Fla. Admin. Code Ann. R. 73B-1.013 - Complaint Procedures Related to Wagner-Peyser Job Service Activities
(1) Background and
Underlying State and Federal Policy. Federal regulations at 20 CFR Part 658 ,
Subpart E, provide that each state shall establish and maintain a job service
complaint system, which includes procedures at the local, State and Federal
levels.
(2) As provided in 29 CFR
Part 34 , Wagner-Peyser participants have the right to file discrimination
complaints against the Department of Economic Opportunity (DEO) or its
employees or complaints alleging discrimination by an employer, as follows:
(a) Complaints involving an employer in
another state or another state agency;
(b) Complaints involving more than one
office, another One-Stop Center, or statewide system;
(c) Complaints involving the violation of the
Job Service Regulations by an office or One-Stop Center;
(d) Complaints involving the violation of an
employment related law by an employer; and,
(e) Complaints involving a violation of the
terms and conditions of a job order by an employer.
(3) Complaints filed by Migrant and Seasonal
Farm Workers (MSFWs). The RWB shall attempt to resolve the MSFW complaint. If
the MSFW complaint cannot be resolved within five (5) working days of receipt
of complaint by the RWB, the complaint form and copies of all documents in the
complaint file shall be forwarded to the Senior Monitor Advocate, 107 E.
Madison Street, MSC #G-229, Tallahassee, Florida 32399-4137, with a copy to the
Agency Clerk, Department of Economic Opportunity, Office of the General
Counsel, 107 E. Madison Street, MSC #110, Tallahassee, Florida
32399-4128.
(4) As required by 20
CFR Section 658.514, non-job service related complaints including employment,
discrimination, and health and safety shall be forwarded as soon as possible
after being received at the local level. These complaints shall be sent to:
Department of Economic Opportunity, Office of General Counsel, 107 E. Madison
Street, MSC #110, Tallahassee, Florida 32399-4128 or to the appropriate federal
agency with a copy of the complaint sent to DEO Office of General Counsel. Rule
73B-1.017,
F.A.C., contains a list of workforce related federal agencies and
addresses.
(5) Job-service (JS)
complaints as defined in 20 CFR 658.401 are:
(i) Complaints against an employer about the
specific job to which the applicant was referred by the JS involving violations
of the terms and conditions of the job order or employment-related law
(employer-related complaint); and
(ii) complaints about Job Service actions or
omissions under JS regulations (agency-related complaints). All other
complaints are non-job service complaints. JS complaint procedures are not
applicable to complaints related to the Unemployment Compensation program.
Complaints alleging violations of the Unemployment Compensation program are to
be processed as required by laws and regulations related to the Unemployment
Compensation program.
(6) The original JS complaint must be filed
within one year of the alleged occurrence.
Notes
Rulemaking Authority 20.60, 445.004 FS. Law Implemented 120.54(6), 445.023, 445.025, 445.028, 445.029, 445.030, 445.031, 445.032 FS.
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