Wagner Peyser Complaint
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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
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 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
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]