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Job Service Complaint System June 29, 2009 2PM EST

Job Service Complaint System June 29, 2009 2PM EST. Webinar Platform: Participant View. Attendee List. Presentation Slide Area. Chat Room. Status Options. Full Screen. Submitting Questions.

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Job Service Complaint System June 29, 2009 2PM EST

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  1. Job Service Complaint System June 29, 2009 2PM EST Job Service Complaint System

  2. Webinar Platform: Participant View Attendee List Presentation Slide Area Chat Room Status Options Full Screen

  3. Submitting Questions • To submit a question or comment, type the question in the text field and click the arrow button. • Please enter the name for whom the question is directed. • Your name, the text “(Submitted Question)” and your question will appear in red on your screen, indicating successful submission. • Questions are directly transmitted to presenters – other participants will not see your questions. Text Field Gary, where can I find today’s PPT? Arrow Button

  4. Practice In the Chat Room, please type the name of your organization, your location, and how many people are attending with you today. Job Service Complaint System

  5. Access to Webinar Resources WEBINAR RESOURCES: Recordings and transcripts are available within 2 business days after the event. Email & Password

  6. Presenter Presenter • Juan M. Regalado, National Monitor Advocate, Office of Workforce Investment, Division of Adult Services, Migrant and Seasonal Farm Worker Programs June 2009 Moderator • Thadeus Roberts, Workforce Development Specialist, Employment and Training Administration Job Service Complaint System

  7. Job Service Complaint System Background and Key Terms Job Service Complaint System

  8. Background: District Court Judge Charles Richey Court Order • Issued in 1975; • Aimed to correct inequities; • Created Monitor Advocate System. Job Service Complaint System

  9. Migrant and Seasonal Farm Worker Three Groups: Job Service Complaint System

  10. Migrant and Seasonal Farm Worker Seasonal Farm Worker: • 25 or more days in farm work; • Annual earnings - 50% or more from farm work. Job Service Complaint System

  11. Migrant and Seasonal Farm Worker- • Migrant Farm Worker: • Seasonal Farm Worker • 25 or more days in farm work • Annual earnings - 50% or more from farm work • Job-related travel • Unable to return home the same day Job Service Complaint System

  12. Migrant and Seasonal Farm Worker • Migrant Food Processing Worker: • 25 or more days in food processing work • Annual earnings - 50% or more from farm work • Job-related travel • Unable to return home the same day Job Service Complaint System

  13. Key Terms Job Service Complaint System

  14. Key Terms Job Service Complaint System

  15. Key Terms Job Service Complaint System

  16. Key Terms Job Service Complaint System

  17. Who may file complaints? • Individuals • Businesses • Organizations Job Service Complaint System

  18. Job Service Complaint System • Employment-related rights denied; • Unjustly treated in employment-related instance; • Federally mandated system; • Serves all Job Service customers. Complaint Department Job Service Complaint System

  19. Job Service Complaint System Two Types of Complaints: • Job Service related • Non-Job Service related Job Service Complaint System

  20. Job Service Complaint System Job Service Related Complaint: I. Employer Related • Referred by Job Service • Violation of job order or employer related law II. Agency Related • Job Service actions or omissions • Against any agency providing Job Service funded service Job Service Complaint System

  21. Job Service Complaint System Non-Job Service Related Complaint: • Filed more than 12 months after alleged incident; • Complainant was not referred by Job Service. Job Service Complaint System

  22. Job Service Complaint System Employment Related Issues: • Wages • Health and safety • Discrimination • Sexual assault • Field sanitation • Disability Any of these complaints can either be JS or Non-JS complaints Job Service Complaint System

  23. Job Service Complaint System Accepting and Directing Complaints Job Service Complaint System

  24. Accepting Job Service Related Complaints Job Service related complaints should be: • Accepted • Logged • Referred to Job Service Complaint Specialist Job Service Complaint System

  25. Other Program Complaints "Complaints alleging violations of UI, WIN, or CETA regulations should be handled within the procedures set forth in the respective regulations.“ 20 C.F.R. 658.401 Law Job Service Complaint System

  26. Directing Other Program Complaints Complaints about: • UI • WIA • TANF WIS TANF UI Job Service Complaint System

  27. Accepting and Directing Complaints Remember • Always accept and log every complaint; • Refer complaint to appropriate staff or agency. Job Service Complaint System

  28. Job Service Complaint System Non-Job Service Related Complaint Process Job Service Complaint System

  29. Types of non-Job Service Related Complaints Four Types: • Non-Migrant and Seasonal Farm Worker • Migrant and Seasonal Farm Worker • Against other agency’s employees, policies, and/or procedures • Discrimination Job Service Complaint System

