Agricultural Recruitment System (abbreviated) Technical Handbook

Agricultural Recruitment System (abbreviated) Technical Handbook

Agricultural Clearance SystemAgricultural Clearance System

Wagner-Peyser ActWagner-Peyser Act

• Wagner-Peyser mandates the United States Employment Service maintain a system for the orderly movement of workers within and between States.

• The regulations are based on the Department’s policy of requiring specific assurances and information in the Agricultural Clearance Orders.

• Provide protection to the workers who are not seeking permanent relocation but rather temporary agricultural employment.

How the ARS( agricultural Recruitment System) Process WorksHow the ARS( agricultural Recruitment System) Process Works

If labor needs are not met through the local job order, employer should be advised of option to clear order to the other local offices within the state.

With employer authorization, the local office submits an Intrastate Job Order. Please contact the State Monitor Advocate prior to initiating any Intra or Interstate job orders.

How the ARS Process WorksHow the ARS Process WorksMonitor Advocate works with Regional Office who, in term will approve or disapprove the Interstate Clearance Orders.

If approved, the Regional Office determines the areas of supply to extend the order.

Local office is notified the Clearance Order has been approved, the local office then electronically sends the order directly to AJB, and to ETA designated State(s)

Who May Place an Agricultural Clearance Order?

Who May Place an Agricultural Clearance Order?

• Agricultural employer meeting definition at 20 CFR 651.10– Includes a person, firm, corporation, partnership,

association, organization or registered Farm Labor Contractor (FLC)

– If a FLC functions as an employer, a valid federal and state (if applicable) registration is required

ETA’s Regional Office Responsibilities

ETA’s Regional Office Responsibilities

• Approves or denies the Interstate Clearance Order within 10 working days from the date received from the SWA– The Agricultural Clearance Order Checklist should

be used to review the Order to ensure compliance with applicable regulations.

Local office ResponsibilitiesLocal office Responsibilities

• Distributes copies of the approved Order and all necessary attachments including summary checklist to the following:

1. One copy to each State selected for recruitment.2. One copy to the ETA Regional Office having

jurisdiction over the state(s)to which the order has been extended.

3. One copy to the Regional Farm Labor Coordinated Enforcement Committee in the area of intended employment.

Job Center Responsibilities in States Selected for RecruitmentJob Center Responsibilities in

States Selected for Recruitment

• Begins recruitment of workers• Provides checklist of wages, working conditions

and other information to the referred workers– The checklist is to be made available in English,

Spanish, or any other language as necessary• Provides statement of worker’s rights to each

referred worker• Makes a copy of the complete Clearance Order

available for inspection

What to Submit as Clearance Order Package

What to Submit as Clearance Order Package

• Signed Form ETA 790, Agricultural and Food Processing Clearance Order which describes the terms and conditions of employment.

• ETA 790 Attachments to furnish additional information, numbered accordingly

• Signed assurances that employer will abide by the terms and conditions of the job order

• Housing Approval or Request for Conditional Access

When to Place a Clearance OrderWhen to Place a Clearance Order• Order should be placed no later than 8 weeks

before the date of need for the workers

NOTE

The earlier the order is placed, the greater the chance of finding workers

OHO (order holding office) Referral ResponsibilitiesOHO (order holding office) Referral Responsibilities• Coordinate referrals• Makes all changes to terms and conditions in the

Clearance Order by the employer after DOL approval

• Contacts employers to assist in placing applicants• Confirms all actions concerning workers• Advises workers and provides community service

information.

Regulations/Disclaimer Statements

Regulations/Disclaimer Statements

• The Clearance Order must comply with the regulations at 20 CFR 653.501

• The Order must contain the required disclaimers.

Terms and Conditions of Employment

Terms and Conditions of Employment

• The terms and conditions must meet the following provisions:– The Order must not contain any unlawful

discriminatory specification which is unrelated to job performance.

– The Order must comply with applicable employment related Federal and State Laws.

– The prevailing conditions among similarly employed farmworkers in the area of intended employment shall be the minimum benefits and working conditions.

Components of a Clearance Order

• Nature of Employment– The scope of the job must be specified in terms of the

crop and crop activities involved, the tasks to be performed, and the tools or equipment used

• Employment Period– The duration of employment must cover the estimated

hours of work per day and per week and the anticipated starting and ending dates of employment

AssurancesAssurances

• The regulatory assurances must be included as a part of all Clearance Orders – As the attachment of a signed copy of the

Assurances statement (Appendix C)

– As a statement on the ETA Form 790 agreeing to abide by the assurances.

Wage Information and Requirements

Wage Information and Requirements

• The wage rate for “each activity” may be no less than the highest of the following:

– The prevailing wage rate– The Federal or the State minimum wage rate– The Adverse Effect Wage Rate (AEWR)

Wage InformationWage Information• The wage rate requirement also applies to piece rates,

base rates, or bonuses– In this instance, the employer must submit the method of calculating

the wage rate and supporting materials to the local SWA office

• The local office staff reviews the estimate to ensure compliance with the prevailing wage rate or

• The applicable Federal or State minimum wage rate, or the AEWR, whichever is highest.

Wage InformationWage Information

• Any bonus or work incentive must be stated in the job order – The employer must specify how the bonus is earned– Payment of bonuses or incentives are not to be

contingent upon the worker remaining in employment beyond the initial period of employment

– Workers with children who need to return home for the beginning of the school year are entitled to wages, bonuses, incentives, and other expenses at the time of departure

HousingHousing

• A preoccupancy housing inspection is conducted by the Bureau of Migrant, Refugee & Labor Services Inspector.

Field ChecksField Checks

• The local office must conduct random, unannounced field checks of worksites.

• Informal resolutions on observed violations must be made by the local office within 5 working days. Violations of employment related laws shall be referred to the appropriate enforcement agency.

ComplaintsComplaints• Job seekers referred on a Clearance Order must

be given a copy of workers’ rights information

• The workers have a right to file a complaint with the Employment Service if the employer violates the terms and conditions of the Clearance Order

• Specific regulatory provisions are found at 20 CFR Part 658, Subpart E