Wagner Peyser Complaint-Resolution System

1. Wagner Peyser Complaint-Resolution System Wagner Peyser Related and Non-Wagner Peyser Related Complaints Overview

2. Objectives • Background • Definitions and types of complaints • Complaint filing process • Receiving complaints • Complaint forms and logs • Complaint resolution • The file system • Apparent violations • Publicly posted information

3. Establishing the Complaint System • 1971- State employment service accused of exploitation of farm workers • 1972- Formal complaint filed with U.S. District Court Washington, D.C. • 1974 Judge Charles Richey signs consent order • Issues Federal Regulations governing employment systems • Establishes monitor advocate system • Established complaint resolution system

4. What is a Complaint? “A representation made or referred to a state or local one-stop center of a violation of one-stop regulations and/or other federal, state, or local employment related law.” 20 CFR 651.10

5. Wagner-Peyser Related Involves one of the following: • Employer related • Agency /One-Stop related • Occurred within the last 12 months • Complainant was referred by the One-Stop • Violation of employment related laws • Violation of WP regulations by One-Stop through action or omission • Violation of terms and conditions of a job order • Discrimination • Employer in another state or another state agency • Multiple One-Stop Career Centers

6. Non- Wagner Peyser Related May involve the following: • Not related to services provided by the One-stop • Alleged violation of employment related laws • If MSFW, One-Stop must take the complaint • Violations of Occupational Safety Health Administration laws • Alleged violations of the Employment Standards Administration (ESA) • Minimum wage • Overtime

7. Not Applicable to Wagner-Peyser Complaint System • Complaints that relate to: Unemployment Insurance (UI), Workforce Investment Act (WIA), Food Stamp Employment and Training (FSET), etc. • Instruct the customer to follow procedures in the programs respective regulation WT WIA FSET

8. Complaint Filing Process

9. Complaints Filed In-Person • Explain the employment service complaint system • Determine type of complaint • WP-Related; Non-WP Related, Not Applicable • Complete the Employment and Training Administration (ETA) form 8429 • Log the complaint • Provide appropriate One-Stop services • Provide a copy of the complaint form

10. Complaints Received by Mail • Mailed complaints are acceptable • Letters with sufficient information represents a valid complaint • Letters without sufficient information require a request for additional information sent to the complainant in writing • 40 working day response period for MSFWs • 20 working day response period for non-MSFWs • Letter signed by an attorney representing the complainant serves as a valid complaint

11. Complaints Received by E-Mail • Respond to the e-mail with an ETA Form 8429 attached • Form should be faxed, sent by mail, or brought in-person to the One-Stop Center • Upon receipt of the completed form, staff should: • Log the complaint • Offer One-Stop services • Send complainant a copy of the form

12. One-Stop Center 4412 December 08 x Marion Jones 12/5/09 WHD paid hours. 002 Row Boat Inc.

13. Log Maintenance and Reporting • Mailed to Senior Monitor Advocate by 5th working day after the end of the quarter

14. Complaint Resolution WP-Related: • Complainant indicates satisfaction with the outcome • Doesn’t elevate to the next level of review • Complainant failed to respond to written requests • Twenty (20) working days for non-MSFWs • Forty (40) working days for MSFWs • Exhausts final level of review Non-WP Related • Enforcement agency makes final determination

15. Complaint File System • Maintain separate folders for WP and non-WP complaints from MSFWs • Left-Side Contains: • Fact sheet and all correspondence (originals and copies) • Right-Side Contains; • Original ETA 8429 • Original and follow-up notes • Subsequent telephone conversations • Miscellaneous documentation related to the complaint

16. Complaint File System • Identify file by name, last four SSN, year complaint taken • Folders should be: • Filed by fiscal year in alphabetical order • Contain only factual information and kept secure • All information on file for five years Jones, Marion 6598 12/08 2-002

17. Apparent Violations If a State agency employee observes, has reason to believe, or is in receipt of information regarding a suspected violation of employment related laws or JS regulations by an employer 20 CFR 653.113

18. Processing an Apparent Violation • Report violation to management in writing • Document in a memorandum • Keep identities confidential • Job orders filed in the past 12 months: • One-Stop should attempt informal resolution • Employer has five (5)working days to remedy situation • After five (5) day lapse, initiate discontinuation of services • No job order filed in the past 12 months: • Refer to appropriate enforcement agency in writing

19. Processing Apparent Violations • Log of apparent violations – MSFW • Mail to Senior Monitor Advocate by 5th working day of the month the violation is logged • Retain records for five years

20. Processing Apparent Violations Resolved: • Maintain files for five (5) years • Send a copy to the Senior Monitor Advocate • Document apparent violations log Unresolved and involves employment related laws: • Send violation to appropriate enforcement agency

23. Other Information • Complaint System Regulations • Complaint Handbook • Complaint Log • U.S. Department of Labor Wage and Hour Division • Child Labor Laws • Occupational Safety and Health

24. Quiz Test your knowledge by completing the following quiz.

25. True or False Each One-Stop Career Center must have a complaint-resolution system available during normal operating hours. A. True B. False

26. True or False Follow up on non-MSFW complaints must be completed monthly. A. True B. False

27. True or False Employers are the only party who is able to file an apparent violation. A. True B. False

28. True or False There is not a particular system for filing complaints. A. True B. False

29. Complaints may be filed in which of the following ways? A. E-mail B. Letter C. In-person D. All of the above

30. How many days are provided to MSFWs to submit additional information if requested by the region? A. 10 working days B. 15 working days C. 40 working days D. There is no time limit

31. WP related complaints may be considered resolved if which of the following occur: A. Complainant indicates satisfaction with the outcome B. Complainant fails to respond to requests for additional information C. Complaint exhausts the final level of review D. All of the above

32. A Wagner-Peyser complaint may be filed by a customer if: • A One-Stop Center staff did not provide a job referral to a qualified applicant • An employer with a job order violates the terms of the job order • An employer violates minimum wage laws • All of the above

33. A Wagner-Peyser related complaint must have occurred within the last __ months to be processed by the One-Stop? A. 6 B. There is no time limit C. 18 D. 12

34. Apparent violations are filed for suspected violations of which population? A. Universal customers B. One-Stop Staff C. Migrant and Seasonal Farm Workers D. WIA participants

35. Questions??? Marisela Ruiz - Senior Monitor Advocate Phone: (850) 921-3207 Email: Marisela.Ruiz@deo.myflorida.com Danielle McNeil - Wagner-Peyser Program Phone: (850)245-7498 Email: Danielle.McNeil@deo.myflorida.com Tammellia Bacon - Wagner-Peyser Program Phone: (850)921-3868 Email: Tammellia.Bacon@deo.myflorida.com