  30. Non-Job Service Related ComplaintsNon-Migrant and Seasonal Farm Worker Local Offices should do the following: • Explain Job Service Complaint System; • Assist with completing forms • Log complaint; • Refer complainant to appropriate agency; • Provide complainant a copy of the referral letter and the complaint; • Attempt local resolution; • Offer appropriate One Stop service. Job Service Complaint System

  31. Non-Job Service Related ComplaintsMigrant and Seasonal Farm Worker Local Offices should do the following: • Explain Job Service Complaint System • Assist with completing forms • Log complaint • Refer complainant to appropriate agency • Provide complainant a copy of the referral letter and the complaint • Attempt local resolution • Offer appropriate One Stop services • Elevate complaint to State Monitor Advocate Job Service Complaint System

  32. Non-Job Service Related ComplaintsMigrant and Seasonal Farm Worker Local Offices should do the following: • Explain Job Service Complaint System • Assist with completing forms • Log complaint • Refer complainant to appropriate agency • Provide complainant a copy of the referral letter and the complaint • Attempt local resolution • Offer appropriate One Stop services • Elevate complaint to State Monitor Advocate Job Service Complaint System

  33. Non-Job Service Related ComplaintsAgainst Agency Staff Local Offices should do the following: • Explain Job Service Complaint System • Assist with completing forms • Log complaint • Refer complainant to appropriate agency • Offer appropriate One Stop services Job Service Complaint System

  34. Non-Job Service Related ComplaintsDiscrimination Local Offices should do the following: • Explain Job Service Complaint System; • Assist with completing forms • Log complaint; • Refer complainant to appropriate agency; • Offer appropriate One Stop services. Job Service Complaint System

  35. Summary Non-JS Related Complaint Offer Assistance Log Complaint Non-MSFW MSFW Referral To Appropriate Agency Local Resolution Notify State MOA Job Service Complaint System

  36. Job Service Complaint System Job Service Related Complaint Process Job Service Complaint System

  37. Job Service Related Complaint Process No allegations of discrimination: • Adhere to local office procedures and referral guide • Attempt local resolution • Document pertinent information and related activities • If unable to resolve, refer to appropriate enforcement agency Job Service Complaint System

  38. Job Service Related Complaint ProcessInterstate Situations Job Service Complaint System

  39. Job Service Related Complaint Process Local Office should do the following: • Explain Job Service Complaint System • Assist with completing ETA Form 8429 • Log complaint • Provide complainant a copy of the complaint • Attempt local resolution • Offer appropriate One Stop service Job Service Complaint System

  40. Job Service Related Complaint Process Referral to Enforcement Agency Referral of unresolved complaints: • 5 days = Migrant and Seasonal Farm Workers; • 15 days = non-Migrant and Seasonal Farm Workers. State Agency follow up: • Monthly = Migrant and Seasonal Farm Workers; • Quarterly = non-Migrant and Seasonal Farm Workers Job Service Complaint System

  41. Job Service Related Complaint ProcessResolution • The complainant: • Indicates satisfaction with the outcome; • Chooses not to elevate the complaint to next level of review; • Fails to respond to a written request within: • Twenty (20) working days for non-Migrant and Seasonal Farm Workers, • Forty (40) working days for Migrant and Seasonal Farm Workers; • Exhausts the final level of review. • The enforcement agency makes a final determination on a referred complaint. Job Service Complaint System

  42. Job Service Related Complaint Process Discontinuation of Services Job Service Complaint System

  43. Job Service Related Complaint Process Confidentiality 20 C.F.R. 658.413(b) Job Service Complaint System

  44. Summary JS Related Complaint Offer Assistance/Log Complaint Attempt Local Office Resolution Unresolved Complaint? Non-MSFW After 15 Days Refer To Appropriate Agency MSFW After 5 Days Report to Appropriate Agency Quarterly Follow Up Monthly Follow Up Job Service Complaint System

  45. Job Service Complaint SystemEmployer Non-Compliance H-2A complaints??? Job Service Complaint System

  46. H-2A Certification for Temporary orSeasonal Agricultural Work • Protection of foreign and domestic workers Job Service Complaint System

  47. H-2A Complaint ProcessEmployer Non-Compliance Job Service Complaint System

  48. H-2A Complaint ProcessEmployment Standards Administration Jurisdiction includes H-2A employers and complaints about: • Wages; • Transportation; • Housing. Complaints from Job Service and Non-Job Service referrals. For Rent Job Service Complaint System

  49. Summary H2-A Related Complaint Refer To Employment Standards Administration Offer Assistance Log Complaint Non-MSFW MSFW Monthly Follow Up Quarterly Follow Up Job Service Complaint System

  50. Question and Answer Period Please enter your questions into the Chat Room!

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