1. Field Visits versus Field Checks Field Visits versus Field Checks December 9 th, 2011 December 9 th, 2011 2:00 - 3:00 P.M. ET

2. 2 Field Visits versus Field Checks Welcome to Workforce 3 One!

3. 3 Field Visits versus Field Checks Submitting Questions: Open Chat Drop-Down Menu  To submit a question, type the question in the text field and press your Enter/Return key. ‒ Please enter the name to whom the question is directed.  To send questions only to the presenters, select Presenters from the drop-down menu before pressing your Enter/Return key.  Change Text Size and Chat Color… Text Field

4. 4 Field Visits versus Field Checks Practice In the Chat Room, please type the name of your organization, your location, and how many people are attending with you today.

5. 5 Field Visits versus Field Checks Screen Sharing

6. 6 Field Visits versus Field Checks Access to Webinar Resources WEBINAR RESOURCES: Recordings and transcripts are available within 2 business days after the event.

7. 7 Field Visits versus Field Checks Featured Speakers Presenters  Juan M. Regalado, National Monitor Advocate Department of Labor Employment and Training Administration Moderator  Ted Roberts, Assistant National Monitor Advocate Department of Labor Employment and Training Administration

8. 8 Field Visits versus Field Checks Polling Question Length of experience conducting field checks and/ or field visits?  None  One to five years  Five to ten years  Ten to twenty years  20 to 30 years  An eternity

9. 9 Field Visits versus Field Checks  Field visits  Field checks  Enforcement agencies  Violations Field Visits versus Field Checks Agenda/Objectives

10. 10 Field Visits versus Field Checks Background  E-cfr E-cfr Code of Federal Regulations

11. 11 Field Visits versus Field Checks Field VisitsField Checks  As part of the employer assurances when placing a job order  Outreach staff afforded reasonable access  Outreach workers talk with farm workers and employers  Verify compliance with the terms and conditions of employment  Random, unannounced  Where workers have been placed on Clearance job orders  To determine if terms and conditions have been met  May be coordinated with Wage and Hour

12. 12 Field Visits versus Field Checks Side by side Field VisitsField Checks  As part of the employer assurances when placing a job order  Outreach staff afforded reasonable access  Outreach workers talk with farm workers and employers  Verify compliance with the terms and conditions of employment  Random, unannounced  Where workers have been placed on Clearance job orders  To determine if terms and conditions have been met  May be coordinated with Wage and Hour

13. 13 Field Visits versus Field Checks Interstate Clearance System  State Workforce Agencies shall review all interstate clearance job orders prior to approval for transmission for compliance with 20 CFR 653.500

14. 14 Field Visits versus Field Checks Job Order  The document containing the material terms and conditions of employment that is posted by the SWA on its inter- and intra-state job clearance systems based on the employer's Form ETA–790, as submitted to the SWA.

15. 15 Field Visits versus Field Checks Employer Assurances All job orders shall include:  An employer’s signed verification that all information appearing on the job order has been examined and is accurate thus committing to all of the terms and conditions in the Order.  The employer also assures that outreach workers shall have reasonable access to the workers in the conduct of outreach activities pursuant to 20 CFR 653.107.

16. 16 Field Visits versus Field Checks Field Visits  The employer must assure that the SWA staff, including outreach staff, will be afforded reasonable access to the employer’s premises to:  Talk with the farm workers and the employer.  Verify compliance with the terms and conditions of employment specified in the Clearance Order.

17. 17 Field Visits versus Field Checks Field Visits  Records shall be kept of each such visit.  As part of outreach activities.  The Outreach Workers locate and contact Migrant Seasonal Farm Workers (MSFWs) who are not being reached by the normal intake activities of the local Workforce Center. The purpose of the Outreach Program is to enhance the employability of MSFWs and provide supportive services. 20 653.107 Outreach 20 653.107 Outreach

18. 18 Field Visits versus Field Checks Field VisitsField Checks  As part of the employer assurances when placing a job order  Outreach staff afforded reasonable access  Outreach workers talk with farm workers and employers  Verify compliance with the terms and conditions of employment  Random, unannounced  Where workers have been placed on Clearance job orders  To determine if terms and conditions have been met  May be coordinated with Wage and Hour Side by side

19. 19 Field Visits versus Field Checks Field Checks State and federal offices shall:  Conduct documented random field checks consistent with legal authority, to determine whether wages, hours, and working and housing conditions are as specified in job orders and that actual conditions and terms of employment do not violate state and federal law.

