a result the fines levied by the OFFCP have increased recently. The OFCCP increased the number of compliance evaluations by 45.6% to 3,875 compliance reviews. Additionally, they fined companies a record amount of 51 million dollars in 2006. This represents a 14% increase over last year's fines.
Current Situation
The final ruling, released on August 7 of 2007, states that in order to remain compliant with the Jobs for Veteran's Act, federal contractors must post their positions to the state-run employment agencies of the state in which the position will reside. To view the official government ruling released in August of 2007, please click here.
The OFCCP has recently published their revised ruling for the Jobs for Veterans Act. The law does not define a replacement for America's Job Bank. Furthermore the law clearly does not suggest that there is only one method to remain compliant. The law is much more flexible in providing numerous options for contractors to remain compliant with their posting obligations moving forward.
There are actually two sets of laws that have different provisions, but the ruling itself identifies that the majority of contractors will be covered by part 60-300, due to the fact that they either have a new contract in force after 2003, or have amended pre-2003 contracts after 2003. For purposes of discussing the new law we will be covering the 60-300 components.
The following rules will take effect on September 8th, 2007:
- The law continues to require that all contractors list their openings with the appropriate "employment service delivery system" they do provide guidance that this can be defined to include: state job banks and local employment offices where the opening occurs.
- The law further clarifies that multiple methods of submission are acceptable: fax, email, other electronic postings, and regular printed mail.
- Furthermore, clarification is provided that specifies that contractors may use third parties to assist with the transmission of the job postings to the appropriate system.
- The FAQs also help address additional questions such as documentation required and amount of information that must be sent to the local office. In terms of documentation the OFCCP defines that documentation must be retained to demonstrate contractor's efforts to comply. These records can include copies of emails, electronic transmissions, faxes, and letters. The type of posting information is defined as information deemed sufficient for the service delivery system to carry out its responsibilities under VEVRAA. At a minimum the information sent must include a link to the employer's website that could store the details about the position.
First Advantage's OFCCP Job Posting Complaince Solution
Clients who use Harvest or PostMaster LX can access our existing network of State Workforce agencies. Our alliances with two key technology providers, GeoSolutions® and Navisite®, will allow us to directly submit your jobs to 17 states. This is the optimal method of transmission.
Additionally, we are adding direct support for posting jobs to additional states. We have also successfully developed a computer-driven process for automated posting of jobs on state sites that traditionally require human data entry. This process will allow us to provide technically superior support for a large portion of the remaining states.
The competitive advantage of our solution is that your jobs will be entered directly into a state's system, whereas other services may rely on a fax or email - both of which are time-consuming and expensive, and both of which leave your organization's compliance completely in the hands of the workers at the state agencies.
Our investigations have shown that there is a good chance that job postings submitted in this manner will not be retained or used after they are received. The key benefit to working through First Advantage's system is that jobs entered will be more likely to receive referrals from job counselors during the life of the opening, and your organization will be able to better prove compliance in the event of an audit.
Visit our Harvest Page to learn more about our comprehensive automated compliance solution.
