Transcript Document

Agricultural Recruitment
System Technical Handbook
Agricultural Clearance System
Wagner-Peyser Act
• Wagner-Peyser mandates the United States
Employment Service maintain a system for the
orderly movement of workers within and between
States.
• The regulations are based on the Department’s
policy of requiring specific assurances and
information in the Agricultural Clearance Orders.
• Provide protection to the workers who are not
seeking permanent relocation but rather temporary
agricultural employment.
How the ARS Process Works
Employer determines need for workers
and places a local job order at
appropriate SWA office.
Appropriate SWA office prepares local
job order and recruits locally only.
How the ARS Process Works
If labor needs are not met through the local job
order, employer should be advised of option to
clear order to the other local offices within the
state.
With employer authorization, the SWA submits an
Intrastate Job Order to the appropriate Regional
ETA office for review as an Interstate Clearance
Order.
How the ARS Process Works
Regional Office approves or disapproves the
Interstate Clearance Orders.
If approved, the Regional Office determines
the areas of supply to extend the order.
Once the SWA has been notified the Clearance
Order has been approved, the SWA (OHO)
then electronically sends the order directly to
AJB, and to ETA designated State(s)
State Workforce Agency (SWA)
Responsibilities In States Selected
for Recruitment
• SWA is known as applicant-holding office
(AHO) when making referrals
• Recruits workers by providing information
about the availability of jobs
• Explains terms and conditions of employment
• Arranges interview through OHO for the
interested workers and the employer
• Assists in finalizing hiring agreements.
Order-Holding Office (OHO)
Responsibilities
• Continues with responsibility for
placement process until recruited, out of
area workers arrive at the jobsite and begin
employment
• Other Responsibilities include:
– assisting the employer
– advising labor supply states of changes in crop and
recruitment conditions
– informing the employer of any changes in the status
of recruited workers that may impact the employer’s
labor needs
OHO Responsibilities
• After Workers Arrive and Begin
Employment
– Oversees and conducts on-site field checks of job
sites where domestic workers have been placed
– Responds to any work related complaints from the
worker(s)
– Provides outreach, an explanation of available
services to on- site workers and/or local staff
Who May Place an Agricultural
Clearance Order?
• Agricultural employer meeting
definition at 20 CFR 651.10
– Includes a person, firm, corporation, partnership,
association, organization or registered Farm Labor
Contractor (FLC)
– If a FLC functions as an employer, a valid federal
and state (if applicable) registration is required
Where and How to Place a
Clearance Order
• Local Job Order
– Employer contacts SWA
– Local Job order is placed if sufficient numbers
of local workers are not available.
Intrastate Clearance Orders
• May be filed if sufficient numbers of
local workers are unavailable
• SWA is responsible for preparing forms
• Employer may prepare forms and
supplemental information
Intrastate Clearance Orders
• ETA 790, Agricultural and Food
Processing Clearance Order and all
required attachments must be prepared
• The SWA must schedule pre-occupancy
housing inspections or coordinate with
other appropriate agencies for housing
inspections.
– If housing has already been approved, the approval
should accompany the order
Intrastate Clearance Orders
• If a request for Conditional Access has been
submitted by the employer and accompanies the
Intrastate Clearance Order, then the inspection
must be scheduled accordingly
• Once the housing has been approved, SWA
notifies ETA
• SWA reviews the Intrastate Clearance Order to
ensure compliance with applicable regulations
• SWA coordinates recruitment of workers from
within the State
Intrastate Clearance Orders
• Employer is required to provide the same
information as is required for Intrastate
Clearance Orders
• SWA uses the same Clearance Order
Package as it does for Intrastate
Clearance Orders
Intrastate Clearance Orders
• May request approval as an Interstate
Clearance Order if the following
conditions are met:
– Employer and SWA are unable to locate sufficient
workers or anticipate a shortage of workers within
the state
ETA’s Regional Office
Responsibilities
• Approves or denies the Interstate
Clearance Order within 10 working days
from the date received from the SWA
– The Agricultural Clearance Order Checklist should
be used to review the Order to ensure compliance
with applicable regulations.
