A-101: Code of Federal Regulations, Part 652

The Code of Federal Regulations (CFR), Title 20, Chapter V, Part 652 (Establishment and Functioning of State Employment Services) requires that, at a minimum, each state administer a labor exchange (job matching) system that has the capacity to:

  • Assist job seekers in finding employment
  • Assist employers in filling job openings
  • Facilitate the match between job seekers and employers
  • Participate in a system for clearing labor between the states, including the use of standardized classification systems issued by the Secretary of Labor
  • Meet the work test requirements of the state unemployment compensation system

The entire text of 20 CFR, Chapter V, Part 652 is available on the U.S. Department of Labor (DOL) website.

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A-102: Interstate Clearance of Job Postings

Interstate clearance of job postings ensures that job seekers and employers in multistate labor areas have full access to job opportunities and the available labor pool, respectively, without regard to state boundaries.  This is primarily directed at and particularly helpful to agricultural employers and laborers.

When an out-of-state employer wishes to post an out-of-state job in WorkInTexas.com, Local Workforce Development Boards (Boards) must ensure that Workforce Solutions office staff direct the employer to the Employment Service (ES) agency in the employer’s home state.  If the employer wishes to post farm work or food processing jobs—regardless of the state in which the employer operates—Boards must ensure that Workforce Solutions office staff direct the employer to the Texas Workforce Commission’s (TWC) Agricultural Services Unit.

To find an ES office in a particular state, go to America’s Service Locator and enter the zip code or other location information.

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A-103: Nondiscrimination

20 CFR §652.8(j)(1) requires, in part, that:

No individual be excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in the administration of or in connection with any services or activities authorized under the [Wagner-Peyser] Act because of age, race, sex, color, religion, national origin, handicap [disability], political affiliation or belief.

Section 652.8(j)(2) requires, in part, that discriminatory job postings must not be accepted, except where the stated requirement is a bona fide occupational qualification (BFOQ). (See also B-305.f: Job Postings with a Bona Fide Occupational Qualification.)

Boards must ensure that job postings comply with all applicable federal and state laws, such as the Fair Labor Standards Act, the Texas Child Labor Law and the Texas Payday Law. For additional information, see the following:

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A-104: Employment Service Complaints

The two types of ES complaints are:

  • Those involving an employer where potential illegal hiring activities or practices are taking place; these complaints are regarding a specific job to which the job seeker self-referred or was referred by Workforce Solutions office staff and include:
  • Those related to the type and quality of services provided by a Workforce Solutions office, including complaints submitted to TWC regarding staff actions or omissions under ES regulations

(See also E-101: Complaint Procedures)

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A-105: Affirmative Action

Affirmative action refers to actions imposed on or assumed by an employer to provide equal employment opportunities for members of a specified group who, for reasons of past custom, historical practice, or other non-occupationally valid purposes, have been discouraged from entering certain occupational fields (see 20 CFR §651.10).

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A-106: Labor Disputes

During a labor dispute, such as a strike or employee lockout, no job posting will be accepted and no job referral will be made directly or indirectly to fill a job opening that is at issue in the labor dispute.  (For additional information, see C-408: Labor Disputes.)

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A-107: Unemployment Insurance Work Test

Workers who lose their jobs through no fault of their own may be eligible for unemployment benefits, which are funded by a state employer tax or direct reimbursements by certain employers. To comply with the work test requirements, an unemployment insurance (UI) claimant must be able and available to accept suitable work and must be actively seeking full-time work if required to do so.

The TWC Unemployment Insurance Division determines if a job is suitable based on:

  • UI claimant’s experience, qualifications and training
  • Working conditions and pay for similar work in the claimant’s local workforce development area (workforce area)
  • Any risks to claimant’s health, safety or morals
  • Distance to work from the claimant’s home with consideration of local commuting patterns
  • How long claimant has been unemployed

During UI claimants’ first eight weeks of unemployment, claimants must be willing to accept a suitable job that pays at least 90 percent of their normal wage. After claimants have been unemployed for eight weeks, claimants must be willing to accept a suitable job that pays at least 75 percent of their normal wage.

Boards must ensure that when Workforce Solutions office staff become aware that a UI claimant has failed to comply with the work test, staff report the failure to the local Workforce/Unemployment Insurance (WF/UI) coordinator, who in turn reports the issue to the state WF/UI coordinator.

For additional information, see:

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A-108: Veterans Priority

Serving veterans is the responsibility of all Workforce Solutions office staff.

