Administrator, United States Employment Service (Administrator)
means the chief official of the United States Employment Service (USES)
or the Administrator's designee.
Affirmative action means positive, result-oriented action imposed on
or assumed by an employer pursuant to legislation, court order, consent
decree, directive of a fair employment practice authority, government
contract, grant or loan, or voluntary affirmative action plan adopted
pursuant to the Affirmative Action Guidelines of the Equal Employment
Opportunity Commission to provide equal employment opportunities for
members of a specified group which for reasons of past custom,
historical practice, or other nonoccupationally valid purposes has been
discouraged from entering certain occupational fields.
Agricultural worker means a worker, whose primary work experience
has been in farmwork in industries with a Standard Industrial
Classification (SIC) of 01-07, except 027, 074, 0752, and 078, whether
alien or citizen, who is legally allowed to work in the United States.
Applicant means a person who files an application for services with
a local office of a State agency, with outstationed staff or with an
outreach worker.
Application card means the basic local office record for an
applicant.
A Bona Fide Occupational Qualification (BFOQ) means that an
employment decision or request based on age, sex, national origin or
religion is based on a finding that such characteristic is necessary to
the individual's ability to perform the job in question. Since a BFOQ is
an exception to the general prohibition against discrimination on the
basis of age, sex, national origin or religion, it must be interpreted
narrowly in accordance with the Equal Employment Opportunity Commission
regulations set forth at 29 CFR parts 1604, 1605 and 1627.
Clearance means activities in the placement process involving joint
action of local offices in different labor market areas and/or States in
the location, selection and the job referral of an applicant.
Complaint means a representation made or referred to a State or
local JS office of a violation of the JS regulations and/or other
federal, State or local employment related law.
Complainant means the individual, employer, organization,
association, or other entity filing a complaint.
Day-haul means the assembly of workers at a pick-up point waiting to
be employed, transportation of them to farm employment, and the return
of the workers to the pick-up point on the same day. For the purposes of
this definition ``day-haul'' shall exclude transportation and return of
workers employed under regularly scheduled job orders such as corn
detasseling jobs for youth.
Decertification means the rescission by the Secretary of the year
end certification made under Section 7 of the Wagner-Peyser Act to the
Secretary of the Treasury that the State agency may receive funds
authorized by the Wagner-Peyser Act.
Dictionary of Occupational Titles (DOT) means the Dictionary of
Occupational Titles, the reference work published by the USES which
contains brief, non-technical definitions of U.S. job titles,
distinguishing number codes, and worker trait data.
DOL means the Department of Labor.
D.O.T. means the Dictionary of Occupational Titles, the reference
work published by the USES which contains brief, non-technical
definitions of U.S. job titles, distinguishing number codes, and worker
trait data.
Employment and Training Administration (ETA) means the component of
the Department of Labor containing the United States Employment Service
(USES).
Employer means a person, firm, corporation or other association or
organization (1) which currently has a location within the United States
to which U.S. workers may be referred for employment, and which proposes
to employ a worker at a place within the United States and (2) which has
an employer relationship with respect to employees under this subpart as
indicated by the fact that it hires, pays, fires, supervises and
otherwise controls the work of such employee. An association of
employers shall be considered an employer if it has all of the indicia
of an employer set forth in this definition. Such an association,
however, shall be considered as a joint employer with the employer
member if either shares in exercising one or more of the definitional
indicia.
Establishment means a public or private economic employing unit
generally at a single physical location which produces and/or sells
goods or services, for example, a mine, factory, store, farm orchard or
ranch. It is usually engaged in one, or predominantly one, type of
commerical or governmental activity. Each branch or subsidiary unit of a
large employer in a geographical area or community should be considered
an individual establishment, except that all such units in the same
physical location shall be considered a single establishment. A
component of an establishment which may not be located in the same
physical structure (such as the warehouse of a department store) should
also be considered as part of the parent establishment. For the purpose
of the ``seasonal farmworker'' definition, farm labor contractors and
crew leaders are not considered establishments; it is the organizations
to which they supply the workers that are the establishments.
Farmwork means work performed for wages in agricultural production
or agricultural services in establishments included in industries 01--
Agricultural Production-Crops; 02--Agricultural Production-Livestock
excluding 027--Animal Specialties; 07--Agricultural Services excluding
074--Veterinary Services, 0752--Animal Speciality Services, and 078--
Landscape and Horticultural Services, as defined in the most recent
edition of the Standard Industrial Classification (SIC) Code
definitions.
Farmworker, see Agricultural worker.
