The following pertains to the Work-Flex Regulations
Sec. 661.430 Under what conditions may the Governor submit a Workforce Flexibility Plan?
(a) A State may submit to the Secretary, and the Secretary may
approve, a workforce flexibility (work-flex) plan under which the State is authorized to waive, in accordance with the plan:
(1) Any of the statutory or regulatory requirements under title I
of WIA applicable to local areas, if the local area requests the waiver in a waiver application, except for:
(i) Requirements relating to the basic purposes of title I of WIA;
(ii) Wage and labor standards;
(iii) Grievance procedures and judicial review;
(iv) Nondiscrimination;
(v) Eligibility of participants;
(vi) Allocation of funds to local areas;
(vii) Establishment and functions of local areas and local boards;
(viii) Review and approval of local plans;
(ix) Worker rights, participation, and protection; and
(x) Any of the statutory provisions essential to the key reform
principles
embodied in the Workforce Investment Act, described in Sec. 661.400.
(2) Any of the statutory or regulatory requirements applicable to the State under section 8 through 10 of the Wagner-Peyser Act (29 U.S.C. 49g-49i), except for requirements relating to:
(i) The provision of services to unemployment insurance claimants
and veterans; and
(ii) Universal access to basic labor exchange services without cost
to job seekers; and
(3) Any of the statutory or regulatory requirements under the Older
Americans Act of 1965 (OAA) (42 U.S.C. 3001 et seq.), applicable to
State agencies on aging with respect to activities carried out using
funds allotted under OAA section 506(a)(3) (42 U.S.C. 3056d(a)(3)),
except for requirements relating to:
(i) The basic purposes of OAA;
(ii) Wage and labor standards;
(iii) Eligibility of participants in the activities; and
(iv) Standards for agreements.
(b) A State's workforce flexibility plan may accompany the State's five-year Strategic Plan or may be submitted separately. If it is submitted separately, the workforce flexibility plan must identify
related provisions in the State's five-year Strategic Plan.
(c) A workforce flexibility plan submitted under paragraph (a) of
this section must include descriptions of:
(1) The process by which local areas in the State may submit and
obtain State approval of applications for waivers;
(2) The statutory and regulatory requirements of title I of WIA
that are likely to be waived by the State under the workforce
flexibility plan;
(3) The statutory and regulatory requirements of sections 8 through
10 of the Wagner-Peyser Act that are proposed for waiver, if any;
(4) The statutory and regulatory requirements of the Older
Americans Act of 1965 that are proposed for waiver, if any;
(5) The outcomes to be achieved by the waivers described in
paragraphs (c)(1) to (4) of this section including, where appropriate,
revisions to adjusted levels of performance included in the State or
local plan under title I of WIA; and
(6) The measures to be taken to ensure appropriate accountability for Federal funds in connection with the waivers.
(d) The Secretary may approve a workforce flexibility plan for a
period of up to five years.
(e) Before submitting a workforce flexibility plan to the Secretary
for approval, the State must provide adequate notice and a reasonable
opportunity for comment on the proposed waiver requests under the
workforce flexibility plan to all interested parties and to the general public.
(f) The Secretary will issue guidelines under which States may
request designation as a work-flex State.
Sec. 661.440 What limitations apply to the State's Workforce
Flexibility Plan authority under WIA?
(a)(1) Under work-flex waiver authority a State must not waive the WIA, Wagner-Peyser or Older Americans Act requirements which are
excepted from the work-flex waiver authority and described in
Sec. 661.430(a).
(2) Requests to waive statutory and regulatory requirements of
title I of WIA applicable at the State level may not be granted under
work-flex waiver authority granted to a State. Such requests may only be granted by the Secretary under the general waiver authority described at Secs. 661.410 through 661.420.
(b) As required in Sec. 661.430(c)(5), States must address the outcomes to result from work-flex waivers as part of its workforce
flexibility plan. Once approved, a State's work-flex designation is
conditioned on the State demonstrating it has met the agreed-upon
outcomes contained in its workforce flexibility plan.
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Created: February 28, 2006
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