Human Resource & Labor News
www.agc.orgSeptember 12, 2012 / Issue No. 5-12
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On the Inside
HR Professional Development
Register for AGC’s HR and TED Conferences and Federal Construction HR Workshop – Hotel Discount Ends September 14
AGC Webinar Discusses Importance of HR and Safety Collaboration
Federal Contracting
AGC-Sponsored Study Shows OFCCP Data Do Not Support Proposed Rules
Federal Contractors to Report Executive Compensation & Subcontractor Awards Under New Rule
OFCCP Clarifies Internet Applicant and Record-Keeping Rules
Union Contracting
Union Contractors Committee Begins Quarterly Conference Calls
Union Contractor Ordered to Make Benefit Fund Contributions for Nonbargaining Unit Work
Newly Released Construction Multiemployer Pension Plan Inventory Supports AGC Lobbying Efforts
U.S. Department of Labor Plans Additional Guidance on Apprenticeship Fund Expenses
Program for Young Unauthorized Immigrants Begins; Employers Beware
Internal Investigations
Asking Employees Not to Discuss Internal Investigations May Violate Workers’ Rights, NLRB Rules
OFCCP Clarifies Internet Applicant and Record-Keeping Rules

Recently, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) added twelve new questions to its Frequently Asked Questions (FAQs) on the Internet Applicant Recordkeeping Rule. The new information is intended to clarify the OFCCP recordkeeping requirements of federal contractors and subcontractors.  The rule originally went into effect in 2006.

The Internet Applicant Recordkeeping Rule defines an “internet applicant” as an individual who:

  • Submits an expression of interest in employment;
  • Meets the basic qualifications for the job;
  • Is considered for employment; and
  • Does not withdraw from consideration.

The clarifications make it clear that employers are required to maintain all records regarding their hiring processes.  In addition, they are also required to maintain records regarding the race, gender and ethnicity of all job applicants – even when third party recruiting and vetting companies are used such as online job boards and search firms.  The FAQs clarify that while a third party company may maintain the data on the contractor’s behalf, the contractor, not the third party company, will be held accountable if the specified records are not maintained.

The new FAQs address other issues such as job fairs, job boards, campus recruiting, niche and diversity databases, and job descriptions.  Conveniently, OFCCP marked the twelve new questions with “NEW” to make them easily identifiable.

Visit OFCCP’s webpage for a complete listing of all FAQs regarding the Internet Applicant Rule.

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