Presentation on theme: "MIGRANT SEASONAL FARMWORKER (MSFW) SERVICES"— Presentation transcript:
1MIGRANT SEASONAL FARMWORKER (MSFW) SERVICES An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TDD equipment via the Florida Relay Service at 711.
2PurposeTo provide guidance and clarification in the proper procedures relating to the provision of MSFW registration and agriculture employer services in the W-P reporting system.
3BACKGROUND20 CFR – 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.1973 – United States District Court Judge Charles R. Richey rendered judgment
4BACKGROUND1974-Consent Order requiring the Department of Labor to undertake specified actions on providing farm workers all employment services on a non-discriminating basis.Rules and regulations were established providing criteria for equity of services.
5BACKGROUNDOne of the criteria was to establish full-time Migrant and Seasonal Farmworker staff in those One-Stop Centers where a large number of MSFWs were known to be.In 1998, the Workforce Investment Act was passed and parts 668 and 669 contain requirements for the Farmworker Program.
6MSFW - Definition SEASONAL FARM WORKER MIGRANT FARMWORKER 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 yearMIGRANT FARMWORKERA seasonal farmworker AND has to travel to do farmwork AND is unable to return to permanent residence within the same dayMIGRANT FOOD PROCESSING WORKERWorked 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.
7EQUITY MEASURES Referred to Jobs Provided Some Services Referred to Supportive ServicesWorkers CounseledProvided Job Development
8Minimum Service Levels MSFWs are placed at 50 cents above minimum wage in Non-Ag Jobs Over 150 DaysAll farmworkers must be provided with a 511NUpon registration, MSFWs must be coded as such and a definition selected to justify the codingAg job orders have specific requirements
9OUTREACH WORKERSOne-Stop Centers with a population of 10% or more job seekers who are MSFWs must have a MSFW Outreach Worker.Currently there are nine significant One- Stop Centers – Apollo Beach, Belle Glade, Ft. Pierce, Homestead, Immokalee, Bradenton, Wauchula, Winter Haven, and Quincy
10OUTREACH WORKERPrefer MSFW background, bilingual, or from a minority group most representative of the majority MSFW population in area.During off-season, outreach workers may perform other Wagner-Peyser activities.Significant One-Stop Centers must develop an annual outreach plan.
11OUTREACH WORKER ACTIVITIES The Outreach Worker shall explain:Services available from the One-Stop CenterTypes of specific employment opportunities currently availableInformation on the Complaint SystemInformation on other organizations serving MSFWsBasic summary of farmworker’s rights with respect to conditions of employment
12LOG OF DAILY ACTIVITIES Form should be completed on each outreach contact madeCopy must be maintained for two years after date of completionCompleted reports are submitted to Monitor Advocate by fifth working day following the report monthOne-Stop Center Managers must review logs to ensure proper completion and provision of servicesCompletion instructions are at
13MSFW REPORT http://www.floridajobs.org/pdg/MSFW/1659MSFWform.rtf Every One-Stop Center, even those that are not significant offices, must complete the Migrant Seasonal Farmworker Report 1659 on a monthly basisCompleted reports should be submitted by the fifth working day following the report month to the Monitor Advocate
14MSFW REGISTRATION http://awiprod. state. fl. us/TRNG/Osmis/WelcomePage Explain the benefits of a full registrationInclude applicable information in the MSFW sectionEnsure that all MSFWs receive a 511NDocument “B” Screen (MSFW Information Screen) as appropriate (ODDS AG for crop codes)Document “H” Screen (Service Screen) as appropriate
15MSFW REGISTRATION20 CFR (d) requires data for MSFW work history to be comprehensive and specificDescribe the work performed, training, and educational backgroundInclude a statement if any desired employment and necessary trainingAdditional O*NET Codes are to be assigned, where appropriate based on the MSFW’S work history, training, and KSAs.
16MSFW Desk Aid http://www.floridajobs.org/pdg/MSFW/MSFWDeskAid.rtf Each One-Stop Center associate who processes applications for Ag workers is to maintain a copy of this desk aid.
17AGRICULTURAL JOB ORDERS Job orders with NAICS farmwork industries that includes subsection 111-Crop Production, 112-Animal Production, and 115-Support Activities for Agriculture and Forestry must contain the following criteria:Specific days and hours to be worked must be included in the job summary. Phrases such as “TBA” are not acceptable.M-S 6:30 AM – 4 PM – Days and hours to be worked depend on crop and weather conditions.The job summary should contain all pertinent data, what the worker does, how does he/she perform the work, why, what degree if skill is involved?
18AGRICULTURAL JOB ORDERS Example: “Pick oranges by hand, use up to 24 foot ladder with 1 ¾ bushel pick sack, will dump into large bins.”If the worker is to be paid by piece rate, the job summary should include:The amount to be paid;The unit of measurement;A brief, concise description of the size or capacity of the measurement; andA statement as to whether or not the ag employer is covered by the Fair Labor Standards Act (FLSA )or employer guarantees minimum wage,Example: $0.55 per 1 3/5 bushel, employer covered by FLSA.
19AGRICULTURAL JOB ORDERS If the employer is a crewleader, the job order must include the federal and/or state registration number.The statement “Refer within commuting distance only” is required if the order is not to be placed in the clearance system.If the work site is different from the employer address, both addresses are needed. Precise location and directions to the job site are imperative.