To reinforce the federal priority of service provisions under the Jobs for Veterans Act of 2002, and to implement state priority of service provisions, Boards must ensure that eligible veterans, who are entitled to receive priority over all other equally eligible individuals in the receipt of workforce services, are:

  • Identified as an eligible veteran at the point of entry
  • Informed of their entitlement to priority of service
  • Provided priority of service in all programs or services that are funded in whole or in part by DOL

For additional information, see the following:

  • Title 38 United States Code (USC) §4215
  • 20 CFR Part 1010, Priority of Service for Covered Persons
  • Training and Employment Guidance Letter No. 10-09, issued November 10, 2009, entitled Implementing Priority of Service for Veterans and Eligible Spouses in all Qualified Job Training Programs Funded in whole or in part by the U.S. Department of Labor (DOL)
  • Texas Labor Code §302.014
  • Texas Family Code, Chapter 264
  • WD Letter 35-11PDF, issued November 3, 2011, entitled Priority of Service for Eligible Veterans—Update, and subsequent updates

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A-109: Services to Persons with Disabilities

The Wagner-Peyser Act and the Americans with Disabilities Act (ADA) provide for voluntary disclosure of disabilities.  ADA also requires that reasonable accommodations be provided upon request to job seekers seeking Workforce Solutions office services. For additional information on providing reasonable accommodations, see the following:

  • WD Letter 24-01PDF, issued June 22, 2001, entitled Prohibition Against Discrimination Based on Disability or Limited English Proficiency in the Administration of Workforce Services
  • WD Letter 42-00PDF, issued May 16, 2000, entitled Accessibility at Texas Workforce Centers for Individuals with Disabilities

Boards must ensure that Workforce Solutions office staff do not disclose information to potential employers about a job seeker’s disability without prior approval from the job seeker.

To ensure accessibility for deaf, hard-of-hearing, or speech-disabled individuals, the use of relay services for communication is sometimes required.  For a list of relay services and providers, see TA Bulletin 225PDF, issued July 9, 2010, entitled Customers Requiring Relay Services, and subsequent updates.

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A-110: Equality of Service to Migrant & Seasonal Farmworkers

Boards must ensure that migrant and seasonal farmworkers (MSFWs) receive services that are qualitatively equivalent and quantitatively proportionate to services provided to non-MSFWs.

For additional information on MSFWs, see:

 

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A-111: Open Records

Boards must be aware that all general ES program information—for example, performance measures, budget, and strategic planning—is public information.  However, information identifying any individual or past or present employer or employing unit, and information that could be combined with other publicly available information to reveal information identifying any individual or past or present employer or employing unit, is confidential under Texas Labor Code §301.085 and can be disclosed only for the purpose of job matching.  Unemployment compensation information (including wage records) and job matching services information is not public information for purposes of the Public Information Act.

Boards must be aware that unauthorized release of confidential unemployment compensation and job matching services information is a Class A misdemeanor.

See TWC’s Job Matching Services rule §843.1 and TWC’s Unemployment Insurance rule §§815.161–168 for more information on confidentiality and disclosure of confidential information.

Boards must comply with the responsibilities and requirements set forth in the Open Meetings and Public Information Acts, and in WD Letter 80-05, Change 1PDF, issued March 19, 2008, entitled Senate Bill 286: Open Meetings and Public Information Training Requirements for Elected and Appointed Public Officials and Board Responsibilities under the Open Meetings Act and Public Information Act, and subsequent updates.

For additional information on requests for wage records and other information, see E-301: Requests for Information.

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A-112: Financial Literacy

Texas Labor Code §302.0027 requires that TWC and the Boards ensure that all workforce development programs offered in the state include training in financial literacy.

For additional information, see:

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A-113: Professional Standards

To avoid any appearance of impropriety, Boards must ensure that Workforce Solutions office staff are prohibited from accomplishing any of the following tasks without first obtaining management permission:

  • Completing, updating, or keying in a job seeker account for themselves, a coworker, a relative or a friend using their WorkInTexas.com staff logon
  • Referring themselves, a coworker, a relative or a friend to a job posting using their WorkInTexas.com staff logon.

Note: If the service provided is a referral to a job, Boards must ensure that management approval is documented on the WorkInTexas.com Job Posting Notes page.

Additionally, Boards must ensure that Workforce Solutions office staff do not make inquiries in the UI Tax or UI Benefits systems for themselves, a coworker, a relative or a friend.

If a conflict occurs or the appearance of impropriety emerges, Boards must ensure that Workforce Solutions office staff immediately report the incident to their supervisor.

Boards also must ensure that Workforce Solutions office staff:

  • Do not access or monitor any records except those that are absolutely necessary to complete assigned job duties
  • Are aware that certain information is of a personal nature, is sensitive and confidential under law, and will be disclosed only in compliance with Texas Labor Code §301.085, TWC guidelines and the Public Information Act

For additional information, see:

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