Florida Administrative Code › 73 - DEPARTMENT OF COMMERCE › 73B - Division of Workforce Services › Chapter 73B-1 - WORKFORCE SERVICES; WORKFORCE PROGRAMS' GRIEVANCE, COMPLAINT, HEARING AND APPEAL PROCEDURES › Section 73B-1.014 - Regional Workforce Board/Career Center and Migrant and Seasonal Farm Workers Complaint and Resolution Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Complaints related to Wagner Peyser (WP) and Migrant and Seasonal Farm Workers
				(MSFW) are handled by the Career Center Manager/Complaint Specialist. The
				Manager/Complaint Specialist will maintain a separate file for each complaint
				and enter the complaint on the Complaint Log. The local Regional Workforce
				Board (RWB) will attempt to resolve all WP and MSFW related
				complaints.
(2) The complaint is
				resolved when the complainant is satisfied with the outcome; the complainant
				chooses not to elevate the complaint to the next level; or when the complainant
				has not responded within twenty (20) business days after correspondence has
				been mailed for WP complaints and within forty (40) business days for MSFW
				complaints.
(3) If resolution has
				not been achieved to the satisfaction of the complainant within 15 working days
				after receipt of the complaint, or 5 working days with respect to complaints
				filed by or on behalf of MSFWs, then the complaint and associated file
				documents shall be forwarded to the Agency Clerk, Department of Economic
				Opportunity, Office of General Counsel, 107 E. Madison Street, MSC #110,
				Tallahassee, Florida 32399-4128. However, if the Career Center
				Manager/Complaint Specialist for the local RWB has made a written request for
				information related to the complaint then these time periods shall not apply
				until the complainant's response is received.
(4) Within five (5) business days after the
				end of the quarter, the local Career Center Manager will mail the Complaint
				Logs to the Senior Monitor Advocate at the address included above.
(5) MSFW complaints involving an allegation
				of noncompliance with assurances regarding wage and hour law or other
				employment conditions are to be forwarded to the nearest USDOL Wage and Hour
				office. The local USDOL office nearest you may be found at the USDOL web site:
http://www.dol.gov/whd/america2.htm
.
(6) For MSFW violations of Occupational
				Safety and Health Administration (OSHA) Directives, complaints should be
				forwarded to USDOL, Occupational Safety and Health Administration, at the
				address shown in rule
				 73B-1.017, F.A.C.
(7) As identified in
				20 CFR
				658.501(a), any of the
				following is a basis for discontinuation of services to employers:
(a) Employer submits and refuses to alter or
				withdraw job orders containing specifications which are contrary to employment
				related laws;
(b) Employer submits
				job order and refuses to provide assurances that the jobs offered are in
				compliance with employment related laws, or to withdraw such job
				orders;
(c) Employer is found
				through field checks or otherwise to have either misrepresented the terms or
				conditions of employment specified on the job order or failed to comply fully
				with assurances made on the job orders;
(d) The Career Center is notified by an
				enforcement agency that a final determination has found that the employer has
				violated an employment related law and notificaton of this final determination
				has been provided to the Career Center by that enforcement agency;
(e) Employer, following investigation of
				complaint, is found to have violated Wagner Peyser regulations pursuant to  20
				CFR 658.416(d)(4);
(f) Employer
				refuses to accept qualified workers referred through the clearance
				system;
(g) Employer refuses to
				cooperate in field checks conducted pursuant to
				20 CFR
				653.503; or
(h) Employer repeatedly causes
				discontinuation of services proceedings to be
				initiated.