ETA’s Regional Office
Responsibilities
• If approved, the Regional Office (RO)
specifies the States to which the order is
extended
• RO Notifies OHO of approval and instructs
where to extend the Clearance Order
• If the Order is disapproved, the RO
provides the SWA in writing the reasons for
denial
OHO Responsibilities
•
Distributes copies of the approved Order
and all necessary attachments including
summary checklist to the following:
1. One copy to each SWA for States selected for
recruitment.
2. One copy to the ETA Regional Office having
jurisdiction over the state(s)to which the order has
been extended.
3. One copy to the Regional Farm Labor Coordinated
Enforcement Committee in the area of intended
employment.
OHO Responsibilities in
States Selected for
Recruitment
• Begins recruitment of workers
• Provides checklist of wages, working conditions
and other information to the referred workers
– The checklist is to be made available in English,
Spanish, or any other language as necessary
• Provides statement of worker’s rights to each
referred worker
• Makes a copy of the complete Clearance Order
available for inspection
What to Submit as Clearance
Order Package
• Signed Form ETA 790, Agricultural and Food
Processing Clearance Order which describes
the terms and conditions of employment.
• ETA 790 Attachments to furnish additional
information, numbered accordingly
• Signed assurances that employer will abide by
the terms and conditions of the job order
• Housing Approval or Request for Conditional
Access
When to Place a Clearance Order
• Order should be placed no later than 8 weeks
before the date of need for the workers
• Order should be placed as soon as it is
determined that there are a sufficient numbers
of workers who are or are not available within
the local area
NOTE
The earlier the order is placed, the greater the
chance of finding workers
Where and How to Place a
Clearance Order?
• File Local Job Order with appropriate SWA
office serving area of intended employment
• Local Order may be changed to Intrastate
Clearance Order when it has been determined
through local recruitment that sufficient
numbers of local workers are not available to
meet the employer’s needs or the appropriate
SWA anticipates a shortage of local workers
Amendments to a
Clearance Order
• Modifications due to a change in the
date of need due to changes in crop or
market conditions should be filed at
least 10 working days prior to the
original date of need
Worker Check-in Requirement
• To be eligible for any wage guarantee,
workers must contact the OHO through any
SWA office in any state 5 to 9 working days
prior to the original date of need
– The SWA office contacted by the worker must assist the
worker in contacting the OHO in a timely manner
Worker Check-in Requirement
• The SWA in contact with workers whose
start date has been delayed must make every
effort to refer the worker to alternative job
opportunities until the start date occurs
• The SWA must document notifications
made by the employer and the worker(s) to
verify the date of need
Other Modifications
• Extension of Employment Period beyond the period
of employment in the Clearance Order does NOT
obligate a worker to extend his/her employment
commitment
• Extension of Employment Period beyond the period
of employment in the Clearance Order does not
relieve the employer from:
– Paying the wages already earned
– Any bonus or work incentive stated in the Order
– Providing or paying transportation expenses to
the worker’s home, if specified in the Order
Processing and Referral Procedures
for Both Intra and Interstate Orders
• Positive Recruitment
– Involves direct action on the part of the employer
to recruit workers by referring workers to an
interview with employer in an OHO
• Direct Referral
– OHO directs qualified job seeker to an employer in
another state for an interview
Processing and Referral Procedures
for Both Intra and Interstate Orders
• Delegation of Hiring Authority
– The SWA is designated as the hiring agent by the
employer and makes hiring commitments which
are binding upon the employer
OHO Referral Responsibilities
• Coordinate referrals
• Makes all changes to terms and conditions
in the Clearance Order by the employer
after DOL approval
• Contacts employers to assist in placing
applicants
• Confirms all actions concerning workers
• Advises workers and provides community
service information.
AHO Referral Responsibilities
• Conduct local file search
• Initiate intensive recruitment action
(radio/newspaper, etc.)
