1. WAGNER-PEYSER COMPLAINT RESOLUTION SYSTEM FLORIDA WORKFORCE DEVELOPMENT SYSTEM

2. 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

3. 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.

4. 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"

5. 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.

6. Wagner-Peyser Related If the complaint involves 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

7. Wagner-Peyser Related Complaints 1.Alleged Discrimination by employer I.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 employer Not 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.

8. 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

9. 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.

10. One-Stop Center Related COMPLAINTS HANDLING COMPLAINTS (WHAT TO DO) WP REL 1 WP REL 2 WP REL 3 WP REL 4 WP REL 5 WP REL 6 NON WP RELATED COMPLAINT WHAT TO DO XXXXXXX MSFW COMPLETE FORM ETA 8429 COMPLAINT/REFERRAL FORM XXXXXXXLOG THE COMPLAINT XXXXXXXOFFER APPROPRIATE ONE-STOP SERVICES XXXXXXXGIVE COMPLAINANT A COPY OF COMPLAINT FORM XXXREFER TO APPROPRIATE ENFORCEMENT AGENCY (SEE INSTRUCTIONS) XXINVESTIGATE COMPLAINT-ATTEMPT RESOLUTION (TIME LIMITS APPLY-SEE INSTRUCTIONS) IF MSFW IF MSFW COPY FILE TO STATE AWI OFFICE, IG'S OFFICE & COPY COVER MEMO TO COMPLAINTANT NON MSFW NON MSFW COPY FILE TO STATE OFFICE - COPY COVER MEMO TO COMPLAINTANT XAGAINST ANOTHER ONE STOP? TAKE COMPLAINT. SEND IT TO OFFICE COMPLAINT IS AGAINST XAGAINST 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 XX MSFW SEND LETTER TO REFERRAL AGENCY AND COPY COMPLAINTANT XXXXADDITIONAL WRITTEN/TELEPHONE FOLLOW UP NECESSARY UNTIL RESOLUTION (SEE INSTRUCTIONS)

11. 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.

12. 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.

13. 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 Dollar 3456 02/05

14. THE FILE SYSTEM Include 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

15. The File System Assign file number to include the quarter complaint was filed and the consecutive number beginning on July 1. July – September (1 st Quarter) 1/001, 1/002, 1/003, 1/004 October – December (2 nd Quarter) 2/005, 2/006, 2/007 January – March (3 rd Quarter) 3/008, 3/009, 3/010, 3/011 April – June (4 th Quarter) 4/012,4/013, 4/014, 4/015, 4/016 3/008 ------

16. 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 1

17. 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…”)

18. 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.

19. 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

20. 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 review OR The enforcement agency makes a final determination on a referred complaint

21. 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".

22. 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.

23. 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 employer Attempt to achieve informal resolution within 5 working days Document

24. 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

25. PUBLIC NOTICE PROMINENTLY DISPLAY POSTER “IF YOU HAVE A COMPLAINT”

26. Where to Send SEND COMPLAINTS AND APPARENT VIOLATIONS TO: Department of Economic Opportunity 107 East Madison Street Tallahassee, FL 32399 Marisela Ruiz, Senior Monitor Advocate Marisela.Ruiz@deo.myflorida.com

27. INFORMATION Revised W-P Complaint Resolution Manual- coming soon Form 8429 http://www.floridajobs.org/PDG/MSFW/NFJP_ OSCC_ComplaintRefRecord091707.pdf Information for other referral agencies: www.myflorida.com