OFCCP and audit list for 2023

Remote work became highly common after the COVID-19 pandemic in 2020, before which it was a luxury for many office workers. Remote work has become more accessible and more convenient now with the advancement in technology and increased use of the internet. A study released by Statista in February 2023 shows that around 8% of the workforce performed their official duties from home entirely. Only around 12% of people expected never to work from home. The rest of the workers expected a hybrid work environment. These statistics indicate the prevalence of remote work in today’s economy.

The possibility of working remotely has also become a key factor in hiring decisions. This makes it important for companies to be vigilant about maintaining OFCCP job posting compliance when hiring remote workers. There are some tips and tricks that employers should keep in mind if they want to ensure compliance during remote hiring.

Compliance essential for remote employees

All employees, including remote and working-from-office employees, should be made aware of their labor rights by the employer. This is also true for long-term and temporary employees. Postings are also essential at the county or city, state, and federal levels.

On-site announcements are not enough

If your company has both on-site and remote employees, it is essential to consider the remote employees when making announcements regarding new openings in the company. The Department of Labor has given some recommendations regarding this. For example, consider a worker visiting the physical office, where the job-related posters are placed, no more than three or four times per month. In such a situation, the company must provide these postings to those employees in a way where they can be accessed easily. The DOL recommends electronic communication for remote workers with computer access.

Don’t forgo on-site postings

Though remote workers should be informed using electronic means, employers should remember not to completely eliminate on-site postings. The federal regulations are very clear on this aspect. All local, state, and federal job postings should be advertised at the workplace, with very few exceptions. This is to be followed strictly even when a very small percentage of your workforce reports to the office regularly.

Electronic delivery options to maintain compliance

Employers can send out the necessary postings or announcements to remote employees in a number of methods including sending out information through the company’s web portal or email or intranet. Employers should also use a system with acknowledgments and tracking as delivery proof. This will be helpful in proving your compliance if any issues arise in the future.

Working remotely from foreign countries

Confirm the immigration status and the citizenship of the individual to determine what sort of arrangements must be done for them to work lawfully from overseas and be permitted to come back to the U.S. Employers should also check whether the worker would be covered by the insurance and compensation provided in the home country. Otherwise, they should seek some feasible alternative such as acquiring travel and local insurance. Employers should draft a written agreement to make the expectations of the parties clear.

To Conclude

Ensuring OFCCP compliance is an obligation of employers, irrespective of remote or in-office work. By understanding the various ways in which OFCCP compliance can be maintained in the age of remote work, employers can make their workplace truly inclusive.