wagner peyser related and non-wagner peyser related complaints overview wagner peyser complaint-...
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Wagner Peyser Related and Non-Wagner Peyser Related Complaints Overview
WAGNER PEYSER COMPLAINT-RESOLUTION SYSTEM
Objectives
Background Definitions and types of complaintsComplaint filing process
Receiving complaintsComplaint forms and logsComplaint resolutionThe file system
Apparent violationsPublicly posted information
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 orderIssues Federal Regulations governing
employment systemsEstablishes monitor advocate systemEstablished complaint resolution system
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
Wagner-Peyser Related
Employer relatedAgency /One-Stop
relatedOccurred within
the last 12 monthsComplainant 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
DiscriminationEmployer in another
state or another state agency
Multiple One-Stop Career Centers
Involves one of the following:
Non- Wagner Peyser Related
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 wageOvertime
May involve the following:
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
FSET WT WIA
COMPLAINT FILING PROCESS
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
Complaints Received by Mail
Mailed complaints are acceptableLetters with sufficient information
represents a valid complaintLetters without sufficient information
require a request for additional information sent to the complainant in writing 40 working day response period for MSFWs20 working day response period for non-
MSFWsLetter signed by an attorney representing
the complainant serves as a valid complaint
Complaints Received by E-MailRespond to the e-mail with an ETA Form
8429 attachedForm should be faxed, sent by mail, or
brought in-person to the One-Stop CenterUpon receipt of the completed form, staff
should:Log the complaintOffer One-Stop servicesSend complainant a copy of the form
002 Marion JonesRow Boat Inc. x WHD paid hours.12/5/09
One-Stop Center 4412
December 08
Log Maintenance and Reporting
Mailed to Senior Monitor Advocate by 5th working day after the end of the quarter
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
Complaint File SystemMaintain separate folders for WP and non-
WP complaints from MSFWsLeft-Side Contains:
Fact sheet and all correspondence (originals and copies)
Right-Side Contains;Original ETA 8429Original and follow-up notesSubsequent telephone conversationsMiscellaneous documentation related to the
complaint
Complaint File System
Identify file by name, last four SSN, year complaint taken
Folders should be:Filed by fiscal year in alphabetical orderContain only factual information and kept
secureAll information on file for five years
Jones, Marion 6598 12/08
2-002
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
Processing an Apparent Violation
Report violation to management in writingDocument in a memorandumKeep identities confidentialJob orders filed in the past 12 months:
One-Stop should attempt informal resolutionEmployer has five (5)working days to remedy situationAfter five (5) day lapse, initiate discontinuation of services
No job order filed in the past 12 months:Refer to appropriate enforcement agency in writing
Processing Apparent ViolationsLog of apparent violations – MSFWMail to Senior Monitor Advocate by 5th
working day of the month the violation is logged
Retain records for five years
Processing Apparent Violations
Resolved:Maintain files for five (5) yearsSend a copy to the Senior Monitor AdvocateDocument apparent violations log
Unresolved and involves employment related laws:
Send violation to appropriate enforcement agency
Other InformationComplaint System RegulationsComplaint HandbookComplaint LogU.S. Department of Labor Wage and Hour
DivisionChild Labor LawsOccupational Safety and Health
Test your knowledge by completing the following quiz.
QUIZ
True or False
Each One-Stop Career Center must have a complaint-resolution system available during normal operating hours.
A. TrueB. False
True or False
Follow up on non-MSFW complaints must be completed monthly.
A. TrueB. False
True or False
Employers are the only party who is able to file an apparent violation.
A. TrueB. False
True or False
There is not a particular system for filing complaints.
A. TrueB. False
Complaints may be filed in which of the following ways?
A. E-mailB. LetterC. In-personD. All of the above
How many days are provided to MSFWs to submit additional information if requested by the region?
A. 10 working daysB. 15 working daysC. 40 working daysD. There is no time limit
WP related complaints may be considered resolved if which of the following occur:
A. Complainant indicates satisfaction with the outcomeB. Complainant fails to respond to requests for additional informationC. Complaint exhausts the final level of reviewD. All of the above
A Wagner-Peyser complaint may be filed by a customer if:
A. A One-Stop Center staff did not provide a job referral to a qualified applicant
B. An employer with a job order violates the terms of the job order
C. An employer violates minimum wage laws
D. All of the above
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
Apparent violations are filed for suspected violations of which population?
A. Universal customersB. One-Stop StaffC. Migrant and Seasonal Farm WorkersD. WIA participants
Questions???
Marisela Ruiz - Senior Monitor Advocate
Phone: (850) 921-3207
Email: [email protected]
Danielle McNeil - Wagner-Peyser Program
Phone: (850)245-7498
Email: [email protected]
Tammellia Bacon - Wagner-Peyser Program
Phone: (850)921-3868
Email: [email protected]