WAGNER-PEYSER COMPLAINT RESOLUTION SYSTEM

FLORIDA WORKFORCE DEVELOPMENT SYSTEM

Background

• 1973 – Lawsuit alleging that farm-workers were discriminated against by Employment Service

• NAACP vs. Marshall – Case won• Federal Regulations issued• Each office must offer full range of

services to MSFWs• Complaint system established

PURPOSE * POLICY

• PURPOSE To provide guidance regarding the Wagner Peyser

Complaint Resolution System for Florida One-Stop Centers.

• POLICY 20CFR 658.400-401 and 410-418 provide guidelines to establish

and maintain a complaint system that will receive and process complaints filed through each one-stop center.

20 CFR 653.113 provides the guidelines for the processing of apparent violations by state agency/one-stop center employees who observe, have reason to believe or are in receipt of information regarding a suspected violation of employment related laws.

COMPLAINT - DEFINITION

"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"

TYPES OF COMPLAINTS

• When a complaint is filed, the Complaint Specialist must decide whether the complaint is:– Wagner-Peyser related – Non Wagner-Peyser related– Not related to the WP complaint system.

Wagner-Peyser Related If the complaint involves AND: AND:An alleged violation occurring within the last 12 months

It involves a violation of ES regulations by one-stop (OS) staff through action or omission.It involves a violation of the terms & conditions of a job order by an employer

•OS referred •Complaint is about the specific job

It involves a violation of employment related laws by an employer.

•OS referred

Wagner-Peyser Related Complaints1. Alleged Discrimination by

employerI.E. Female referred. Employer wanted to hire a man

2. Involves employer/state agency in another state

I.E. Texas OS refers applicant to job in Texas

3. Involves more than one office statewide, or another One-Stop Office

I.E. MSFW went to 5 different offices. All refused to refer him to a non-ag job

4. Violation of Employment Service Regulations

I.E. John was not allowed to see a job counselor

5. Violation of an employment-related law

I.E. Referred by OS to employerNot paid for hours worked

6. Violation of the terms and conditions of a job order

I.E. Employer paid worker $7 Hr. Job order stated $8 Hr.

NON WAGNER-PEYSER RELATED COMPLAINT

Involves MSFWs and a violation of a law enforced by the Employment Standards Administration (ESA) or the Occupational Safety and Health Administration (OSHA)

I.E. Sue, A MSFW, wants to file a complaint against her employer because hazardous chemicals are often left open. One-Stop did not refer Sue to the job.

All other non Wagner-Peyser related complaints

I.E. Sara wants to file a complaint against her employer because he is not paying minimum wage

MUST MEET DEFINITION OF A COMPLAINT

NOT APPLICABLE TO WP COMPLAINT SYSTEM

• UI, WIA, Welfare Transition• Federal Contractor job listing • Complaints from One-Stop staff

Handle these complaints according to their respective complaint regulations.

One-Stop Center Related COMPLAINTS

WP REL 1

WP REL 2

WP REL 3

WP REL 4

WP REL 5

WP REL 6

NON WPRELATED

COMPLAINT

WHAT TO DO

X X X X X X XMSFW

COMPLETE FORM ETA 8429 COMPLAINT/REFERRAL FORM

X X X X X X X LOG THE COMPLAINT

X X X X X X X OFFER APPROPRIATE ONE-STOP SERVICES

X X X X X X X GIVE COMPLAINANT A COPY OF COMPLAINT FORM

X X X REFER TO APPROPRIATE ENFORCEMENT AGENCY (SEE INSTRUCTIONS)

X X INVESTIGATE COMPLAINT-ATTEMPT RESOLUTION (TIME LIMITS APPLY-SEE INSTRUCTIONS)

IF MSFW

IFMSFW

COPY FILE TO STATE AWI OFFICE, IG'S OFFICE & COPY COVER MEMO TO COMPLAINTANT

NONMSFW

NONMSFW

COPY FILE TO STATE OFFICE - COPY COVER MEMO TO COMPLAINTANT

X AGAINST ANOTHER ONE STOP? TAKE COMPLAINT. SEND IT TO OFFICE COMPLAINT IS AGAINST

X AGAINST MORE THAN (1) ONE STOP CENTER? SEND COMPLAINT TO AWI STATE OFFICE

IF MSFW

NECESSARY TO FOLLOW UP MONTHLY UNTIL RESOLUTION

NON MSFW

NECESSARY TO FOLLOW UP QUARTERLY UNTIL RESOLUTION

X XMSFW

SEND LETTER TO REFERRAL AGENCY AND COPY COMPLAINTANT

X X X X ADDITIONAL WRITTEN/TELEPHONE FOLLOW UP NECESSARY UNTIL RESOLUTION (SEE INSTRUCTIONS)

RECEIVING A COMPLAINT IN PERSON

• Each one-stop center should have a trained specialist available during regular office hours to take complaints– Explain operation of the WP complaint system– Assist the complainant in completing forms as

necessary

• An individual may file a complaint at a one-stop center or by contact with A MSFW outreach worker in the field.

