With the continuing advancement of technology and the creation of more and more satellite offices around the US, contractors and subcontractors are constantly questioning how jobs should be posted for these particular positions to be compliant under the new VEVRAA/Section 4212 posting requirements. To provide better guidance to the contractors/sub-contractors, the OFCCP has recently included the following within their FAQ section on their website:
How should contractors list job openings for ‘remote jobs’ that is, jobs that are full-time telework positions from any location, in order to comply with VEVRAA’s job listing requirement?
VEVRAA requires that contractors list all employment openings which exist at the time of the execution of the contract, and which occur during the performance of the contract, with the appropriate employment service delivery system (ESDS) where the opening occurs. Typically, the location of a job opening, or where a job opening ‘occurs,’ is the location to which the employee must report for work. For a job opening that does not require the employee to report to, or work from, a specific location, a contractor may satisfy the job listing requirement by listing the job opening with the state of local ESDS where the work unit, division, department or supervisor to which the employee report of be assigned is located.
The OFCCP’s response is similar to the way employer’s are to report ‘remote employees’ within their EEO-1 reports; essentially, wherever their direct supervisor sits is the establishment that the employee should be included. By making this posting requirement similar, they are continuing to mitigate any further confusion contractors and subcontractors may be experiencing with these new rulings.
The OFCCP regularly updates the FAQ section on their website and through this site, contractors/subcontractors will find helpful tips on how to stay compliant with the regulations: http://www.dol.gov/ofccp/regs/compliance/faqs/offaqs.htm