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Learn the key elements required in job orders, such as qualifications, hiring criteria, salary details, and more to ensure compliance with laws and attract qualified workers. Understand the importance of clear and specific job descriptions using keywords and avoiding vague language. Discover how to handle special requirements like drug testing and compliance with Equal Employment Opportunity laws. Stay informed about writing confidential job orders and responding to potential violations of employment laws.
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Job Order Definition Job Orders are structured records of employer’s requirements for filling vacant positions with qualified workers. • Job Orders must contain the following: • Qualifications a worker must have to • perform the duties. • Specific hiring requirements. • Information about the job (pay, benefits, • hours, etc.) • Referral instructions.
JOB OPENING • A job opening is a job vacancy that an employer intends to fill. It is inconsistent with the purpose of One-Stop to refer jobseekers to an employer who wishes only to build applicant files for possible future openings.
ENTRY OF JOB ORDERS • All job orders and job openings are to be entered into the W-P reporting system immediately upon being received by One-Stop Center staff. All job orders entered should comply with Federal and State laws.
W-P EMPLOYER INVOLVEMENT RATE • Total number of “unique” employers submitting job orders divided by the number of employers reporting new hires via the DOR New Hire Report (Standard = 25%) • Calculation Total number of employers receiving WP services (MIS 0117) Total number of employers reporting new hires in the Department of Revenue monthly New Hire Report (MIS #016) • Data obtained from J455
WAGES ON JOB ORDERS • No entry is required in the salary field for commission jobs or if an employer chooses not to list the salary for the position. In all other cases, the actual wage or wage range as expressed by the employer should be listed on the job order.
W-P ENTERED EMPLOYMENT WAGE RATE • Average WP hourly wage rate at placement based on job orders filled, expressed as a percentage of the regionally adjusted LLSIL (Standard = 86.0%) • Calculation The average WP program hourly wage rate at entry into employment (MIS 173) The regionally adjusted LLSIL for a family of 3 (Lower Living Standard Income Level provided by AWI/Labor Market Statistics) • Data obtained from OSMIS Reports (J455)
Equal Employment Opportunity and Affirmative Action Compliance
Special Requirements • Drug Testing • Physical Examinations To be a legitimate requirement: The company policy must be that jobseekers, regardless of referral source, meet the same criteria for hiring . Must be included in summary & jobseekers must be advised prior to referral.
SPECIAL REQUIREMENTS • Polygraph Examinations (Only applies to governmental agencies such as US, State, County, etc and security services companies such as armored car personnel, security personnel, and security system design, installation & maintenance.) • Private employers may require jobseekers pay for pre-employment tests with or w/o future reimbursement from the employer.
Specific job title Qualifiers & disqualifiers first “R” in last space if there are notes on the notes screen. No employer identifying information should be displayed in summary Avoid vague adjectives. Must comply with law. Writing Job Orders for Public View
Writing Job Orders • Use acronyms sparingly • Check for typographical errors. • Use key words • Be specific about type of experience required. • Ask for a technical question if necessary. • Specify language (bilingual and/or read/write.)
Writing Job Orders • O'NET appropriate to job duties. • All zeros in pay section for commission sales or if employer does not list salary for position. • Confidential Job Order -- use the employer’s name and the One-Stop Center’s address & phone number. When the order is closed change the address & phone number to the employer’s.
Orders in Violation of the Law • Job requirements and conditions of employment must be in compliance with federal, state, and local laws. • The employer must be advised of the apparent violation and given an opportunity to explain the requirement or modify the requirement. • If the employer is unwilling to withdraw the illegal specifications, the order should be voided. (After the supervisor has reviewed it.)
Orders in Violation of the Law • Florida’s Right to Work Law and the National Labor Relations Act prohibit an employer covered by either law from specifying that jobseekers must be either a member or non-member of a union to be hired. • Job Orders from labor organizations requiring that the jobseeker join the union are acceptable if the union has legitimate job openings with an employer. • The job order should not contain restricting specification unless the employer can justify them as being a bona fide occupational qualification. Example: In lingerie sales, an employer cannot specify a female because it is not a bona fide requirement.
Substandard Orders • One Stop should refrain from active recruitment to fill orders that offer wages below federal minimum wage from employers who are not subject to the Fair Labor Standards Act. • Tactfully inform the employer of the probable difficulty in filling such an order. • If the employer is unwilling to modify the order, take the order without further comment.
