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Wagner Peyser Related and Non-Wagner Peyser Related Complai Wagner Peyser Related and Non-Wagner Peyser Related Complai

Wagner Peyser Related and Non-Wagner Peyser Related Complai - PowerPoint Presentation

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Wagner Peyser Related and Non-Wagner Peyser Related Complai - PPT Presentation

Wagner Peyser ComplaintResolution System Objectives Background Definitions and types of complaints Complaint filing process Receiving complaints Complaint forms and logs Complaint resolution ID: 189994

related complaint complaints stop complaint related stop complaints system employment wagner peyser information working violations violation apparent false true

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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 agencySlide21
Slide22
Slide23

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