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Job Posting Compliance Knowledge Center

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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