RECEIVING A COMPLAINT BY LETTER

• If the complaint gives sufficient information and is signed, it should be initiated by a trained specialist.

• If the complaint does not give sufficient information to investigate the complaint quickly, request additional information from the complainant in writing. Allow forty (40) working days for Migrant Seasonal Farmworkers (MSFWs) and twenty (20) working days for non-MSFWs.

THE FILE SYSTEM

• Maintain a separate folder for all One-Stop related complaints and each non related complaint from MSFWs

• Identify each file by the complainant’s name, last four in SSN and month & year complaint was taken

John Dollar3456 02/05

THE FILE SYSTEMInclude in each folder:

• Complaint/Referral Form (ETA 8429)

• Fact sheet – Date and action taken

• Original notes taken at the time of complaint, subsequent telephone conversations, follow-up notes, etc

The File System• Assign file number to include the quarter

complaint was filed and the consecutive number beginning on July 1.

• July – September (1st Quarter) 1/001, 1/002, 1/003, 1/004• October – December (2nd Quarter) 2/005, 2/006, 2/007• January – March (3rd Quarter) 3/008, 3/009, 3/010, 3/011 • April – June (4th Quarter) 4/012,4/013, 4/014, 4/015, 4/016

3/008------

The File System

• File alphabetically by fiscal year (July 1-June 30

• Ensure that files are kept secure, since they are confidential

• Ensure that complaint files contain only factual information

• Record retention is 3 years from date of last action. Then destroy.

JULY 1JULY 1

Complaint Form Description

• If the complainant does not require assistance, allow the complainant to print the statement.

• If the complainant requires assistance, print the statement for the complainant using the first person (“I…”)

Complaint Form Description

• The specific charge of wrong doing

• Proposed Corrective Action

• Exact amount of money due

• Hours worked or bins, boxes picked

• Work performed

• Name of immediate supervisor

• Exact dates, times• Use additional sheets

if necessary. Do not `write on back of form

• Draw line from last statement to end of the page.

THE COMPLAINT LOG

• Each complaint must be numbered

• Thoroughly complete log• Logs (and forms) should be kept

for three years from the date completed

• Reports are due quarterly if have complaints

WHEN IS A COMPLAINT RESOLVED?The Complainant:• Indicates satisfaction with the

outcome• Chooses not to elevate the complaint • Fails to respond to a written request:

– 20 working days for non MSFWs. – 40 working days for MSFWs.

• Exhausts the final level of reviewOR

• The enforcement agency makes a final determination on a referred complaint

APPARENT VIOLATION “An apparent violation occurs

when an employee observes, or has reason to believe, or is in receipt of information regarding suspected violation of employment related law or employment service regulations".

PROCESSING APPARENT VIOLATIONS

• The employee will report the matter, in writing, to the center manager.

• The suspected violation documentation should consist of a memorandum describing the suspected violation.

• Employers who are contacted as a result of the reported apparent violations should not be given the name of the employee who reported the matter.

Processing Apparent Violations

Manager or designee responsibilities• Has the employer filed job order within the

past 12 months?• Does it involve ES regulations or

employment-related law(s)?

Contact employerAttempt to achieve informal resolution

within 5 working daysDocument

Processing Apparent Violations

• If resolved:– Maintain files for 2 years– Send a copy to Office of Compliance– Document apparent violations log

• If unresolved and involves employment related laws:– Send the violation to the appropriate

agency in writing

PUBLIC NOTICE PROMINENTLY DISPLAY POSTER

“IF YOU HAVE A COMPLAINT”

Where to Send SEND COMPLAINTS AND APPARENT VIOLATIONS TO:

Department of Economic Opportunity107 East Madison StreetTallahassee, FL 32399

Marisela Ruiz, Senior Monitor Advocate Marisela.Ruiz@deo.myflorida.com

INFORMATION• Revised W-P Complaint Resolution Manual-

coming soon• Form 8429http://www.floridajobs.org/PDG/MSFW/NFJP_OSCC_ComplaintRefRecord091707.pdf

Information for other referral agencies: www.myflorida.com