Wagner Peyser Complaint-Resolution System

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 One-Stop 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 Violations of

services provided by the One-stop Alleged violation of employment related laws If MSFW, OneStop 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 FSET

WT WIA 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 002 Marion Jones Row Boat Inc. One-Stop Center 4412

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 Doesnt 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

B. 15 working C. 40 working D. There is no days days days 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]

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