Regulations Issued Under Jobs for Veterans Act
The Office of Federal Contract Compliance Programs (OFCCP) has recently issued the long awaited regulations under the Jobs for Veterans Act. They have also included an extensive FAQ on the OFCCP home page to provide a simplified explanation of these regulations.
For starters, these new regulations go into effect September 7, 2007. That gives us about a month to get our activities in order.
Covered in the new regulations and described in the FAQ's is guidance on the following:
- how to handle required job postings now that the America's Job Bank is gone. Previously we posted that about a month and a half ago we were hard pressed to find states that had available sites easily accessible. In the bitter end of June, many of them were continuing to link back to America's Job Bank!
- Coverage for contractors who had contracts prior to December 1, 2003 and a discussion of requisite $$ coverage and relevant regulations.
- A discussion of "veteran" including the old definitions of Viet Nam Era Veterans, and Special Disabled Veterans. In addition, there are definitions of new categories of protected veterans including:
- Disabled Veteran -- (1) A veteran of the U.S. military, ground, naval or air service who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Secretary of Veterans Affairs, or (2) A person who was discharged or released from active duty because of a service-connected disability.
Recently separated veteran -- any veteran during the three-year period beginning on the date of such veteran's discharge or release from active duty in the U.S. military, ground, naval or air service.
Armed Forces service medal veteran -- any veteran who, while serving on active duty in the U.S. military, ground, naval or air service, participated in a United States military operation for which an Armed Forces service medal was awarded pursuant to Executive Order 12985.
Other protected veteran -- a veteran who served on active duty in the U.S. military, ground, naval or air service during a war or in a campaign or expedition for which a campaign badge has been authorized, under the laws administered by the Department of Defense.
- Disabled Veteran -- (1) A veteran of the U.S. military, ground, naval or air service who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Secretary of Veterans Affairs, or (2) A person who was discharged or released from active duty because of a service-connected disability.
Prior to amendment by the Jobs for Veterans Act (JVA), the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) and its implementing regulations at 41 CFR 61.250 required all contractors and subcontractors with Federal contracts in excess of $25,000 to report their efforts toward hiring and employing veterans in four specified categories: veterans of the Vietnam era, special disabled veterans, other protected veterans and recently separated veterans. JVA raised the VETS-100 reporting threshold from $25,000 to $100,000 for contracts awarded on or after December 1, 2003, and modified the report categories of veterans to: disabled veterans, other protected veterans, Armed Forces service medal veterans, and recently separated veterans (41 CFR 61.300 in clearance). Additionally, JVA will require Federal contractors and subcontractors to report the total number of all current employees in each job category and at each hiring location.
Follow this link to the VETS-100 FAQ which incorporates a discussion of the 2007 reporting requirement changes for further discussion.
Follow this link to the latest VETS-100 Form for 2007