MIGRANT%20SEASONAL%20FARMWORKER%20(MSFW)%20SERVICES - PowerPoint PPT Presentation

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MIGRANT%20SEASONAL%20FARMWORKER%20(MSFW)%20SERVICES

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MSFWs are placed at 50 cents above minimum wage in Non-Ag Jobs Over 150 Days ... Federal Contractor job listing. Complaints from One-Stop staff ... – PowerPoint PPT presentation

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Title: MIGRANT%20SEASONAL%20FARMWORKER%20(MSFW)%20SERVICES

1
MIGRANT SEASONAL FARMWORKER (MSFW) SERVICES

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.

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 Jobs
Provided Some Services
Referred to Supportive Services
Workers Counseled
Provided Job Development

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 coded as such
and a definition selected to justify the coding
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 perform
other Wagner-Peyser activities.
Significant One-Stop Centers must develop an
annual outreach plan.

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 farmworkers 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.floridaj
obs.org/pdg/msfw/log20instructions.rtf

13
MSFW REPORT

http//www.floridajobs.org/pdg/MSFW/1659MSFWform.r
tf
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

14
MSFW REGISTRATIONhttp//awiprod.state.fl.us/TRNG/
Osmis/WelcomePage.jsp

Explain the benefits of a full registration
Include applicable information in the MSFW
section
Ensure that all MSFWs receive a 511N
Document B Screen (MSFW Information Screen) as
appropriate (ODDS AG for crop codes)
Document H Screen (Service Screen) as
appropriate

15
MSFW 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 ONET Codes are to be assigned, where
appropriate based on the MSFWS work history,
training, and KSAs.

16
MSFW Desk Aid

http//www.floridajobs.org/pdg/MSFW/MSFWDeskAid.rt
f
Each One-Stop Center associate who processes
applications for Ag workers is to 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 630 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, why, what degree if 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 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 clearance system.
If the work site is different from the employer
address, both addresses are needed. Precise
location and directions to the job site are
imperative.

20
AGRICULTURAL JOB ORDERS

Use job titles that match the ONET 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. Employers covered by FLSA must
adhere to minimum wage laws.
http//www.floridajobs.org/pdg/guidancepapers/Defa
ult.htm

22
COMPLAINT SYSTEM

http//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.

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 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.

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
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