REQUEST THAT MAY BE SPURIOUS • The order taker should obtain as much information as possible about the employer and the job to make a determination about the legitimacy of the job order prior to taking action and making referrals.
Referral to Private & Temporary Help Agencies Wagner-Peyser Act States: “Nothing in this Act shall be construed to prohibit the referral of any jobseeker to private agencies as long as the jobseeker is not charged a fee.” The job seeker must be advised the referral is to a temporary agency and that there is no fee. Job Summary should begin with the phrase: POSITION OFFERED BY NO FEE AGENCY
Job Orders Requesting Independent Contractors Staff should accept job orders from employers desiring to recruit individuals as independent contractors as long as the terms and conditions of employment are spelled out in the job order summary and to the jobseekers before referral is made. JOB SUMMARY _ This is an independent contractor/business opportunity and does not establish an employee/employer relationship. Will receive IRS 1099 form and will be responsible for own withholding taxes………
Agricultural Job Orders • “Referrals within commuting distance only” is required, if order is not to be placed in clearance system. • Job site address must be included if different from address on job order. Indicate directions on “R” screen. • Try to use job titles that match ONET code • If duration 4-150 days, a specific estimated number of days or months must be shown. • Wage rate must be specific, depending on experience is not acceptable.
Agricultural Job Orders • Specific days & hours • Describe job specifically. What does worker do? How does worker do it? Why does worker do it? What degree of skill is involved? • If paid by piece include: Amount to be paid. Pay unit. Size unit. Is employer covered by Fair Labor Standards Act or guarantee minimum wage? • If employer is crewleader, must include crewleader’s federal registration number and certification of state registration.
Agricultural Job Orders JOB SUMMARY _ Harvester - Will pick packing house and juice citrus. Fill 90 LB bag and dump into bin. Will use ladders up to 20 ft. in length. M-S, 6:30 am to 4 pm - Days and hours to be worked depend on crop & weather conditions, $0.55 per 1 bu., employer covered by FLSA. Refer within commuting distance only. No housing/ no transportation. Will work February thru April depending on crop & weather conditions ____________R Note: All agricultural orders should display “0” in clearance. The comment “refer within commuting distance only” must be a part of the job summary.
Referral During Labor Disputes • State agencies shall notify the regional board offices of the existence of labor disputes which: • Result is a work stoppage at an establishment involving a significant number of workers; or • Involve multi-establishment employers with other establishments outside the reporting state. One-Stop Managers should keep the State Office informed regarding labor disputes involving lockouts or strikes.
Referral During Labor Disputes • Make no job referral which will aid directly or indirectly in the filling of a job opening which is vacant because the former occupant is on strike, or is being locked out due to a labor dispute or the filling of which is an issue in a labor dispute involving a work stoppage. • Written notification shall be provided to all jobseekers referred to jobs not at issue in the labor dispute if the employing unit is involved in a labor dispute.
Referral During Labor Disputes • When a job order is received from an employer involved in a labor dispute involving a work stoppage, State agencies shall: • Verify the existence of the labor dispute & determine its significance to each vacancy in the job order ; and • Notify all potentially affected associates concerning the labor dispute. • State agencies shall resume full referral services when it has been verified with the employer and the workers’ representative, that the labor dispute has been terminated.
Federal Contractors • Government contractors and subcontractors are required to take affirmative action to employ and promote qualified special disabled and Vietnam-era veterans. This applies to all government contracts and subcontracts for supplies or services (including construction) for $100,000 or more. By federal law, job openings must be listed with One-Stop. • Answer “yes” to “Mandatory Listing?”. • Begin job summary with phrase “24 Hr.Vet Preference”
VETERAN PRIORITY • Most new job orders should be immediately computer searched for qualified veterans. Job orders, including those, which indicate no experience is necessary or those where the employer will train, should also be computer searched for qualified veterans. Whether or not a job order is computer searched for veterans will be left to the discretion of the LVER/DVOP or One-Stop Center Manager. In making this determination, the following should be considered: • The overall local labor market; and • The availability of qualified veterans.