20AGRICULTURAL JOB ORDERS Use job titles that match the O*NET Codes if possible, otherwise use the job title the employer provides.If days of duration are indicated, a specific estimated number of days or months must be shown.Example: February-June depending on weather, crop, etc.
21AGRICULTURAL JOB ORDERS A wage rate must be specific on job orders. The note “depending on experience (DOE)” is not acceptable. Employers covered by FLSA must adhere to minimum wage laws.
22COMPLAINT SYSTEM http://www.floridajobs.org/Manuals/default.htm POLICYRegulations found at 20CFR and provide the guidelines for each One-Stop Center to establish and maintain a One-Stop Center Complaint System that will receive and process complaints filed through their offices.Regulations found at 20 CFR provide the guidelines for the processing of apparent violations by state agency/One-Stop Center employees. Employees who observe, have reason to believe or are in receipt of information regarding a suspected violation of employment related laws, except as provided at Section or of this chapter (complaints), shall document the suspected violation and refer this information to management.
23COMPLAINT - 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"EVEN THOUGH ALL STAFF ARE TO BE FAMILIAR WITH THE COMPLAINT SYSTEM, EACH CENTER SHOULD HAVE A COMPLAINT REPRESENTATIVE.
24TYPES OF COMPLAINTS One-Stop Center related Non One-Stop Center relatedDiscrimination and Equal Opportunity ComplaintsNot related to the complaint system.The first thing you must do is decide whether the complaint is related or not
25ONE-STOP CENTER RELATED An alleged violation occurring within the last 12 monthsANDIt involves a violation of the terms and conditions of a job order by an employerIt involves a violation of One-Stop regulation by One-Stop through action or omission****It involves a violation of employment related laws by an employer****One-Stop referred complainant to the employer and the complaint is about the specific job to which the jobseeker was referred****.
26ONE-STOP CENTER RELATED Alleged Discrimination by an employerInvolves employer/state agency in another stateInvolves more than one office statewide, or another One-Stop OfficeViolation of a One-Stop RegulationViolation of an employment related lawViolation of the terms and conditions of a job orderAn alleged violation occurring within the last 12 months.It involves a violation of One-Stop Center regulations by the One-Stop Center through action or omission.It involves a violation of the terms and conditions of a job order by an employerThe One-Stop Center referred complainant to the employer andThe complaint is about the specific job to which the complainant was referred
27Discrimination and Equal Opportunity Complaints Section 188 of WIA prohibits discrimination on the grounds of race, color, religion, sex, national origin, age, disability, political affiliation or belief, and for beneficiaries only, citizenship or participation in a WIA Title I- financially assisted program or activity.Any discriminatory complaints regarding a WIA Title-I financially assisted program should be filed within 180 days of the alleged violation with either the AWI Equal Opportunity Officer in Tallahassee or with the Director, USDOL Civil Rights Center in Washington, D.C. For more information on the filing and processing of discrimination complaints, refer to 29 CFR Part 37 and the “Equal Opportunity is the Law” notice posted in each One-Stop Career Center.
28Non One-Stop Center Related MUST MEET DEFINITION OF A COMPLAINTComplaint involves a MSFW and involves a violation of a law enforced by the Employment Standards Administration (ESA) or the Occupational Safety and Health Administration (OSHA)All other non One-Stop Center related complaints"A complaint shall mean 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“HAZARDOUS CHEMICALSOther job related complaints that are not related to us – Other than ESA and OSHA but not employees, WIA, UC, etc.RELATED COMPLAINTSAlleged Discrimination by an employerSex vs Color of hairInvolves employer/state agency in another stateInvolves more than one office statewide, or another One-Stop OfficeViolation of a One-Stop RegulationRefused to refer a qualified person to a jobViolation of an employment related lawViolation of the terms and conditions of a job orderPaid $6.50 instead of $8.00NON RELATED COMPLAINTSEVEN THOUGH IT IS NON RELATED, YOU STILL HAVE TO COMPLETE THE COMPLAINT FORM FOR MSFWsALL OTHER NON RELATED COMPLAINTSDO NOT COMPLETE THE COMPLAINT FORM……JUST LOG IT.
29NOT APPLICABLE TO WP COMPLAINT SYSTEM UI, WIA, Welfare TransitionFederal Contractor job listingComplaints from One-Stop staffHandle these complaints according to their respective complaint regulations.
30APPARENT VIOLATIONAn 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 JS regulations".
31LOG OF APPARENT VIOLATIONS All One-Stop Center staff should be trained and prepared to address complaints.Any associate who observes, has reason to believe, or is in receipt of information regarding a suspected violation of employment-related laws or regulations is required to document and refer the information to the Manager.
32LOG OF APPARENT VIOLATIONS The manager is required to determine if the One-Stop has received a job order from the employer in the last 12 months.If no job order has been received, the manager is required to refer the apparent violation in writing to the proper enforcement agency.If a job order was received, the manager should attempt to assist the employer in achieving compliance with the law within 5 days or refer to the proper enforcement agency following the 5 day period.If informal resolution cannot be achieved, procedures for discontinuation of services must be initiated.
33PROCESSING COMPLAINTS AND VIOLATIONS DocumentationRecord Maintenance and RetentionReportsNotificationsContact employer and try to resolveRetention 2 yearsReport to Senior Monitor Advocate