OFCCP Ask the Experts
Ask the Experts is an online forum where federal contractors and subcontractors are invited to submit questions to industry experts related to OFCCP compliance, affirmative action planning, and equal employment opportunity. Simply register your company on LocalJobNetwork.com to submit a question.
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  • Asked by Michelle H. - Jul 24, 2018
    We are looking at setting up a pre-screen questionnaire for our Machine Operators as part of the pre-interview selection process. Does the AA information need to be gathered at this level or only when a formal application is submitted?
    Answered by David Cohen from DCI Consulting - Jul 24, 2018
    Hi Michelle,
    Under the Internet Applicant regulation you would need to collect race/ethnicity and sex data from those individuals that were provided...

  • Asked by Anonymous - Jul 17, 2018
    We are trying to understand best practice with a position we're posting in regards to Exempt vs. Nonexempt and FLSA. The position is a Talent Acquisition Coordinator/HR Admin. This position is the entry point for our company - it'll be the lowest level position at the company (private, DOD contractor). The role is complex because it'll be supporting both talent acquisition and HR administration. The salary range will actually be in the mid - upper $50k's. While it is the entry point in the company, this individual will support multiple HR functions. There are currently no other roles at that level in the company. Should it be exempt or nonexempt?
    Answered by Carey Freitag from Local JobNetwork™ - Jul 25, 2018
    In order for a position to qualify for exemption under the Fair Labor Standards Act (FLSA) minimum wage and overtime pay requirements, the job duties and salary must meet the test specified in the regulations. The FLSA allows for the exemption of bona fide executive, administrative, and professional positions as long as they meet the requirements. Other positions...

  • Asked by Samantha D. - Jul 11, 2018
    We're a government contractor and every year we bring on a cohort of paid, summer interns. Each intern formally applies to our company for the internship position. At the end of their internships, we make full-time offers to some of the interns. What is the best practice in terms of converting them to full time employees at the end of their internships? Does each intern need to apply again to a full-time open requisition? Do we need to open and compete requisitions that we know these interns will fill since they've been already working for us? Can we simply add them as full-time staff without having to open a full requisition?
    Answered by Lisa Kaiser from The Kaiser Law Group, PLLC - Jul 12, 2018
    Hi Samantha,

    Assuming there are distinct criteria for hiring the interns (from your other hires), they are likely their own pool of applicants and hires for such purposes as...

  • Asked by Anonymous - Jun 28, 2018
    We are a subcontractor and are also union. We have a conciliation agreement and an obligation to direct recruitment efforts to minorities and women - However, we do not currently have any available openings. How do we best execute the obligations of this conciliation agreement without a job to advertise/recruit for? Thank you!
    Answered by Roselle Rogers from Local JobNetwork™ - Jul 06, 2018
    Generally speaking, action in compliance with the conciliation agreement would be triggered when your company has a vacancy or begins to recruit applicants. However, the requirements for construction contractors do vary from those of supply and service contractors, as there are additional union record keeping requirements that apply to construction contractors. Contractors with a federal or federally-assisted construction contract or subcontract over $10,000 are required to comply with the Sixteen Specifications, which are the affirmative action steps listed in 41 CFR 4.3[a][7]. For example, if your company is a construction subcontractor, you need to establish and maintain a list of your minority and female recruitment sources, as well as...

  • Asked by Anonymous - Jun 26, 2018
    We have just implemented the Applicant Tracking System. Previously we utilized a hard-copy attorney-approved application for employment, which was signed by the applicant in receipt of FCRA disclosure, and attesting to truthfulness of info within the app. With this electronic process, there is no more signature. Are we sufficiently covered as far as risk mitigation is concerned since there is no signature anywhere?

    Thank you

    Answered by Roselle Rogers from Local JobNetwork™ - Jul 06, 2018
    The Federal Trade Commission (FTC) which enforces the Fair Credit Reporting Act (FCRA) requires that employers who are securing background information (such as a credit report) from companies who are in the business of compiling background information (such as a credit reporting agency), must notify applicants in writing that they might use the information obtained in making an employment decision....

  • Asked by Jill M. - Jun 22, 2018
    When you have a contract requirement that requires candidates be tested on their skills and this only applies to one program, can you advertise the testing requirement even if you don't test for other positions you hire for? I thought your postings had to be consistent.
    Answered by Bill Osterndorf from HR Analytical Services - Jun 25, 2018
    Postings should be consistent for any individual position unless some criteria for the job has changed. Thus, if you have two postings for entry-level customer service reps, the basic qualifications should be the same and the general requirements to move forward in the selection process should be the same unless something has changed with the job. For example, if you require a high school diploma and at least two years of CSR experience for a CSR position, you should stick with these criteria unless you've discovered that the CSR job has suddenly become more complex and requires more than two years of experience.

    You are NOT required to approach the selection process for different positions in the same manner...

This forum provides information of a general nature. None of the answers or information provided is intended as legal advice or opinion relative to specific matters, facts, situations, or issues. Additional facts and information or future developments may affect the subjects addressed. You should consult with an attorney about your specific circumstance before acting on any of this information since it may not be applicable to your situation. The Local JobNetwork™ and all experts expressly disclaim all liability with respect to actions taken or not taken based on any or all of the contents of this forum.