In addition to the major changes discussed in yesterday’s Advisor, there are several other important changes that are included in the final Section 503 rule, says Schoenfeld.
Definitions
The definition of “disability” has been revised, pursuant to the ADA Amendments Act (ADAAA) of 2008.
EO Clause
Contractors will be required to state in solicitations and advertisements that they are equal employment opportunity employers of individuals with disabilities. The Final Rule permits contractors to incorporate the EO Clause into subcontracts by reference, but only by citing the EO Clause in the regulations and including OFCCP’s mandatory clause in bold text.
Electronic Posting
When the contractor has employees who do not work at the contractor’s physical location, the OFCCP will allow a contractor to satisfy its posting obligation by posting the EEO notice in electronic format, provided that the contractor either provides these employees with computers that can access the electronic posting or has actual knowledge that the electronically posted notice is accessible to its employees.
Compensation.BLR.com, now thoroughly revved with easier navigation and more complete compensation information, will tell you what’s being paid right in your state–or even metropolitan area–for hundreds of jobs. Try it at no cost and get a complimentary special report. Read more.
Compliance Evaluations
The Final Rule cements OFCCP’s position that it may obtain information pertinent to a compliance evaluation for periods after the date of the scheduling letter. The rule states that the OFCCP may extend the temporal scope of an evaluation and examine information after the date of the compliance evaluation scheduling letter, if the OFCCP deems it necessary to carry out its investigation of potential Section 503 violations.
Contractors must inform the OFCCP of the format(s) in which they maintain records and other information (e.g., Word, pdf, Excel), and provide the records and information to the OFCCP in the format(s) the OFCCP selects (from the contractor’s available formats).
The OFCCP may also request that the contractor provide documents either on-site or off-site during compliance checks and that the OFCCP may conduct focused reviews both on-site and off-site.
Outreach and Recruiting
The Final Rule does not mandate that contractors list employment opportunities with the American Job Centers, nor does it require that contractors enter into linkage agreements. Instead, the final rule requires that contractors undertake "appropriate outreach and positive recruitment activities," and the rule provides a number of suggested resources that contractors may use to carry out these general outreach and recruitment obligations.
Contractors must document all outreach and recruitment activities and retain those records for 3 years.
New AA regs—certainly a challenge, but for sure not the only challenge on your desk. “Maintain internal equity and external competitiveness and control turnover, but still meet management’s demands for lowered costs.” “No more cost increases for health care.” Heard those before?
Many of the professionals we serve find helpful answers to all their compensation questions at Compensation.BLR.com®, BLR’s comprehensive compensation website.
And there’s great news! The site has just been revamped in two important ways. First, compliance-focused information has been updated to include the latest on COBRA, Lilly Ledbetter, and the FMLA. Second, user features are enhanced to make the site even quicker to respond to your particular needs:
- Topics Navigator—Lets you drill down by topical areas to get to the right data fast.
- Customizable Home Page—Can be configured to display whatever content you want to see most often.
- Menu Navigation—Displays all the main content areas and tools that you need in a simple, easy format.
- Quick Links—Enable you to quickly navigate to all the new and updated content areas.
The services provided by this unique tool include:
- Localized Salary Finder. Based on reliable research among thousands of employers, here are pay scales (including 25th, 50th, 75th, and 90th percentiles) for hundreds of commonly held jobs, from line worker to president of the company. The data are customized for your state and metro area, your industry, and your company size, so you can base your salaries on what’s offered in your specific market, not nationally.
Try BLR’s all-in-one compensation website, Compensation.BLR.com®, and get a complimentary special report, Top 100 FLSA Overtime Q&As, no matter what you decide. Find out more.
- State and Federal Wage-Hour and Other Legal Advice. Plain-English explanations of wage-hour and other compensation- and benefits-related law at both federal and state levels. “State” means the laws of your state, because the site is customized to your use. (Other states can be added at a modest extra charge.)
- Job Descriptions. The website provides them by the hundreds, already written, legally reviewed, and compliant with the Americans with Disabilities Act (ADA) mandate that essential job functions be separated from those less critical. All descriptions carry employment grade levels to current norms—another huge time-saver.
- Merit Increase, Salary, and Benefits Surveys. The service includes the results of three surveys a year. Results for exempt and nonexempt employees are reported separately.
- Daily Updates. Comp and benefits news updated daily (as is the whole site).
- “Ask the Experts” Service. E-mail a question to our editors and get a personalized response within 3 business days.
If we sound as if we’re excited about the program, it’s because we are. For about $3 a working day, the help it offers to those with compensation responsibilities is enormous.
This one’s definitely worth a look, which you can get by clicking the links below.
Click here to get more information or to start a no-cost trial and get a complimentary special report.