Wagner-Peyser FAQ

Wagner-Peyser

• What about requests that are not bona fide job orders?

  It is inconsistent with the purpose of the One-Stop Career Centers to refer applicants to an employer who wishes only to build applicant files for possible future openings. These requests are not considered to be bona fide job orders. It's permissible to refer an applicant for an interview with an employer who may be able to create an opening that will be available on a definite future date. Such orders are often necessary when a new business is staffing up. The expected hiring date should be clearly shown on the order so that the applicant will be aware of the situation prior to accepting a referral to the employer.

• Should I refer applicants to employers during a labor dispute?

  One Stop Career Center associates should follow the steps relating to referrals in the Federal Regulations at 20CFR 652.9 which stipulate the following:

  • State agencies shall make no job referral on job orders which will aid directly or indirectly in the filling of a job opening which is vacant because the former occupant is on strike, or is being locked out in the course of a labor dispute, or the filling of which is otherwise an issue in a labor dispute involving a work stoppage.
  • Written notification shall be provided to all applicants referred to jobs not at issue in the labor dispute that a labor dispute exists in the employing establishment and that the job to which the applicant is being referred is not at issue in the dispute.
  • When a job order is received from an employer reportedly involved in a labor dispute involving a work stoppage, state agencies shall:
    • verify the existence of the labor dispute and determine its significance with respect to each vacancy involved in the job order, and
    • notify all potentially affected associates concerning the labor dispute
  • State agencies shall resume full referral services when they have been notified of, and verified with the employer and workers' representative(s), that the labor dispute has been terminated.
  • State agencies shall notify the (federal) regional office of the existence of labor disputes which results in a work stoppage at an establishment involving a significant number or workers; or involve multi-establishment employers with other establishments outside the reporting state.

• Traditionally, when is there a need for an applicant to utilize testing services?

  The need for testing is often related to counseling needs and except for routine testing for job order requirements (specific aptitude test batteries or proficiency tests like typing and dictation tests), applicants who appear to need testing for occupational evaluation should be referred to a counselor.

• What should I keep in mind when screening an applicant in order to make a job referral?

  At the screening and referral point, the interviewer must screen to the first disqualifying item. For example: if the employer requires a high school graduate and the applicant has less than a high school education, the applicant should not be referred.

• What is the difference between a full application or registration and a partial one?

  Full Application, Fully Registered, and Complete Application are terms which mean the applicant has been assigned an Occupational Information Network (O*NET) code, completed the background wizard, or entered a resume on their personal profile to include additional essential employment related information such as licenses or certifications, etc., that will enhance the placement of the applicant.

  Partial Application and Partial Registration are terms which mean the elements necessary to establish a record, basic demographic data, have been entered into the data system but an O*NET code, background wizard, or resume has not been completed.

• What about substandard orders?

  One-Stop Career Centers should refrain from active recruitment to fill orders that offer wages below the federal minimum wage from employers who are not subject to the Fair Labor Standards Act.

  If the order taker receives an order below the federal minimum wage from an employer who states that the business is not subject to the minimum wage law, he/she should tactfully inform the employer of the probable difficulty in filling such an opening. If the employer is unwilling to modify the order, the order-taker should continue taking the order without comment.

• What is considered to be entered employment?

  The difference between these categories of employment has gotten a little confusing. Basically, the sum of all placements, obtained employments, and entered employments as the result of the provision of a reportable service are all clumped together and generically called “ENTERED EMPLOYMENTS,” for reporting purposes. The distinction between the first two and the third category has to do with the type of service provided to the customer, and the length of time between the provision of the service and the date of employment. The services for both an obtained employment and a reportable service employment are input primarily via the activity service plan screen. The definition of a reportable service/entered employment follows:

  REPORTABLE SERVICE/Entered Employment shall be a measure of an employment outcome of an applicant registered within 12 months following the provision of a reportable service.

  Reportable Services include:

  • Referral to a job
  • Job placement
  • Placement in training
  • Obtaining employment
  • Assessment services, including an assessment interview, testing, counseling and employability planning
  • Case management services
  • Vocational guidance services
  • Job search activities, including resume assistance, job search workshops, job finding clubs, specific labor market information and job search planning
  • Bonding program
  • Job development (JD) contacts
  • Tax credit eligibility information

  Referral to other services, including skills training, educational services, and supportive services (Supportive services include: referral 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 and medical services, childcare, emergency financial services, relocation assistance, residential support, nutritional and legal services.)

  Any other services requiring the expenditure of staff time, although there may be no specific reporting requirement. (Application taking and/or registration are not included as reportable services).

• What are the EEO guidelines governing job orders?

  The Office for Civil Rights, as part of its compliance review, monitors job orders for discriminatory wording. They also look for statements which are subjective, meaning matters of personal taste or preference.

• Should I refuse to refer applicants who smoke to employers who have smoke free workplaces?

  Absolutely not. One-Stop  Career Centers may not screen applicants for employers based on the smoking habits of job applicants. However, while this type of screening responsibility remains with the employer, the job order summary should indicate "non-smoking environment/office."

• What about job orders requesting independent contractors?

  One-Stop Centers may accept job orders from employers desiring to employ individuals as independent contractors as long as the terms and conditions of employment are spelled out in the job order summary and to the applicants before a referral is made.

• What is the difference between an obtained employment and a job placement?

  An “Obtained Employment” credit refers to an individual who has secured employment within 90 calendar days of receiving a qualified service. Also, verification must be received from a reliable source (preferably the employer) that the applicant has obtained employment and such employment does not meet the definition of a “Job Placement.”