20. 20 Field Visits versus Field Checks Field Checks SWA Responsibilities:  The SWA must conduct random and unannounced field checks of agricultural worksites where workers have been placed on Clearance Orders.  The SWA conducts worksite visits and interviews workers and employers to determine and document that the terms and conditions of employment are met.  Informal resolutions on observed violations must be made by the SWA within five working days. If the violations remain unresolved, discontinuation of services procedures should be initiated pursuant to the regulations at 20 CFR 658.502.

21. 21 Field Visits versus Field Checks Field Checks  During the course of random field checks, SWA staff will ascertain that housing continues to meet standards.  Field checks shall include visit(s) to the worksite at a time when workers are there

22. 22 Field Visits versus Field ChecksDocumentation  Determine and document whether wages, hours, working and housing conditions are as specified in job orders  Keep records of all field checks.  Provide to State Monitor Advocate

23. 23 Field Visits versus Field Checks PY 2010 Field checks Number of orders on which field checks were conducted 2,027 Number of orders on which violations were found 41 Corrected through informal resolution24 Referred to enforcement agency17

24. 24 Field Visits versus Field Checks Compliance level 25% PY 2010 Total Field Checks Total Agricultural job orders received Compliance levelGoalActual 11,6000.2529002,027

25. 25 Field Visits versus Field ChecksTools  Check list of job order terms and conditions of employment  Housing check list  Outreach log  Cell phone  Copy of assurances signed by employer

26. 26 Field Visits versus Field Checks Linkages with other Enforcement Agencies 20 CFR 653.503 Field checks (b) Remember:  Formal or informal arrangements with appropriate State and Federal enforcement agencies are made to coordinate compliance reviews in agricultural worksites and report employment-related violations.  The SWA focuses particularly on field checks in areas not addressed by enforcement agencies.

27. 27 Field Visits versus Field Checks Check lists Outreach workers/SMAs shall determine and document whether wages, hours, working and housing conditions are as specified in job orders.

28. 28 Field Visits versus Field ChecksSummary Field VisitsField Checks  As part of the employer assurances when placing a job order  Outreach staff afforded reasonable access  Outreach workers talk with farm workers and employers  Verify compliance with the terms and conditions of employment  Random, unannounced  Where workers have been placed on Clearance job orders  To determine if terms and conditions have been met  May be coordinated with Wage and Hour

29. 29 Field Visits versus Field Checks Please enter your questions into the Chat Room! Question and Answer Period

30. 30 Field Visits versus Field ChecksResources  http://www.doleta.gov/programs/msfw.cfm http://www.doleta.gov/programs/msfw.cfm  http://www.foreignlaborcert.doleta.gov/ http://www.foreignlaborcert.doleta.gov/  http://www.doleta.gov/programs/pdf/Revised_ETA_Form_790.pdf http://www.doleta.gov/programs/pdf/Revised_ETA_Form_790.pdf  http://www.dol.gov/whd/ http://www.dol.gov/whd/  Job Registry Job Registry  (Webinar Recording) Job Service Complaint System: https://www.workforce3one.org/view/5000917349406002907/info https://www.workforce3one.org/view/5000917349406002907/info  (Recording) Job Service Complaint System – Resolving Complaints: https://www.workforce3one.org/view/5001102841163069486/info https://www.workforce3one.org/view/5001102841163069486/info

31. 31 Field Visits versus Field Checks Share Your Ideas with Your Peers! Share your demand-driven strategic plans, models, innovations, resources, and ideas! You have the option to submit content for review by uploading the resource or providing a link to the resource.

32. 32 Field Visits versus Field Checks Access to Webinar Resources WEBINAR RESOURCES: Recordings and transcripts are available within 2 business days after the event.

33. 33 Field Visits versus Field Checks Stay Informed, Get Connected!

34. 34 Field Visits versus Field Checks www.workforce3one.org For more information about the Workforce Investment System:  Visit www.careeronestop.orgwww.careeronestop.org  Call 1-877-US2-JOBS