MIGRANT AND SEASONAL FARMWORKER (MSFW) SERVICES

1. MIGRANT AND SEASONAL FARMWORKER (MSFW) SERVICES

2. Purpose To 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.

3. 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. • 1973 – United States District Court Judge Charles R. Richey rendered judgment

4. BACKGROUND • 1974-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.

5. BACKGROUND • One 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.

6. 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.

7. EQUITY MEASURES • Referred to Employment • Provided Staff Assisted Services • Referred to Supportive Services • Workers Provided Career Guidance • Provided Staff Assisted Services (JD)

8. Minimum Service Levels • MSFWs are placed at 50 cents above minimum wage in Non-Ag Jobs Over 150 Days • All farmworkers must be provided with a 511N http://www.floridajobs.org/pdg/msfw/511N.rtf • Upon registration, MSFWs must be identified as such and a definition selected to justify the designation • Ag job orders have specific requirements

9. OUTREACH WORKERS • One-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

10. OUTREACH WORKER • Prefer MSFW background, bilingual, or from a minority group most representative of the majority MSFW population in area. • During off-season, outreach workers may be assigned to perform other Wagner-Peyser activities. • Significant one-stop centers must include a description of services to the agricultural employers and MSFWs in the two-year plans.

11. 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 farmworker’s rights with respect to conditions of employment

12. 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 two years after date of completion • Completed reports are submitted to Monitor Advocate by fifth working day following the report month • One-stop center managers must review logs to ensure proper completion and provision of services • Completion instructions are at http://www.floridajobs.org/pdg/msfw/log%20instructions.rtf

13. MSFW REPORT • http://www.floridajobs.org/pdg/MSFW/1659MSFWform.rtf • Significant offices must complete the Migrant Seasonal Farmworker Report 1659 on a monthly basis • Completed reports should be submitted by the fifth working day following the report month to the Monitor Advocate

14. MSFW REGISTRATION • Explain the benefits of a full application • Include applicable information in the MSFW section and “Notes” screen • Ensure that all MSFWs receive a 511N • Complete “Activities” Section (“Add Services” Screen) • Document “Notes” Screen as appropriate

15. MSFW REGISTRATION • 20 CFR 653.103(d) requires data for MSFW work history to be comprehensive and specific (Background) • Describe the work performed, training, and educational background • Include a statement if any desired employment and necessary training

16. MSFW Desk Aid • http://www.floridajobs.org/pdg/MSFW/MSFWDeskAid.rtf • Each one-stop center associate who processes applications for agricultural workers should maintain a copy of this desk aid.

17. AGRICULTURAL 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, and what degree of skill is involved.

18. AGRICULTURAL 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; and • A 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.

19. AGRICULTURAL JOB ORDERS • If the employer is a crewleader, the job order must include the crewleader’s 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 Agricultural Recruitment Clearance System. • If the work site is different from the employer address, both addresses are needed. Precise location and directions to the job site should be included on the Job Order “Notes” Screen.

20. AGRICULTURAL JOB ORDERS • Use job titles that match the O*NET Codes if possible, otherwise use the job title the employer provides. • 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.

21. AGRICULTURAL JOB ORDERS • A wage rate must be specific on job orders. The note “depending on experience (DOE)” is not acceptable. Piece rate can be entered and the “Basis for unit of salary/pay” should be “other”. Document “Notes” Screen as appropriate. Employers covered by FLSA must adhere to minimum wage laws.

22. COMPLAINT SYSTEM POLICY • Regulations found at 20CFR 658.400-401 and 410-418 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. Each one-stop center is required to maintain a complaint log. • Regulations found at 20 CFR 653.113 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 653.503 or 658.400 of this chapter (complaints), shall document the suspected violation and refer this information to management and maintain a log.

23. COMPLAINT - 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"

24. TYPES OF COMPLAINTS • One-Stop Center related • Non One-Stop Center related • Discrimination and Equal Opportunity Complaints • Not related to the complaint system.

25. ONE-STOP CENTER RELATED • An alleged violation occurring within the last 12 months AND • It involves a violation of the terms and conditions of a job order by an employer • It 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**** AND • One-Stop referred complainant to the employer and the complaint is about the specific job to which the jobseeker was referred****.

26. ONE-STOP CENTER RELATED • Alleged Discrimination by an employer • Involves employer/state agency in another state • Involves more than one office statewide, or another One-Stop Office • Violation of a One-Stop Regulation • Violation of an employment related law • Violation of the terms and conditions of a job order

27. Discrimination 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, Peter DeHaan, 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. • AWI’s Office of Civil Rights http://www.floridajobs.org/civilrights/index.html

28. Non One-Stop Center Related • MUST MEET DEFINITION OF A COMPLAINT • Complaint 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

29. NOT APPLICABLE TO WP COMPLAINT SYSTEM • UI, WIA, Welfare Transition • Federal Contractor job listing • Complaints from One-Stop staff (staff should follow region’s grievance procedure) Handle these complaints according to their respective complaint regulations.

30. APPARENT VIOLATION An 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.

31. LOG 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.

32. LOG 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.

33. PROCESSING COMPLAINTS AND VIOLATIONS • Documentation • Record Maintenance and Retention • Reports • Notifications

34. CONTACT INFORMATON • Pedro Narezo, Senior Monitor Advocate (850) 921-3207 or via e-mail at Pedro.Narezo@flaawi.com