migrant and seasonal farmworker (msfw) services
DESCRIPTION
MIGRANT AND SEASONAL FARMWORKER (MSFW) SERVICES. Wagner-Peyser Act . OVERVIEW. - PowerPoint PPT PresentationTRANSCRIPT
MIGRANT AND SEASONAL FARMWORKER (MSFW) SERVICES
Wagner-Peyser Act
OVERVIEW
The United States Department of Labor, Employment and Training Administration (ETA) established equity and minimum service level standards for Migrant and
Seasonal Farmworkers, which must be met by states.
OBJECTIVES
MSFW DefinedBackgroundEquity and Service StandardsSignificant Centers and Outreach DutiesAgricultural Job Orders
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 FARMWORKERA seasonal farmworker AND has to travel to do farmwork AND is unable to return to permanent residence within the same day.
MIGRANT FOOD PROCESSING WORKERWorked 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.
BACKGROUND20 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.
1972 – Lawsuit filed by NAACP against Department of Labor alleging discriminatory actions, including inequitable treatment and services to MSFWs in state employment offices (NAACP v. Brennan).
BACKGROUND1974 – United States District Court Judge
Charles R. Richey issued Consent Order requiring the Department of Labor to undertake specified actions on providing farm workers all employment services on a non-discriminating basis (NAACP v. Brennan).
Rules and regulations were established providing criteria for equity of services (20 CFR Parts 651,653 and 658).
BACKGROUND
One criteria established full-time Migrant and Seasonal Farmworker staff in One-Stop Centers that served a large number of MSFWs.
The outreach services network is further supported by the State Monitor Advocate.
EQUITY MEASURESReferred to JobsReceived Staff Assisted ServicesReferred to Supportive ServicesCareer GuidanceJob Development Contacts
MINIMUM SERVICE LEVELS
Placed in a JobPlaced at 50 Cents Above Minimum Wage Placed in Long-Term Non-Agricultural Jobs
OTHER REQUIRED SERVICESAll farmworkers must be provided with a 511N,
which explains employment services that are available
EnglishSpanishCreole
Upon registration, MSFWs must be coded as such with a definition selected to justify the coding
Agricultural job orders have specific requirements
OUTREACH WORKERSOne-Stop Centers where 10% or more of the
job seeker population are MSFWs must have a MSFW Outreach Worker.
Florida is one of the top five significant MSFW states and therefore requires full-time, year round MSFW Outreach Workers.
Currently, there are nine significant One-Stop Centers – Quincy, Plant City, Winter Haven, Bradenton, Sebring, Port Saint Lucie, Belle Glade, Homestead, and Immokalee.
OUTREACH WORKERSPrefer MSFW background, bilingual, and/or
from a minority group most representative of the majority MSFW population in area
Shall spend majority of time in fieldSignificant One-Stop Centers must develop
an annual outreach planDuring off-season, outreach workers may
perform other Wagner-Peyser activities
OUTREACH WORKER ACTIVITIESThe 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
LOG OF DAILY ACTIVITIEShttp://www.floridajobs.org/pdg/msfw/Log.rtf Form should be completed on each outreach
contact madeCopy must be maintained for five years after
date of completionCompleted reports are submitted to the
Monitor Advocate by the fifth working day following the report month
One-Stop Center Managers must review logsCompletion instructions are at:
http://www.floridajobs.org/pdg/msfw/log%20instructions.rtf
MSFW REPORTEvery significant One-Stop Center must
complete the Migrant Seasonal Farmworker Reports on a monthly basis:DEO-1659 DEO-1301
Completed reports should be submitted to the Monitor Advocate by the fifth working day following the report month
MSFW REGISTRATIONEnsure that all MSFWs receive a 511NExplain the benefits of a full registrationEnsure correct MSFW category is
selected in EFM in the “Farm Work Information” section on the General Information Screen
Full registration required unless refusal by MSFW
MSFW REGISTRATION20 CFR 653.103(d) requires specific data
for MSFW work historyDescribe the work performed, training, and
educational background on “Background” section
Include a statement of MSFW’s 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 AIDhttp://www.floridajobs.org/PDG/MSFW/MSF
WDeskAid.pdf
Each One-Stop Center associate who processes applications for agricultural workers should maintain a copy of this desk aid
AGRICULTURAL JOB ORDERS Job orders with NAICS farmwork industries
that include 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. Phrases such as “TBA” are not acceptable.Example: M-S 6:30 AM - 4:00 PM – Days and hours to be worked depend on crop and weather conditions.
AGRICULTURAL JOB ORDERS2. The job summary should contain all
pertinent data, what the worker does, how does he/she perform the work, why does he/she do it, and what degree of skill is involved? Example: “Pick oranges by hand, use up to 24 foot ladder with 1¾ bushel pick sack, will dump into large bins.”
AGRICULTURAL JOB ORDERS3. 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
agricultural employer is covered by the Fair Labor Standards Act (FLSA) or employer guarantees minimum wage.
Example: $0.90 per 13/5 bushel, employer covered by FLSA.
AGRICULTURAL JOB ORDERS4. If the employer is a farm labor contractor
(FLC) or farm labor contractor employee (FLCE), the job order must include the federal and 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.
AGRICULTURAL JOB ORDERS7. Use job titles that match the O*NET Codes if
possible.
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 ORDERS
9. A wage rate must be specific; “depending on experience (DOE)” is not acceptable. Employers covered by FLSA must adhere to minimum wage laws.
http://www.floridajobs.org/docs/workforce-professionals/msfw_procedures_final_guidance.pdf
CONTACT INFORMATION
Marisela RuizSenior Monitor Advocate
Department of Economic Opportunity107 East Madison StreetTallahassee, FL 32399
(850) [email protected]