Wagner Peyser ComplaintResolution System Objectives Background Definitions and types of complaints Complaint filing process Receiving complaints Complaint forms and logs Complaint resolution ID: 189994
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Slide1
Wagner Peyser Related and Non-Wagner Peyser Related Complaints Overview
Wagner Peyser Complaint-Resolution SystemSlide2
ObjectivesBackground
Definitions and types of complaints
Complaint filing process
Receiving complaints
Complaint forms and logs
Complaint resolution
The file system
Apparent violations
Publicly posted informationSlide3
Establishing the Complaint System1971- 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 systemSlide4
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 651.10Slide5
Wagner-Peyser RelatedEmployer 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
Discrimination
Employer in another state or another state agency
Multiple One-Stop Career Centers
Involves one of the following:Slide6
Non- Wagner Peyser RelatedNot related to services provided by the One-stopAlleged violation of employment related lawsIf 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
May involve the following:Slide7
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
WIASlide8
Complaint Filing ProcessSlide9
Complaints Filed In-PersonExplain 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 formSlide10
Complaints Received by MailMailed 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 complaintSlide11
Complaints Received by E-MailRespond 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 formSlide12
002
Marion Jones
Row Boat Inc.
x
WHD paid hours.
12/5/09
One-Stop Center
4412
December 08Slide13
Log Maintenance and ReportingMailed to Senior Monitor Advocate by 5th
working day after the end of the quarterSlide14
Complaint ResolutionWP-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 determinationSlide15
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
complaintSlide16
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
2-002Slide17
Apparent ViolationsIf 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 employer20 CFR 653.113Slide18
Processing an Apparent ViolationReport 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 writingSlide19
Processing Apparent ViolationsLog of apparent violations – MSFW
Mail to Senior Monitor Advocate by 5
th
working day of the month the violation is logged
Retain records for five yearsSlide20
Processing Apparent ViolationsResolved:
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 agencySlide21Slide22Slide23
Other InformationComplaint System RegulationsComplaint Handbook
Complaint Log
U.S. Department of Labor Wage and Hour Division
Child Labor Laws
Occupational Safety and HealthSlide24
Test your knowledge by completing the following quiz.QuizSlide25
True or FalseEach One-Stop Career Center must have a complaint-resolution system available during normal operating hours. A. True B. FalseSlide26
True or FalseFollow up on non-MSFW complaints must be completed monthly. A. True B. FalseSlide27
True or FalseEmployers are the only party who is able to file an apparent violation. A. True B. FalseSlide28
True or FalseThere is not a particular system for filing complaints. A. True B. FalseSlide29
Complaints may be filed in which of the following ways? A. E-mail B. Letter C. In-person
D. All of the aboveSlide30
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 limitSlide31
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 aboveSlide32
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 aboveSlide33
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. 12Slide34
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 participantsSlide35
Questions???Marisela Ruiz - Senior Monitor AdvocatePhone: (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