  A placement, as defined in 20 CFR 651.10 (Wagner-Peyser) is, the hiring by a public or private employer of an individual referred by the employment office for a job or an interview, provided that the employment office completed all of the following steps:

  1. A job order was prepared prior to referral, except in the case of a job development contact on behalf of a specific applicant;
  2. Prior arrangements were made with the employer for the referral of an individual(s);
  3. Individuals were referred who had not been specifically designated by the employer, except for referrals on agricultural job orders for a specific Crew Leader or worker;
  4. Verification was received from a reliable source (preferably the employer) that the individual had entered on a job; and
  5. The placement was appropriately recorded.

• Which applicant populations are given priority when it comes to employment counseling?

  Veterans, migrant & seasonal farmworkers, customers with disabilities, dislocated workers, ex-offenders, labor force re-entrants, minorities/women, unemployed professionals, older workers, youth and welfare participants are all given priority of services when it comes to counseling.

• What preference should be given to Veterans when performing job referral?

  Veterans priority should be strictly observed when making job referrals of qualified veterans. Section 652.120 of 20 CFR V, Subpart B, requires that every one-stop career centers using all of its associates, shall provide services to veterans in the following order of priority:

  1. Special Disabled Veterans. The term "special disabled veteran" means
     • a veteran who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Secretary for a disability (i) rated at 30 percent or more, or (ii) rated at 10 or 20 percent in the case of a veteran who has been determined under section 3106 of this title to have a serious employment handicap; or
     • a person who was discharged or released from active duty because of service-connected disability.
  2. Vietnam Era Veterans. The term "veteran of the Vietnam era" means an eligible veteran any part of whose active military, naval, or air service was during the Vietnam era.
  3. Disabled Veterans. The term "disabled veteran" means:
     • a veteran who is entitled to compensation (or who but for the receipt of military retired pay would be entitled to compensation) under laws administered by the Secretary, or
     • a person who was discharged or released from active duty because of a service-connected disability.
  4. Other Veterans and Eligible Persons. The term "eligible person" means:
     • the spouse of any person who died of a service-connected disability,
     • the spouse of any member of the Armed Forces serving on active duty who, at the time of application for assistance under this chapter (38 USCS ,Sections 4101 et seq.), is listed, pursuant to section 556 of title 37 and regulations issued thereunder, by the Secretary concerned in one or more of the following categories and has been so listed for a total of more than ninety days: (i) missing in action, (ii) captured in line of duty by a hostile force, or (iii) forcibly detained or interned in line of duty by a foreign government or power, or
     • the spouse of any person who has a total disability permanent in nature resulting from a service-connected disability or the spouse of a veteran who died while a disability so evaluated was in existence.
  5. Non-Veterans

• What about referring applicants to private and temporary help agencies?

  Local One-Stop Career Centers should accept orders from and make referrals to private and temporary agencies provided there is a clear understanding that no fee or charge is to be made to the applicant for accepting employment. However, at the time of referral applicants should be informed if the job to which they are being referred is with a private or temporary agency. They should also be informed that no fees for placement, testing or other services are to be made to the applicant for accepting employment.

• When may I use a partial registration?

  Partial registrations may be used in the Employ Florida Marketplace (EFM) system for State of Florida referrals, mass recruitment’s (including veterans), summer youth activities, Jobs Central, internet referrals, other electronic referrals, and any situation when applicants would not benefit from the full application process.

• When would I need to complete a full registration for an applicant?

  A full registration should be taken for the following applicants:

  • Veterans. The term "eligible veteran" means a person who:
    • served on active duty for a period of more than 180 days and was discharged or released with other than a dishonorable discharge;
    • was discharged or released from active duty because of a service-connected disability; or
    • as a member of a reserve component under an order to active duty pursuant to section 12301(a), (d), or (g), 12302, or 12304 of title 10, served on active duty during a period of war or in a campaign or expedition for which a campaign badge is authorized and was discharged or released from such duty with other than a dishonorable discharge.
    • Minimum requirements for the completion of a veteran application should include:
    • The background wizard or resume should include the veteran's knowledge, skills, abilities, and other related information such as licenses or certifications, etc. that will enhance the placement of the veteran. Additional information such as the veteran's dates of military service, military branch, occupational specialty, disability information and work restrictions can be recorded on the applicant's registration under the General Information link on the Personal menu.
    • The "Vet/Elig" field requires an entry on the ODDS "A" screen.
    • Staff assisted Veteran registrations must be provided a supportive service and recorded on the activity service plan.
  • Migrant and Seasonal Farmworkers (MSFWs). Partial registration is permitted for M.S.F.W.'s only if after all the benefits of full registration have been explained, the applicant does not wish to file a full registration. All M.S.F.W.'s should be provided with the "Notice to Applicants", LES Form ES-511N. This should be documented on the activity service plan on the applicant's profile. The applicant’s registration should be completed to record MSFW information.
  • Claimants referred for mandatory registration
  • Trade Readjustment Act of 1974 (TRA) claimants

  Full registrations can also be taken for the following applicants:

  • Applicants who have skills in demand occupations where file search/job matching would likely benefit the applicant
  • Applicants who need assessment for special services such as counseling, job development or a referral to training
  • Applicants who are referred numerous times without success

  Other special applicant groups i.e., Welfare participants and Food Stamp Employment & Training applicants.

• What is employment counseling?

  Employment Counseling is the process whereby a counselor and customer(s) work together in group and/or individual activities in order that the customer may gain better self-understanding and knowledge of the world of work and more realistically choose, change, or adapt to a vocation.