Transcript Wagner Peyser Complaint

WAGNER PEYSER COMPLAINTRESOLUTION SYSTEM
Wagner Peyser Related and Non-Wagner Peyser
Related Complaints Overview
Objectives
 Background
 Definitions and types of complaints
 Complaint filing process
 Receiving complaints
 Complaint forms and logs
 Complaint resolution
 The file system
 Apparent violations
 Publicly 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 order
 Issues Federal Regulations governing employment
systems
 Establishes monitor advocate system
 Established 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 related
 Agency /One-Stop
related
 Occurred within the
last 12 months
 Complainant was
referred by the OneStop
Involves one of the following:
 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
Non- Wagner Peyser Related
May involve the following:
 Not related to services
 Violations of
provided by the Onestop
 Alleged violation of
employment related
laws
 If MSFW, One-Stop
must take the
complaint
Occupational Safety
Health Administration
laws
 Alleged violations of
the Employment
Standards
Administration (ESA)
 Minimum wage
 Overtime
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
COMPLAINT FILING PROCESS
Complaints Filed In-Person

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Explain the employment service complaint
system
Determine type of complaint
 WP-Related; Non-WP Related, Not Applicable


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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 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 complaint
Complaints Received by E-Mail
 Respond 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 form
One-Stop Center 4412
002 Marion Jones Row Boat Inc.
x
December 08
12/5/09
WHD paid hours.
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


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
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 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
complaint
Complaint File System
 Identify file by name, last four SSN, year complaint
taken
Jones, Marion 6598
12/08
2-002
 Folders should be:
 Filed by fiscal year in alphabetical order
 Contain only factual information and kept secure
 All information on file for five years
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 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 writing
Processing Apparent Violations
 Log of apparent violations – MSFW
 Mail 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) years
 Send a copy to the Senior Monitor Advocate
 Document apparent violations log
Unresolved and involves employment related laws:
 Send violation to appropriate enforcement agency
Other Information
 Complaint System Regulations
 Complaint Handbook
 Complaint Log
 U.S. Department of Labor Wage and Hour
Division
 Child Labor Laws
 Occupational Safety and Health
QUIZ
Test your knowledge by completing the following quiz.
True or False
Each One-Stop Career Center must have a
complaint-resolution system available during
normal operating hours.
A. True
B. False
True or False
Follow up on non-MSFW complaints must be
completed monthly.
A. True
B. False
True or False
Employers are the only party who is able to file an
apparent violation.
A. True
B. False
True or False
There is not a particular system for filing
complaints.
A. True
B. False
Complaints may be filed in which of the
following ways?
A. E-mail
B. Letter
C. In-person
D. All of the above
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 limit
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 above
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
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.
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 customers
B. One-Stop Staff
C. Migrant and Seasonal Farm Workers
D. 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]