MIGRANT AND SEASONAL FARMWORKER (MSFW) SERVICES

1. MIGRANT AND SEASONAL FARMWORKER (MSFW) SERVICES Wagner-Peyser Act

2. OVERVIEW The United States Department of Labor, Employment and Training Administration (ETA) established equity and minimum service level standards for Migrant and Seasonal Farmworkers, which must be met by states.

3. OBJECTIVES • MSFW Defined • Background • Equity and Service Standards • Significant Centers and Outreach Duties • Agricultural Job Orders

4. MSFW - DEFINITION • SEASONAL FARM WORKER 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 year. • MIGRANT FARMWORKER A seasonal farmworker AND has to travel to do farmwork AND is unable to return to permanent residence within the same day. • MIGRANT FOOD PROCESSING WORKER Worked 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.

5. BACKGROUND • 20 CFR 652.207 – 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. • 1972 – Lawsuit filed by NAACP against Department of Labor alleging discriminatory actions, including inequitable treatment and services to MSFWs in state employment offices (NAACP v. Brennan).

6. BACKGROUND • 1974 – United States District Court Judge Charles R. Richey issued Consent Order requiring the Department of Labor to undertake specified actions on providing farm workers all employment services on a non-discriminating basis (NAACP v. Brennan). • Rules and regulations were established providing criteria for equity of services (20 CFR Parts 651,653 and 658).

7. BACKGROUND • One criteria established full-time Migrant and Seasonal Farmworker staff in One-Stop Centers that served a large number of MSFWs. • The outreach services network is further supported by the State Monitor Advocate.

8. EQUITY MEASURES • Referred to Jobs • Received Staff Assisted Services • Referred to Supportive Services • Career Guidance • Job Development Contacts

9. MINIMUM SERVICE LEVELS • Placed in a Job • Placed at 50 Cents Above Minimum Wage • Placed in Long-Term Non-Agricultural Jobs

10. OTHER REQUIRED SERVICES • All farmworkers must be provided with a 511N, which explains employment services that are available • English • Spanish • Creole • Upon registration, MSFWs must be coded as such with a definition selected to justify the coding • Agricultural job orders have specific requirements

11. OUTREACH WORKERS • One-Stop Centers where 10% or more of the job seeker population are MSFWs must have a MSFW Outreach Worker. • Florida is one of the top five significant MSFW states and therefore requires full-time, year round MSFW Outreach Workers. • Currently, there are nine significant One-Stop Centers – Quincy, Plant City, Winter Haven, Bradenton, Sebring, Port Saint Lucie, Belle Glade, Homestead, and Immokalee.

12. OUTREACH WORKERS • Prefer MSFW background, bilingual, and/or from a minority group most representative of the majority MSFW population in area • Shall spend majority of time in field • Significant One-Stop Centers must develop an annual outreach plan • During off-season, outreach workers may perform other Wagner-Peyser activities

13. OUTREACH WORKER ACTIVITIES The Outreach Worker shall explain: • Services available from the One-Stop Center • Types of specific employment opportunities currently available • Information on the Complaint System • Information on other organizations serving MSFWs • Basic summary of farmworkers’ rights with respect to conditions of employment

14. LOG OF DAILY ACTIVITIES • http://www.floridajobs.org/pdg/msfw/Log.rtf • Form should be completed on each outreach contact made • Copy must be maintained for five years after date of completion • Completed reports are submitted to the Monitor Advocate by the fifth working day following the report month • One-Stop Center Managers must review logs • Completion instructions are at: http://www.floridajobs.org/pdg/msfw/log%20instructions.rtf

15. MSFW REPORT • Every significant One-Stop Center must complete the Migrant Seasonal FarmworkerReports on a monthly basis: • DEO-1659 • DEO-1301 • Completed reports should be submitted to the Monitor Advocate by the fifth working day following the report month

16. MSFW REGISTRATION • Ensure that all MSFWs receive a 511N • Explain the benefits of a full registration • Ensure correct MSFW category is selected in EFM in the “Farm Work Information” section on the General Information Screen • Full registration required unless refusal by MSFW

17. MSFW REGISTRATION • 20 CFR 653.103(d) requires specific data for MSFW work history • Describe the work performed, training, and educational background on “Background” section • Include a statement of MSFW’s desired employment and necessary training • Additional O*NET Codes are to be assigned, where appropriate based on the MSFW’s work history, training, and KSAs

18. MSFW DESK AID • http://www.floridajobs.org/PDG/MSFW/MSFWDeskAid.pdf • Each One-Stop Center associate who processes applications for agricultural workers should maintain a copy of this desk aid

19. AGRICULTURAL JOB ORDERS Job orders with NAICS farmwork industries that include 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. Phrases such as “TBA” are not acceptable. Example: M-S 6:30 AM - 4:00 PM – Days and hours to be worked depend on crop and weather conditions.

20. AGRICULTURAL JOB ORDERS • The job summary should contain all pertinent data, what the worker does, how does he/she perform the work, why does he/she do it, and what degree of skill is involved? Example: “Pick oranges by hand, use up to 24 foot ladder with 1¾ bushel pick sack, will dump into large bins.”

21. AGRICULTURAL JOB ORDERS • 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; and • A statement as to whether or not the agricultural employer is covered by the Fair Labor Standards Act (FLSA) or employer guarantees minimum wage. Example: $0.90 per 13/5 bushel, employer covered by FLSA.

22. AGRICULTURAL JOB ORDERS • If the employer is a farm labor contractor (FLC) or farm labor contractor employee (FLCE), the job order must include the federal and 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.

23. AGRICULTURAL JOB ORDERS • Use job titles that match the O*NET Codes if possible. • If 4-150 days of duration are indicated, a specific estimated number of days or months must be shown. Example: February-June depending on weather, crop, etc.

24. AGRICULTURAL JOB ORDERS • A wage rate must be specific; “depending on experience (DOE)” is not acceptable. Employers covered by FLSA must adhere to minimum wage laws. http://www.floridajobs.org/docs/workforce-professionals/msfw_procedures_final_guidance.pdf

25. CONTACT INFORMATION Marisela Ruiz Senior Monitor Advocate Department of Economic Opportunity 107 East Madison Street Tallahassee, FL 32399 (850) 921-3207 Marisela.Ruiz@deo.myflorida.com