Services to Migrant and Seasonal Farm Workers

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Services to MigrantandSeasonal Farm Workers
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Services to Migrant Seasonal Farmworkers
Judge Richey Court Order and U.S. Department
of Labor Federal Regulations
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Judge Richey Court Order
Requires USDOL to take all necessary
appropriate actions to ensure delivery of all
DOL manpower services to migrant seasonal
farmworkers on a non-discriminatory
basis. Established Federal regulations
governing Wagner- Peyser Employment Service (20
CFR 653) USDOL/ETA (20 CFR 658). Established
the federal/state Monitor Advocate system to
oversee compliance by the ETA Employment
Service.
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WIA Impact

• Questions were raised regarding MSFW Services
  Monitor Advocates
• Did implementation of the WIA 167 National
  Farmworker Jobs Program (NFJP) mean the end the
  Monitor Advocate System and the regulations at
  20 CFR 653?
• Federal Register, August 11, 2000, Preamble to
  Workforce Investment Act Final Rules

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Answer NO

• The NFJP supplements, but does not substitute
  for WIA Wagner-Peyser services to farm work or
  agriculture job seekers.
• The Employment Service WIA responsibilities
  to farm workers are separate and distinct from
  the NFJP.
• Judge Richey's decision requires the entire
  workforce development system to serve farm
  workers equitably. This requirement has not
  changed under WIA.

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MSFW Services Review Underway

• Identify and develop better ways to serve MSFWs
  in todays Workforce Development System.
• Increase the number of MSFWs that participate in
  the Workforce Development System.
• Increase the number of agricultural employers
  utilizing Workforce Development Systems labor
  exchange services.
• Assist MSFW transition from seasonal to permanent
  or self-sufficient employment.
• Enhance collaboration between other Federal
  entities, stakeholders and organizations that
  serve MSFWs.
• DOL expects the review process to take six
  months and implementing suggested changes may
  take up to 2-years.

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MSFW DATA REPORTING

• Data for MSFWs Services are currently reported
  on the ETA 5148. (See CFR 20 653.109.)
• Significant MSFW data comes from the current
  9002 data collection system.
• The REVISED 9002 captures some but not all of
  the significant MSFW data to complete the 5148
  report. (See Equity Indicators slides)
• States are still required to CAPTURE MSFW DATA
  to complete the ETA 5148 until MSFW services
  review provides new instructions.

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Impact on State Data Systems

• These LX and VETS performance measures are not
  intended or designed to be day-to-day program or
  operations management tools.
• Additional state measures may still be needed to
  manage the labor exchange services in the overall
  One-stop system.
• State data collection applications and
  operating systems may not have to be changed.
• To front line staff the changes may be
  transparent.

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Equity Indicators 1
Old Referred to a Job/Employment The act of
bringing to the attention of an employer an
applicant or group of applicants who are
available for a job, and the record of such a
referral. New Referred to Employment Count of
registered job seekers who were referred to
employment. A referral to employment is the act
of bringing to the attention of an employer an
applicant or group of registered job seekers who
are available for a job and the record of such a
referral.
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Equity Indicators 2
Old Provided with Some Services All applicants
that have received some reportable service during
the current year. Services include (a) through
(m). Application taking and/or registration are
not included as reportable services in this
item. New Received Staff Assisted
Services Registered job seeker who received
staff-assisted services during the current
registration year. Staff-assisted services
include (a) through (j), or (k) any other
service requiring significant expenditure of
staff time. Application taking/registration and
the use of self-service or facilitated self-help
services are not included as staff-assisted
services.
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Equity Indicators 3

• Old Referred to Supportive Services
• Individuals referred to services designed to
  assist an individual to achieve physical, mental,
  social or economic well being and reduce or
  eliminate barriers to employment. These include
  health medical services, child care, emergency
  financial services, relocation assistance,
  residential support, nutritional and legal
  services.
• New Referred to Support Services
• Registered job seeker referred to services
  designed to assist individual to achieve
  physical, mental, social or economic well being
  and reduce or eliminate barriers to employment.
  These include health and medical services, child
  care, emergency financial services, relocation
  assistance, residential support, nutritional and
  legal services.

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Equity Indicators 4

• Old Counseled
• Applicants who receive ongoing or one-time
  assistance from a qualified counselor or
  counselor trainee to aid them in gaining a better
  understanding of themselves so that they can more
  realistically choose or change an occupation, or
  make a suitable job adjustment. Counseling can
  be provided directly to an individual or through
  group counseling services and may result in a
  written employability plan.
• New Career Guidance
• Count of registered job seekers who received
  services which include the provision of
  information, materials, suggestions, or advice
  which are intended to assist the applicant in
  making occupation or career decisions.

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Equity Indicators 5

• Old Job Development Contacts
• In Received Some Reportable Service - an
  applicant who has received some reportable
  service during the current program year.
  Including (j) job development contacts.
• New Received Staff Assisted Service
• Registered job seeker who has received
  staff-assisted services during the current
  registration year. Staff-assisted services
  include (h) job development contacts.

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Minimum Service Level Indicators

• Placed in a job
• Placed .50 above minimum wage
• Placed in Long-Term Non-Ag Jobs
• None are included on proposed 9002
• Work will continue to identify develop
  alternative methods to improve services data to
  assist MSFWs to transition to Self-Sufficient
  Employment.

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MSFW Reporting Issues

• ? California, Rhode Island, Washington are the
  only States that require UI coverage of all
  agricultural employee wages.
• ? Most other States cover only the minimum
  required (Federal exemption from UI coverage)
• 10 employees in 20 weeks or 20,000 in a
  Calendar Quarter (CQ) unless otherwise specified

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MSFW Reporting Issues

• Work in employment that is not covered by state
  UI tax and benefit programs will be more
  difficult to verify than the UI Wage File cross
  matching now required under WIA and Wagner
  Peyser.
• This is no more difficult then it is today.
• Some individuals may incorrectly view this a
  disincentive for serving MSFW and agricultural
  workers.

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New Reporting Opportunities ES Performance
Measures

• Use of Wage File cross matching will make it
  easier to verify the movement of MSFWs to
• more permanent employment,
• employment covered by state UI benefits,
• employment opportunities that offer longer term
  or more consistent employment, and
• agricultural and non-ag employment with wages and
  benefits that contribute to self sufficiency
• This is consistent with the Judge Richey goals

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OPPORTUNITY

• To track and document MSFWs entry to employment
  in non-covered employment, in the near term
  States will need to
• ? Maintain the current MSFW reporting and
  employment verification mechanisms and
  systems,
• ? develop additional alternative methods to
  verify employment, and
• ? devise supplemental reporting standards.
• Our expectation is that a more accurate and
  complete picture of the success of MSFWs
  employment initiatives will result from the new
  Performance Measures and Reporting
  Requirements.