• Complete full or partial application on each
job seeker prior to referral
• Advise worker of terms/conditions and
qualifications for the job
AHO Referral Responsibilities
• Verify that each crew leader functioning as
an employer or being referred to the
employer has a current Federal and if
applicable, a State FLC license with
appropriate authorizations
• Contact OHO to assist in the referral
process (arranging interviews, etc.)
• Confirm with OHO final arrangements
AHO Referral Responsibilities
• Report any referral problems to OHO
• Provide translation services if requested/available
• Assist in transportation arrangements provided by
the employer
• Confirm w/OHO any arrangements made between
employer and job seekers
• Immediately inform OHO of any problems related
to the referral
Regulations/Disclaimer
Statements
• The Clearance Order must comply with
the regulations at 20 CFR 653.501
• The Order must contain the required
disclaimers.
Terms and Conditions of
Employment
• The terms and conditions must meet the
following provisions:
– The Order must not contain any unlawful
discriminatory specification which is unrelated to job
performance.
– The Order must comply with applicable employment
related Federal and State Laws.
– The prevailing conditions among similarly employed
farmworkers in the area of intended employment shall
be the minimum benefits and working conditions.
Components of a
Clearance Order
• Nature of Employment
– The scope of the job must be specified in terms of the
crop and crop activities involved, the tasks to be
performed, and the tools or equipment used
• Employment Period
– The duration of employment must cover the estimated
hours of work per day and per week and the anticipated
starting and ending dates of employment
Assurances
• The regulatory assurances must be
included as a part of all Clearance
Orders
– As the attachment of a signed copy of the
Assurances statement (see Appendix C)
– As a statement on the ETA Form 790 agreeing to
abide by the assurances.
Wage Information and
Requirements
• The wage rate for “each activity” may
be no less than the highest of the
following:
– The prevailing wage rate
– The Federal or the State minimum wage rate
– The Adverse Effect Wage Rate (AEWR)
Wage Information
• The wage rate requirement also applies to piece rates,
base rates, or bonuses
– In this instance, the employer must submit the method of calculating
the wage rate and supporting materials to the local SWA office
• The local SWA office staff reviews the estimate to
ensure compliance with the prevailing wage rate or
• The applicable Federal or State minimum wage rate,
or the AEWR, whichever is highest.
Wage Information
• Any bonus or work incentive must be
stated in the job order
– The employer must specify how the bonus is earned
– Payment of bonuses or incentives are not to be
contingent upon the worker remaining in
employment beyond the initial period of
employment
– Workers with children who need to return home for
the beginning of the school year are entitled to
wages, bonuses, incentives, and other expenses at
the time of departure
Wage Information
• The employer must indicate all deductions
to be made from wages on the order
• The employer must list all major nonmonetary benefits to be offered to the
workers
Housing
• No cost or public housing which meets
Federal, State, and/or other applicable
standards must be available to the specified
number of workers being requested on the
Order
• Housing facilities cover workers and family
members (if applicable) who are unable to
return to their residence in the same day
Housing
• A preoccupancy housing inspection
is conducted by the local SWA office
or other appropriate public agency
Transportation and Field Visits
• The employer must provide or pay for the
transportation of the workers and their families if
it is commonly provided or paid for by employers
in the area of intended employment to workers
• The employer must assure the SWA staff that
reasonable access will be available to the
employer’s premises in order to:
– Talk with farm workers and the employer
– Verify compliance with the terms and conditions of
employment as specified in the Order
Field Checks
• The SWA must conduct random, unannounced
field checks of worksites where domestic workers
have been placed on Orders
• Informal resolutions on observed violations must
be made by the SWA within 5 working days.
Violations of employment related laws shall be
referred to the appropriate enforcement agency.
Complaints
• Job seekers referred on a Clearance Order
must be given a copy of workers’ rights
information
• The workers have a right to file a complaint
with the Employment Service if the
employer violates the terms and conditions
of the Clearance Order
• Specific regulatory provisions are found at
20 CFR Part 658, Subpart E