JOB SEEKER REGISTRATION • It is necessary to the extent possible, that all job seekers that are authorized to work in the United States be registered in the W-P reporting system. Job seekers may be registered upon contacting the labor exchange through the One-Stop delivery system or as required by State law or policy. However, job seekers receiving staff-assisted-services funded under the Wagner-Peyser Act must be registered in the Wagner-Peyser reporting system. Job seekers who use self-services or facilitated self-help services also may be registered, but this is not required.
REGISTRATION OF ALIENS • An alien must be legally authorized to work in the United States. • I R C A requires employers to verify all new hires (identity/ work authorization) • An employer listing a job with the One-Stop Center may request the center staff to verify employment eligibility • One-Stop Center should furnish the employer with a Certificate of Employment Eligibility – Form 516 INS.
SOCIAL SECURITY NUMBER • If the disclosure of SSN is not required to determine eligibility, failure to disclose this information is not grounds to deny service. Section 37.37 of 20 CFR • If a job seeker cannot provide or refuses to provide his/her social security number, a pseudo social security number may be constructed for the purpose of W-P registration. The interviewer should ensure that the pseudo social security number is not already in the W-P Reporting System prior to entering the registration.
SOCIAL SECURITY NUMBER • It is permissible to send social security numbers via email in the course of duty. However, when you transmit a message that contains a social security number or other confidential data, it is necessary to attach a notice at the bottom of the message as follows: This transmission contains confidential information and is protected by law. It is intended for use by the recipient and authorized users only. It is not for public dissemination.
JOB SEEKER SERVICES CONFIDENTIALITY • RECORDS • PAPER, COMPUTER, VERBAL CONVEYANCE • INFORMATION RECEIVED BY AWI • IDENTIFIABLE DATA • ELIMINATE SSN PRIOR TO DELIVERY • PROVIDE STATEMENT OF PURPOSE FOR COLLECTION • SUBPOENAS & PUBLIC RECORDS REQUESTS • REFER ALL NON WORKFORCE BOARD OR SERVICE PROVIDER RELATED TO OFFICE OF GENERAL COUNSEL • REFER ALL UC RELATED TO OFFICE OF GENERAL COUNSEL
RELEASE OF RECORDS HOW TO HANDLE: • Job seekers requests for the release of his or her One-Stop Center records • Third party requests for the release of records • Third party requests for job order information • Request from partners for the release of records
BACKGROUND CHECKS • One-Stop Center conducts only a preliminary review to determine if the participant has met minimal education, training and/or experience requirements. • It is the responsibility of the employer to conduct any background check, screening or criminal records check necessary prior to employment.
Illegal Questions • It is illegal to ask questions of a personal nature prior to employment. • Married or single, have children, smoker, etc.
Must be neat and clean, no beards, no long hair Must be dependable, reliable, punctual Must be 25 or older for insurance purposes Experienced repairman Heavy lifting involved Must be bilingual Good phone voice No criminal record Must have own car/tools Must pass drug test Must pass physical Non Smoker EEO GUIDELINESRestricts Language Like:
(b) It shall be an unlawful employment practice for an employer, labor organization, employment agency, or joint labor management committee controlling apprenticeship or other training or retraining, including on-the-job training programs, to print or publish or cause to be printed or published any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment agency, or relating to admission to, or employment in, any program established to provide apprenticeship or other training by such a joint labor management committee,indicating any preference, limitation, specification, or discrimination, based on race, color, religion, sex, or national origin, except that such a notice or advertisement may indicate a preference, limitation, specification, or discrimination based on religion, sex, or national origin when religion, sex, or national origin is a bona fide occupational qualification for employment. Title VII of the Civil Rights Act of 1964SEC. 2000e-3. [Section 704]
The Age Discrimination in Employment Act of 1967SEC. 623. [Section 4] • (e) It shall be unlawful for an employer, labor organization, or employment agency to print or publish, or cause to be printed or published, any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment agency, indicating any preference, limitation, specification, or discrimination, based on age.
