MIGRANT SEASONAL MIGRANT SEASONAL FARMWORKER (MSFW) FARMWORKER (MSFW)

SERVICESSERVICES

http://www.floridajobs.org

An equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY/TDD equipment

via the Florida Relay Service at 711.

PurposePurpose

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.

BACKGROUNDBACKGROUND

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

BACKGROUNDBACKGROUND

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.

BACKGROUNDBACKGROUND

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.

MSFW - DefinitionMSFW - 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.

EQUITY MEASURESEQUITY MEASURES

Referred to JobsProvided Some ServicesReferred to Supportive ServicesWorkers CounseledProvided Job Development

Minimum Service LevelsMinimum 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 coded as such and a definition selected to justify the coding

Ag job orders have specific requirements

OUTREACH WORKERSOUTREACH 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

OUTREACH WORKEROUTREACH 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 perform other Wagner-Peyser activities.

Significant One-Stop Centers must develop an annual outreach plan.

OUTREACH WORKER OUTREACH WORKER ACTIVITIESACTIVITIES

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

LOG OF DAILY ACTIVITIESLOG 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

MSFW REPORTMSFW REPORT

http://www.floridajobs.org/pdg/MSFW/1659MSFWform.rtf

Every One-Stop Center, even those that are not 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

MSFW REGISTRATIONMSFW REGISTRATIONhttp://http://awiprod.state.fl.us/TRNG/Osmis/WelcomePage.jspawiprod.state.fl.us/TRNG/Osmis/WelcomePage.jsp

Explain the benefits of a full registrationInclude applicable information in the

MSFW sectionEnsure that all MSFWs receive a 511NDocument “B” Screen (MSFW Information

Screen) as appropriate (ODDS AG for crop codes)

Document “H” Screen (Service Screen) as appropriate

MSFW REGISTRATIONMSFW REGISTRATION

20 CFR 653.103(d) requires data for MSFW work history to be comprehensive and specific

Describe the work performed, training, and educational background

Include a statement if any 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.

MSFW Desk AidMSFW Desk Aid

http://www.floridajobs.org/pdg/MSFW/MSFWDeskAid.rtf

Each One-Stop Center associate who processes applications for Ag workers is to maintain a copy of this desk aid.

AGRICULTURAL JOB AGRICULTURAL JOB ORDERSORDERS

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:

1. 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.

2. The job summary should contain all pertinent data, what the worker does, how does he/she perform the work, why, what degree if skill is involved?

AGRICULTURAL JOB ORDERSAGRICULTURAL JOB ORDERSExample: “Pick oranges by hand, use up to 24 foot ladder with 1 ¾ bushel pick sack, will dump into large bins.”

3. If the worker is to be paid by piece rate, the job summary should include:

A. The amount to be paid;B. The unit of measurement;C. A brief, concise description of the size or capacity of the

measurement; andD. 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.

AGRICULTURAL JOB ORDERSAGRICULTURAL JOB ORDERS

4. If the employer is a crewleader, the job order must include the federal and/or state registration number.

5. The statement “Refer within commuting distance only” is required if the order is not to be placed in the clearance system.

6. If the work site is different from the employer address, both addresses are needed. Precise location and directions to the job site are imperative.

AGRICULTURAL JOB ORDERSAGRICULTURAL JOB ORDERS

7. Use job titles that match the O*NET Codes if possible, otherwise use the job title the employer provides.

8. 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.

AGRICULTURAL JOB ORDERSAGRICULTURAL JOB ORDERS

9. A wage rate must be specific on job orders. The note “depending on experience (DOE)” is not acceptable. Employers covered by FLSA must adhere to minimum wage laws.

http://www.floridajobs.org/pdg/guidancepapers/Default.htm

COMPLAINT SYSTEMCOMPLAINT SYSTEMhttp://www.floridajobs.org/Manuals/default.htm

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.

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.

COMPLAINT - DEFINITIONCOMPLAINT - 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"

TYPES OF COMPLAINTSTYPES OF COMPLAINTS

One-Stop Center related Non One-Stop Center relatedDiscrimination and Equal Opportunity

ComplaintsNot related to the complaint system.

ONE-STOP CENTER ONE-STOP CENTER RELATEDRELATED

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****.

ONE-STOP CENTER ONE-STOP CENTER RELATEDRELATED

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

Discrimination and Equal Discrimination and Equal Opportunity ComplaintsOpportunity 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 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.

Non One-Stop Center RelatedNon One-Stop Center Related

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

MUST MEET DEFINITION OF A COMPLAINT

NOT APPLICABLE TO WP NOT APPLICABLE TO WP COMPLAINT SYSTEMCOMPLAINT SYSTEM

UI, WIA, Welfare TransitionFederal Contractor job listing Complaints from One-Stop staff

Handle these complaints according to their respective complaint regulations.

APPARENT VIOLATIONAPPARENT 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".

LOG OF APPARENT LOG OF APPARENT VIOLATIONSVIOLATIONS

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.

LOG OF APPARENT LOG OF APPARENT VIOLATIONSVIOLATIONS

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.

PROCESSING PROCESSING COMPLAINTS AND COMPLAINTS AND

VIOLATIONSVIOLATIONSDocumentationRecord Maintenance and RetentionReports Notifications