WAGNER-PEYSER SERVICES - Department of Economic Opportunity

Report
Wagner-Peyser Act
OVERVIEW
The United States Department of Labor, Employment
and Training Administration (ETA) established equity
and minimum service level standards for Migrant and
Seasonal Farmworkers, which must be met by states.
OBJECTIVES
 MSFW Defined
 Background
 Equity and Service Standards
 Significant Centers and Outreach Duties
 Agricultural Job Orders
MSFW - DEFINITION

SEASONAL FARM WORKER
Worked at least 25 days (or parts of days) performing farmwork during the
last 12 months AND earned at least one half of total income performing
farmwork AND was not employed in farmwork by the same employer all
year.

MIGRANT FARMWORKER
A seasonal farmworker AND has to travel to do farmwork AND is unable to
return to permanent residence within the same day.

MIGRANT FOOD PROCESSING WORKER
Worked 25 days (part of days) doing food processing during the last year
AND earned at least one half the total earned income from food processing
AND has to travel to do food processing and cannot return to permanent
residence within the same day.
BACKGROUND
 20 CFR 652.207 – Labor exchange services must be
available to all employers and job seekers, including
unemployment insurance (UI) claimants, veterans,
migrant and seasonal farmworkers and individuals with
disabilities.
 1972 – Lawsuit filed by NAACP against Department of
Labor alleging discriminatory actions, including
inequitable treatment and services to MSFWs in state
employment offices (NAACP v. Brennan).
BACKGROUND
 1974 – United States District Court Judge Charles R.
Richey issued Consent Order requiring the
Department of Labor to undertake specified actions on
providing farm workers all employment services on a
non-discriminating basis (NAACP v. Brennan).
 Rules and regulations were established providing
criteria for equity of services (20 CFR Parts 651,653
and 658).
BACKGROUND
 One criteria established full-time Migrant and Seasonal
Farmworker staff in One-Stop Centers that served a
large number of MSFWs.
 The outreach services network is further supported by
the State Monitor Advocate.
EQUITY MEASURES
 Referred to Jobs
 Received Staff Assisted Services
 Referred to Supportive Services
 Career Guidance
 Job Development Contacts
MINIMUM SERVICE LEVELS
 Placed in a Job
 Placed at 50 Cents Above Minimum Wage
 Placed in Long-Term Non-Agricultural Jobs
OTHER REQUIRED SERVICES
 All farmworkers must be provided with a 511N, which
explains employment services that are available
 English
 Spanish
 Creole
 Upon registration, MSFWs must be coded as such with
a definition selected to justify the coding
 Agricultural job orders have specific requirements
OUTREACH WORKERS
 One-Stop Centers where 10% or more of the job
seeker population are MSFWs must have a MSFW
Outreach Worker.
 Florida is one of the top five significant MSFW states
and therefore requires full-time, year round MSFW
Outreach Workers.
 Currently, there are nine significant One-
Stop Centers – Quincy, Plant City, Winter Haven,
Bradenton, Sebring, Port Saint Lucie, Belle Glade,
Homestead, and Immokalee.
OUTREACH WORKERS
 Prefer MSFW background, bilingual, and/or from a
minority group most representative of the majority
MSFW population in area
 Shall spend majority of time in field
 Significant One-Stop Centers must develop an annual
outreach plan
 During off-season, outreach workers may perform
other Wagner-Peyser activities
OUTREACH WORKER ACTIVITIES
The Outreach Worker shall explain:
• Services available from the One-Stop Center
• Types of specific employment opportunities currently
available
• Information on the Complaint System
• Information on other organizations serving MSFWs
• Basic summary of farmworkers’ rights with respect to
conditions of employment
LOG OF DAILY ACTIVITIES
 http://www.floridajobs.org/pdg/msfw/Log.rtf
 Form should be completed on each outreach contact made
 Copy must be maintained for five years after date of
completion
 Completed reports are submitted to the Monitor Advocate
by the fifth working day following the report month
 One-Stop Center Managers must review logs
 Completion instructions are at:
http://www.floridajobs.org/pdg/msfw/log%20instructions.rtf
MSFW REPORT
 Every significant One-Stop Center must complete the
Migrant Seasonal Farmworker Reports on a monthly
basis:
 DEO-1659
 DEO-1301
 Completed reports should be submitted to the Monitor
Advocate by the fifth working day following the report
month
MSFW REGISTRATION
 Ensure that all MSFWs receive a 511N
 Explain the benefits of a full registration
 Ensure correct MSFW category is selected in EFM
in the “Farm Work Information” section on the
General Information Screen
 Full registration required unless refusal by MSFW
MSFW REGISTRATION
 20 CFR 653.103(d) requires specific data for MSFW
work history
 Describe the work performed, training, and
educational background on “Background” section
 Include a statement of MSFW’s desired employment
and necessary training
 Additional O*NET Codes are to be assigned, where
appropriate based on the MSFW’s work history,
training, and KSAs
MSFW DESK AID
 http://www.floridajobs.org/PDG/MSFW/MSFWDesk
Aid.pdf
 Each One-Stop Center associate who processes
applications for agricultural workers should maintain a
copy of this desk aid
AGRICULTURAL JOB ORDERS
Job orders with NAICS farmwork industries that
include subsection 111-Crop Production, 112-Animal
Production, and 115-Support Activities for Agriculture
and Forestry must contain the following criteria:
1. Specific days and hours to be worked must be included.
Phrases such as “TBA” are not acceptable.
Example: M-S 6:30 AM - 4:00 PM – Days and hours
to be worked depend on crop and weather conditions.
AGRICULTURAL JOB ORDERS
2. The job summary should contain all pertinent data,
what the worker does, how does he/she perform the
work, why does he/she do it, and what degree of skill is
involved?
Example: “Pick oranges by hand, use up to 24 foot
ladder with 1¾ bushel pick sack, will dump into large
bins.”
AGRICULTURAL JOB ORDERS
3. If the worker is to be paid by piece rate, the job
summary should include:
A. The amount to be paid;
B. The unit of measurement;
C. A brief, concise description of the size or capacity
of the measurement; and
D. A statement as to whether or not the agricultural
employer is covered by the Fair Labor Standards
Act (FLSA) or employer guarantees minimum
wage.
Example: $0.90 per 13/5 bushel, employer covered by
FLSA.
AGRICULTURAL JOB ORDERS
4.
If the employer is a farm labor contractor (FLC) or farm
labor contractor employee (FLCE), the job order must
include the federal and state registration number.
5.
The statement “Refer within commuting distance only”
is required if the order is not to be placed in the
clearance system.
6.
If the work site is different from the employer address,
both addresses are needed.
AGRICULTURAL JOB ORDERS
7.
Use job titles that match the O*NET Codes if possible.
8.
If 4-150 days of duration are indicated, a specific
estimated number of days or months must be shown.
Example: February-June depending on weather, crop,
etc.
AGRICULTURAL JOB ORDERS
9.
A wage rate must be specific; “depending on experience
(DOE)” is not acceptable. Employers covered by FLSA
must adhere to minimum wage laws.
http://www.floridajobs.org/docs/workforceprofessionals/msfw_procedures_final_guidance.pdf
CONTACT INFORMATION
Marisela Ruiz
Senior Monitor Advocate
Department of Economic Opportunity
107 East Madison Street
Tallahassee, FL 32399
(850) 921-3207
[email protected]

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