Title 20-Employees BenefitsChapter V-Employment and Training Administration, Department of LaborPart 652-Establishment and Functioning of State Employment ServicesSubpart A-Employment Service OperationsSec. 652.8 Administrative provisions • (j) Nondiscrimination and Affirmative Action Requirements. States shall: • (1) Assure that no individual be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in the administration or in connection with any services or • activities authorized under the Act in violation of any applicable nondiscrimination law, including laws prohibiting discrimination on the basis of age, race, sex, color, religion, national origin, disability, political affiliation or belief. All complaints alleging discrimination shall be filed and processed according to the procedures in the applicable DOL nondiscrimination regulations. • (2) Assure that discriminatory job orders will not be accepted, except where the stated requirement is a bona fide occupational qualification (BFOQ). See, generally, 42 U.S.C. 2000(e)-2(e), 29 CFR parts 1604, 1606, 1625.
[TITLE 29—LABOR COMMISSIONPART 1625--AGE DISCRIMINATION IN EMPLOYMENT ACT-- Subpart A--Interpretations • Sec. 1625.4 Help wanted notices or advertisements. • (a) When help wanted notices or advertisements contain terms and phrases such as age 25 to 35, young, college student, recent college graduate, boy, girl, or others of a similar nature, such a term or phrase deters the employment of older persons and is a violation of the Act, unless one of the exceptions applies. Such phrases as age 40 to 50, age over 65, retired person, or supplement your pension discriminate against others within the protected group and, therefore, are prohibited unless one of the exceptions applies.
TITLE 29--LABOR COMMISSIONPART 1604--GUIDELINES ON DISCRIMINATION BECAUSE OF SEX-- • Sec. 1604.5 Job opportunities advertising. • It is a violation of title VII for a help-wanted advertisement to indicate a preference, limitation, specification, or discrimination based on sex unless sex is a bona fide occupational qualification for the particular job involved. The placement of an advertisement in columns classified by publishers on the basis of sex, such as columns headed ``Male'' or ``Female,'' will be considered an expression of a preference, limitation, specification, or discrimination based on sex.
Job Development (JD) • What is a JD • According to the Code of Federal Regulations at Title 20 Part 651.10, job development means the process of securing a job interview with a public or private employer for a specific job seeker for whom the One-Stop Center has no suitable opening on file. • Recording a JD
ENTERED EMPLOYMENT • Entered employment refers to those individuals who secure employment within 90 calendar days of receiving the last service listed below which is wholly or partially funded by the state employment service agency.
LABOR MARKET INFORMATION • Provision of Labor Market Information is defined as providing a job seeker or an employer with information pertaining to the socio-economic forces influencing the employment process in the local labor market area. • This includes information related to occupational staffing patterns, hiring patterns, working conditions and pay of firms or industries that will help the job seeker to plan and carry out a successful job search. For employers, it further include forces which affect labor demand-supply relationships such as population and growth characteristics, trends in industrial and occupational structure, technological developments, shifts in consumer demands, unionization, trade disputes, retirement practices, conditions of employment, training opportunities, job vacancies, and job search information. • Labor market information may be provided to employers and job seekers in person, by mail, telephone or by internet and may be provided as often as necessary. Unnecessary duplication of a specific LMI service should be avoided.
LMI DOCUMENTATION • Documentation of LMI service provided by One-Stop Staff should be recorded in the OSMIS “comments” section at the time of service entry. It is not necessary to document the OSMIS notes screen. No documentation is required if a generic packet of information is provided to a job seeker or employer (One service per year per region). For all other LMI services provided, documentation should include the influencing force of the employment process, I.E. “Provided information on hiring or staffing patterns”, or “provided trade dispute information”.
JOB SEEKER SERVICES • Assessment Interview • Assigned Case Manager • Local Office Contact • Counseling * • Testing • Job Fair • Job Finding Club • Job Search Plan • Job Search Workshop
JOB SEEKER SERVICES • Employability Development Plan • Order Search with Local Office Contact • Order Search with no LO Contact • Orientation • Labor Market Information* • Placement Services • Resume Preparation Assistance • Vocational Guidance
JOB SEEKER SERVICES • Tax Credit • Federal Bonding Program Assistance • Referred to Training • Enrolled in Training • Completed Training* • Supportive Service
WAGNER-PEYSER http://www.floridajobs.org POLICY – GUIDANCE REPORTS TRAINING PRESENTATIONS