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THAT’S ENTERTAINMENT!

This letter provides training and employment guidance for the entertainment industry in the United States, including information on filing, qualifications, and responsibilities.

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THAT’S ENTERTAINMENT!

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  1. THAT’S ENTERTAINMENT! Training & Employment Guidance Letter 31-05

  2. Where to File The Country is Divided into 3 OSE Jurisdictions: OFFICES SPECIALIZING IN ENTERTAINMENT New York, NY Sacramento, CA Austin, TX TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications United States Department of Labor May 2007 Employment and Training Administration

  3. NEW YORK OSE SERVICE AREA Start Dates in the Eastern United States Alabama No. Carolina 24 States Connecticut Pennsylvania Puerto Rico D.C. Rhode Island Delaware Massachusetts South Carolina Mississippi Florida Tennessee New Hampshire Georgia Vermont New Jersey Kentucky Virgin Islands New York Maine Virginia Maryland West Virginia TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications United States Department of Labor May 2007 Employment and Training Administration

  4. TEXAS OSE SERVICE AREA Start Dates in the Central States Arkansas New Mexico 15 States Illinois Ohio Indiana Oklahoma Louisiana Missouri Iowa Texas Minnesota Kansas Michigan Nebraska Wisconsin TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications United States Department of Labor May 2007 Employment and Training Administration

  5. CALIFORNIA OSE SERVICE AREA Start Dates in Western States 15 States Alaska Oregon Arizona S. Dakota California Utah Hawaii Nevada Colorado Montana Washington Idaho N. Dakota Guam Wyoming TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications United States Department of Labor May 2007 Employment and Training Administration

  6. FEDERAL JURISDICTION Determinations are Issued by The Chicago National Processing Center TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications United States Department of Labor May 2007 Employment and Training Administration

  7. Determinations are based on: An assessment of requirements of the role or the act to be performed The need to keep the unity of a group or company and support personnel The role of labor unions in this highly unionized field and their impact on employment opportunities The willingness of available United States workers to fulfill the employer’s prescribed itinerary

  8. Special Information • Canadian musicians performing within 50 miles of the Canadian border for 30 days or less ARE NOT SUBJECT to these procedures • In the Virgin Islands, the period of the labor certification MAY NOT EXCEED 45 days TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications United States Department of Labor May 2007 Employment and Training Administration

  9. WHO QUALIFIES ???? Occupations shall include: • Performers • Technical and support personnel involved with a performance • Traveling carnivals and concessionaires TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications United States Department of Labor May 2007 Employment and Training Administration

  10. Where to File ???? In the OSE serving the area of intended employment where the employment will begin TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications United States Department of Labor May 2007 Employment and Training Administration

  11. What to File???? • Completed Form ETA 750, Part A • Itinerary and duration of work in each location (if more than one site) • Explanation of temporary need • Documentation of employer’s effort, if any, to recruit U.S. workers. • Copies of ads TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications United States Department of Labor May 2007 Employment and Training Administration

  12. OSE Responsibilities • Review the application for completeness and determine the prevailing wage (daily, hourly, weekly) • Prepare job order TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications United States Department of Labor May 2007 Employment and Training Administration

  13. OSE Responsibilities • Direct advertising TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications United States Department of Labor May 2007 Employment and Training Administration

  14. Advertising and Recruiting – Employer Ad • During the 10-day posting of the OSE job order, employer will run a newspaper ad for 3 consecutive calendar days • The OSE will provide instructions to advertise in a newspaper with the widest circulation in the local area • If the job is located in a rural area with no daily edition, employer shall use a daily edition published in the nearest urban area or other publication as determined by the OSE • OSEs will not accept advertisements run on Internet sites! Employer must notify the OSE as to “WHEN” (i.e., calendar dates) the advertisements will run TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications United States Department of Labor May 2007 Employment and Training Administration

  15. Advertising and Recruiting – OSE Job Order • OSE will prepare a job order, using information on the application, and place it into the job bank for 10 calendar days • OSE will accept for referral to the employer all qualified applicants • Employer should initiate contact with unions or other recruitment sources, appropriate to the occupation and customary to the industry, for qualifies U.S. workers • Employer must contact and evaluate all qualified applicants who are referred TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications United States Department of Labor May 2007 Employment and Training Administration

  16. Advertising Newspaper/journals advertisements must contain the following: • Employer’s name and location of work • OSE contact information and job order number (directs U.S. workers to the OSE for referral to employer) • Description of job opportunity with particularity • Rate of pay including overtime, if applicable • Prevailing working conditions such as housing, lifting, excessive heat, etc. • Actual minimum job requirements (must match the application) • Total job openings to be filled (must match the application) • Indication the job is “temporary” TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications United States Department of Labor May 2007 Employment and Training Administration

  17. OSE Responsibilities • Accept and review recruitment efforts TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications United States Department of Labor May 2007 Employment and Training Administration

  18. Written results of recruitment must: • Identify each recruitment source by name • State the name, address, and telephone number of each United States worker who applied for the job • Explain the lawful job-related reason for not hiring each United States worker TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications United States Department of Labor May 2007 Employment and Training Administration

  19. OSE Responsibilities • Union Contact, if applicable TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications United States Department of Labor May 2007 Employment and Training Administration

  20. Procedures and Conditions for Union Contacts • OSE mails letter to the appropriate national union • OSE allows five days for response from union • Union must provide OSE with the name, address, telephone number of US workers for referral to employer TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications United States Department of Labor May 2007 Employment and Training Administration

  21. OSE Responsibilities • Submit completed application to Chicago NPC TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications United States Department of Labor May 2007 Employment and Training Administration

  22. Prevailing Wage!! The employer has the option to: • Pay the prevailing wage for each location OR • Pay the highest of the prevailing wages for all the locations TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications United States Department of Labor May 2007 Employment and Training Administration

  23. Carnivals & Concessionaires TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications United States Department of Labor May 2007 Employment and Training Administration

  24. Carnivals & Concessionaires Responsibilities • File with the appropriate OSE (NY, TX or CA). • Itineraries of locations and duration of work are acceptable • Must pay the prevailing wage for each location or the highest p/w for all locations listed on the itinerary for work performed. TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications United States Department of Labor May 2007 Employment and Training Administration

  25. Carnivals & Concessionaires Responsibilities • Advertisements must be placed in a newspaper of general circulation, and not trade journals.  • Conduct advertising in the first location of the itinerary where the application is filed.  • The advertisement must set forth all work locations and applicable prevailing wages for each.  TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications United States Department of Labor May 2007 Employment and Training Administration

  26. In your package, you will find: • TEGL 31-05 Procedures for Temporary Labor Certification in the Entertainment Industry under the H-2B Visa Program • Attachment 1 – Offices Specializing in Entertainment (OSE) • Attachment 2 – THE MAP • Unions frequently contacted in Arts & Entertainment TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications United States Department of Labor May 2007 Employment and Training Administration

  27. The End TEGL 31-05 Stakeholder Briefing – H2B Entertainer Applications United States Department of Labor May 2007 Employment and Training Administration

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