IRCA Job OrdersImmigration Reform and Control Act • When an employer requests that One-Stop complete I-9 forms on jobseekers prior to referral, the job order must be marked as follows: • An “x” is placed in the I-9 field. • “IRCA order I-9’s required” is written in the summary. • The Form I-9 must be completed prior to referral • The Form I-9 must be kept on file for 3 years
Affirmative Action Job Orders An Affirmative Action job order is one that seeks qualified jobseekers particularly those who are a member of a specified group that for reasons of past custom, historical practice, or other non-occupationally valid purposes have been discouraged from entering certain occupation fields. Affirmative Action results from Government Acts or Court Orders. Page 4 of job order “Is this job order in response to an affirmative action ruling?” - select YES. Begin Job Summary with, ”Affirmative Action- Females are encouraged to apply”
ALIEN LABOR CERTIFICATION • Employers file applications for certification directly with USDOL • Employers are required to directly file a mandatory 30-day job order with the One Stop Center nearest the area of intended employment. • Job offer must contain key elements of the employer’s attestation
ALIEN LABOR CERTIFICATION • Job Order must consists of specific statements • Job Order should be treated as any other job order • Provide all qualified and interested applicants a referral. • Employer is required to maintain records of job order and referral
Job Order Results and Change of Status • Closing or changing the status of a job order is the sole responsibility of the order holding office. The order holding office is responsible verifying referrals results, etc. • Staff should not change the status of a job order written by an office other than its own.
Definition of a Placement “Placement” means the hiring by a public or private employer of an individual referred by the One-Stop Centers for a job or for an interview, provided that the employment office completed all of the following steps:
PLACEMENT DEFINITION CONT. 1. Prepared a job order form prior to referral, except in case of job development. 2. Made prior arrangements with the employer for the referral of an individual(s). 3. Referred an individual who had not been specifically designated by the employer, except referrals on agricultural job orders for a specific crew leader or worker. 4. Verified from a reliable source, preferably the employer, that the individual had started to work. 5. Appropriately recorded the placement.
MASS RECRUITMENT RECRUITING AGREEMENTS • To avoid potential violation of the federal placement definition, Job orders should be taken as soon as possible. Under no circumstances should a One-Stop participate in a • recruitment without first entering the job order(s) into the W-P reporting system.
JOB DEVELOPMENT JOB ORDERS • If staff later learn that a job seeker was hired on a job to which a job development referral was made, staff should write a job order and take placement credit. • View services (DS) in the W-P reporting system to ensure that the job development referral was entered timely and properly documented in the “Applicant Service Screen”. Once a match is determined, a job order should be written.
JOB DEVELOPMENT JOB ORDERS • Enter “001” in the “OPN” field • Enter “001” in the “REF” field • In the summary section of the job order, write “job development hire”. • Enter “1” in the JD/MAN field • Enter the verifying date and source in the job order comments section, IE: “02/28/04 -Verified by Peg Smith, Personnel Manager”, or “02/28/04 Verified by jobseeker”.
DELAYED PLACEMENTS • Once it has been determined that a placement should be taken as a result of a delayed hire, staff should enter the minimum required entries for a new job order on the job order screen, as well as the minimum required entries needed for a new referral/placement transaction.
DELAYED PLACEMENTS • A delayed placement (hire) can best be described as a placement taken for an applicant, who had a previous job referral posted, and was hired as a result of the referral, but the placement was missed by One-Stop Staff. At a later date, when it is discovered that the applicant actually worked, a “delayed placement” credit may be taken.
REPORTING DELAYED PLACEMENTS • Enter the minimum required entries for a duplicate job order. Enter an "R" in the first space of the “Position Title to identify the order as one that has been re-entered. • Submit a new referral for this Job Order. • Select the “Do not Display Job Orders to Job seeker” box on Page 4 of the Job Order
JOB ORDER MAINTENANCE The job order follow-up schedule below is recommended: • Fully referred orders should be verified daily. • Orders on legal hold should be verified weekly. • All other orders should be verified at least every two weeks.
JOB ORDER MAINTENANCE • RWBs should implement local procedures that best suit their needs for the management of job orders. Closing or changing the status of a job order may be the sole responsibility of the order holding office, or RWBs may choose to delegate that responsibility, i.e., “Business Services Center”. • Staff should not close or change the status of other regions job orders.
W-P CUSTOMER SATISFACTION RATE - EMPLOYERS • Based on a monthly telephone survey, the average employer rating for the three federally mandated questions regarding overall satisfaction and reported on a scale of 0-100 • Employers selected from OSMIS Job Orders Screen • Goal is negotiated (76)
Order Taking Techniques • Use tact in questioning an employer about hiring requirements. • Questions should not imply a certain answer is expected or cause the employer to make arbitrary decisions about age, education, years of experience or physical requirements. • Find out whether requirements are firm or mere preferences. • Explain the necessity of reporting a filled position as soon as possible. • Advise the employer of the verification process.