Job Posting Compliance Knowledge Center
This page will keep you updated on the current status of the migration of posting options for your current Jobs for Veterans posting obligations. As you may know the OFCCP recently revised the Jobs for Veterans requirements and have rewritten the law to provide several options for job posting compliance:
- Deliver jobs to state job site
- Deliver jobs to local employment office where job openings will occur
Currently there are a few options that a client can use to meet this obligation:
- Send openings via fax to local offices
- Send jobs via postal mail to local offices
- Enter job openings directly into State Workforce web site
- Email job openings to local offices
Additionally there are currently some existing intermediaries who help distribute job data to the appropriate destinations by some combination of delivery options listed above:
- Americas Job Exchange
- Direct Employers
Currently any other vendor (ATS, Advertising Agency, Job Board) utilizes some arrangement between Direct Employers or AJE as a delivery point for meeting clients' job posting requirements.
FADV invested a great deal of time researching all available options when the Jobs for Veterans requirements were rewritten. We determined at that time that the best option for our clients was to leverage Americas Job Exchange for delivery. The logic behind this choice was their ability to provide coverage for all 50 states via a combination of email and direct support. They currently use email distribution for the majority of their delivery coverage at the state level The states they currently provide direct support for are: Hawaii, Illinois, Kentucky, Missouri, Nevada, New Jersey, New York, Rhode Island, and Virgina. All other states are currently covered by email delivery.
As we previously notified our clients, there are changes with one of our posting partners, Americas Job Exchange. We were originally notified of an increase in the cost to post jobs to the site scheduled to take effect May 1st 2008. The cost would have been considerable ($99 per job). However, in discussing with Americas Job Exchange, we have come to terms on an agreement that will make it the solution cost effective for our clients for the next twelve months.
First Advantage represents many of the nations leading government contractors, and has been able to secure bulk rate pricing for all of our clients jobs on the site. This means that there will be no price increases for existing clients for the next twelve calendar months.
Americas Job Exchange continues to be an important facet in our overall compliance offering. They currently power several state job sites, and will be used for posting jobs in these states: New York, New Jersey, Nevada, Hawaii, Kentucky, and Rhode Island.
-New!-
Email distribution: We have identified a database hosted by the government called America's Service Locator. We will use this data to gather all email addresses for Veterans Job Counselors in the United States. We will then be able to deliver customized job listings for your company's jobs directly to these counselors. We will also ensure that we keep track of all deliveries, and in the unlikely event of a failure, can make multiple attempts to redeliver the listings to the appropriate individuals.
Also, we will continue to develop and deploy our robotic posting process for states where appropriate. These states will receive job data directly into their state systems which we feel is an optimal process for your jobs. Additionally, we will submit job data directly to the states that support it. Finally, there is one large technology provider that we are working with to directly enter jobs into additional state sites.
Our end goal is to continue to provide a low cost, high quality method of compliance that enables your firm to have a high level of assurance that you are meeting your OFCCP obligations.
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 took 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.
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