“Being Big Is Worse Than Being Bad!”1
The question is what happens to the size of the contractor’s applicant pool if the TSF’s recruiting efforts are included? If a contractor is taking on 100-200 temps during the year, how many individuals does the TSF have to recruit to find a sufficient number who meet the basic qualifications for the position? 400? 800? 1,200? Is there a downside of having large applicant pools? Isn’t having more choices a good thing? Does the contractor want to include an additional 1,200 individuals recruited by the TSF in the contractor’s own applicant pool? In reality, there are real and potentially costly implications for agreeing to consider the TSF’s recruiting efforts as part of the contractor’s applicant flow. Continue reading “Being Big is Worse Than Being Bad”
Has The OFCCP Set The Stage to Claim That Temporaries Are “Employees” For Affirmative Action Purposes?
A practice amongst federal contractors and non-contractors is the use of Temporary Staffing Firms (TSFs) to recruit and place temporary employees who may ultimately end up being hired by the contractor into entry-level positions. This practice often follows this scenario. The contractor has large numbers of entry-level employees in a manufacturing, healthcare or service industry setting who have a high level of turnover. The contractor has a relationship with a TSF to find and place temporary employees (temps). The contractor has agreed to keep the temps on the TSF’s payroll for some period of time, such as 90-180 days before they might be eligible for hire. After meeting the required timeframe, the contractor has the option of converting the temps from the payroll of the TSF to its own payroll (by hiring them). The process of conversion may be through a number of different avenues such as 1) “anointment” where the contractor chooses who becomes an employee; or 2) having the temps bid on an open position. Continue reading OFCCP’s New FAQs on “Employer – Employee Relationship”
It is with some trepidation that the following discussion is being presented. I can already hear the cries of “Is he out of his mind? Isn’t applicant tracking already complicated enough? Who does he think he is, suggesting that we need to consider making it more complicated?”
However, one of the biggest issues that we run into when preparing a client for an OFCCP compliance review is having accurate applicant flow records. Accurate applicant flow is critical because the OFCCP’s “bread and butter” case is entry-level hiring involving large numbers of applicants (see the final article in last month’s newsletter).
Continue reading More Applicant Tracking Disposition Codes? Really? Are you serious?