Services to Migrant and Seasonal Farm Workers

Services to Migrant & Seasonal Farmworkers * Judge Richey Court Order and * U.S. Department of Labor Federal Regulations

Judge Richey Court Order * Requires USDOL to take all necessary & appropriate actions to ensure delivery of all DOL manpower services … to migrant & seasonal farmworkers on a non-discriminatory basis. * Established Federal regulations governing Wagner- Peyser Employment Service (20 CFR 653) & USDOL/ETA (20 CFR 658). * Established the federal/state Monitor Advocate system to oversee compliance by the ETA & Employment Service.

WIA Impact Questions were raised regarding MSFW Services & Monitor Advocates: Did implementation of the WIA 167 National Farmworker Jobs Program (NFJP) mean the end the Monitor Advocate System and the regulations at 20 CFR 653? [Federal Register, August 11, 2000,] [Preamble to Workforce Investment Act Final Rules]

Answer: NO * The NFJP supplements, but does not substitute for WIA & Wagner-Peyser services to farm work or agriculture job seekers. * The Employment Service & WIA responsibilities to farm workers are separate and distinct from the NFJP. * Judge Richey's decision requires the entire workforce development system to serve farm workers equitably. This requirement has not changed under WIA.

MSFW Services Review Underway Identify and develop better ways to serve MSFWs in today’s Workforce Development System. Increase the number of MSFWs that participate in the Workforce Development System. Increase the number of agricultural employers utilizing Workforce Development System’s labor exchange services. Assist MSFW transition from seasonal to permanent or self-sufficient employment. Enhance collaboration between other Federal entities, stakeholders and organizations that serve MSFWs. DOL expects the review process to take six months and implementing suggested changes may take up to 2-years.

MSFW DATA REPORTING * Data for MSFWs Services are currently reported on the ETA 5148. (See CFR 20 653.109.) * Significant MSFW data comes from the current 9002 data collection system. * The REVISED 9002 captures some but not all of the significant MSFW data to complete the 5148 report. (See Equity Indicators slides) * States are still required to CAPTURE MSFW DATA to complete the ETA 5148 until MSFW services review provides new instructions.

Impact on State Data Systems These LX and VETS performance measures are not intended or designed to be day-to-day program or operations management tools. Additional state measures may still be needed to manage the labor exchange services in the overall One-stop system. State data collection applications and operating systems may not have to be changed. To front line staff the changes may be transparent. As in the WIA title I performance system, the workgroup determined that these measures were not intended to be useful to the states for operational management. States may wish to establish additional measures related to program operations that will provide information for continuous improvement activities.

Equity Indicators 1 Old Referred to a Job/Employment The act of bringing to the attention of an employer an applicant or group of applicants who are available for a job, and the record of such a referral. New Referred to Employment Count of registered job seekers who were referred to employment. A referral to employment is the act of bringing to the attention of an employer an applicant or group of registered job seekers who are available for a job and the record of such a referral.

Equity Indicators 2 Old Provided with Some Services All applicants that have received some reportable service during the current year. Services include: (a) through (m). Application taking and/or registration are not included as reportable services in this item. New Received Staff Assisted Services Registered job seeker who received staff-assisted services during the current registration year. Staff-assisted services include: (a) through (j), or (k) any other service requiring significant expenditure of staff time. Application taking/registration and the use of self-service or facilitated self-help services are not included as staff-assisted services.

Equity Indicators 3 Old Referred to Supportive Services Individuals referred to services designed to assist an individual to achieve physical, mental, social or economic well being and reduce or eliminate barriers to employment. These include health & medical services, child care, emergency financial services, relocation assistance, residential support, nutritional and legal services. New Referred to Support Services Registered job seeker referred to services designed to assist individual to achieve physical, mental, social or economic well being and reduce or eliminate barriers to employment. These include health and medical services, child care, emergency financial services, relocation assistance, residential support, nutritional and legal services.

Equity Indicators 4 Old Counseled New Career Guidance Applicants who receive ongoing or one-time assistance from a qualified counselor or counselor trainee to aid them in gaining a better understanding of themselves so that they can more realistically choose or change an occupation, or make a suitable job adjustment. Counseling can be provided directly to an individual or through group counseling services and may result in a written employability plan. New Career Guidance Count of registered job seekers who received services which include the provision of information, materials, suggestions, or advice which are intended to assist the applicant in making occupation or career decisions.

Equity Indicators 5 Old Job Development Contacts In “Received Some Reportable Service” - an applicant who has received some reportable service during the current program year. Including: (j) job development contacts. New Received Staff Assisted Service Registered job seeker who has received staff-assisted services during the current registration year. Staff-assisted services include: (h) job development contacts.

Minimum Service Level Indicators Placed in a job Placed $.50 above minimum wage Placed in Long-Term Non-Ag Jobs None are included on proposed 9002 Work will continue to identify & develop alternative methods to improve services & data to assist MSFWs to transition to Self-Sufficient Employment.

MSFW Reporting Issues  California, Rhode Island, & Washington are the only States that require UI coverage of all agricultural employee wages.  Most other States cover only the minimum required (Federal exemption from UI coverage): “10 employees in 20 weeks or $20,000 in a Calendar Quarter (CQ) unless otherwise specified”

MSFW Reporting Issues Work in employment that is not covered by state UI tax and benefit programs will be more difficult to verify than the UI Wage File cross matching now required under WIA and Wagner Peyser. This is no more difficult then it is today. Some individuals may incorrectly view this a disincentive for serving MSFW and agricultural workers.

New Reporting Opportunities ES Performance Measures Use of Wage File cross matching will make it easier to verify the movement of MSFWs to: more permanent employment, employment covered by state UI benefits, employment opportunities that offer longer term or more consistent employment, and agricultural and non-ag employment with wages and benefits that contribute to self sufficiency This is consistent with the Judge Richey goals

OPPORTUNITY To track and document MSFWs entry to employment in non-covered employment, in the near term States will need to:  Maintain the current MSFW reporting and employment verification mechanisms and systems,  develop additional alternative methods to verify employment, and  devise supplemental reporting standards. Our expectation is that a more accurate and complete picture of the success of MSFWs employment initiatives will result from the new Performance Measures and Reporting Requirements.