Full application means an application for an applicant who has
participated in an application interview and which includes the
applicant's personal characteristics, work history and an occupational
classification and DOT code.
Hearing Officer means a Department of Labor Administrative Law
Judge, designated to preside at DOL administrative hearings.
Identification card (applicant identification card) means a card
given to the applicant on which are recorded identifying information and
the dates of the applicant's visits to the local employment office.
Intrastate job order means a job order describing one or more hard-
to-fill job openings, which a local office uses to request recruitment
assistance from other local offices within the State.
JS regulations means the Federal regulations at 20 CFR parts 601-
604, 620, 621, and 651-658, and at 29 CFR parts 8, 26, and 75.
Job bank means a computer assisted system which provides listings of
current job openings in the area, on a regular basis, for distribution
to JS and
WIN offices and to cooperating agencies.
Job development means the process of securing a job interview with a
public or private employer for a specific applicant for whom the local
office has no suitable opening on file.
Job information means information derived from data compiled in the
normal course of employment service activities from reports, job orders,
applications and the like.
Job opening means a single job opportunity for which the local
office has on file a request to select and refer on applicant or
applicants.
Job Information Service (JIS) means a unit or an area within a JS
local office where applicants primarily, on a self-service basis or with
minimum professional help, can obtain specific and general information
on where and how to get a job.
Job referral means (1) the act of bringing to the attention of an
employer an applicant or group of applicants who are available for
specific job openings and (2) the record of such referral. ``Job
referral'' means the same as ``referral to a job.''
Job Service (JS) means the nationwide system of public employment
offices, funded through the United States Employment Service (USES) as
grantee State agencies, and the various offices of the State agencies.
Labor market area means a geographic area consisting of a central
city (or cities) and the surrounding territory within a reasonable
commuting distance.
Labor Market Information (LMI) means that body of knowledge
pertaining to the socio-economic forces influencing the employment
process in specific labor market areas. These forces, which affect labor
demand-supply relationships and define the content of the LMI program,
include population and growth charcteristics, trends in industrial and
occupational structure, technological developments, shifts in consumer
demands, unionization, trade disputes, retirement practices, wage
levels, conditions of employment, training opportunities, job vacancies,
and job search information.
Local office manager means the JS official in charge of all JS
activities in a local office of a State agency.
LMI means labor market information.
Migrant farmworker is a seasonal farmworker who had to travel to do
the farmwork so that he/she was unable to return to his/her permanent
residence within the same day. Full-time students traveling in organized
groups rather than with their families are excluded.
Migrant food processing worker means a person who during the
preceding 12 months has worked at least an aggregate of 25 or more days
or parts of days in which some work was performed in food processing (as
classified in the 1972 Standard Industrial Classification (SIC)
definitions 201, 2033, 2035, and 2037 for food processing
establishments), earned at least half of his/her earned income from
processing work and was not employed in food processing year round by
the same employer, provided that the food processing required travel
such that the worker was unable to return to his/her permanent residence
in the same day. Migrant food processing workers who are full-time
students but who travel in organized groups rather than with their
families are excluded.
MSFW means a migrant farmworker, a migrant food processing worker,
or a seasonal farmworker.
Partial application means the application of an applicant who has
not participated in an application interview and which does not include
an occupational classification of DOT code. Partial applications
prepared for Migrants and Seasonal Farmworkers must include a signed
waiver for full services at that time in accordance with 20 CFR 653.103.
Placement means 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:
(a) Prepared a job order form prior to referral, except in the case
of a job development contact on behalf of a specific applicant;
(b) Made prior arrangements with the employer for the referral of an
individual or individuals;
(c) Referred an individual who had not been specifically designated
by the employer, except for referrals on agricultural job orders for a
specific crew leader or worker;
(d) Verified from a reliable source, preferably the employer, that
the individual had entered on a job; and
(e) Appropriately recorded the placement.
Program Budget Plan (PBP) means the annual planning document for the
SESA required by Sec. 8 of the Wagner-Peyser Act containing the SESA's
detailed planning, programming and budget for carrying out employment
security activities. For the purpose of JS regulations, this definition
shall be restricted to the employment service portion of the PBP.
Public housing means housing operated by or on behalf of any public
agency.
RA; see Regional Administrator.
Regional Administrator, Employment and Training Administration (RA)
means the chief DOL Employment and Training Administration (ETA)
official in each DOL regional office.
Respondent means the employer or State agency (including a State
agency official) who is alleged to have committed the violation
described in a complaint.
Rural area means an area which is not included in the urban area of
a Standard Metropolitan Statistical Area and which has a population of
less than 10,000.
Seasonal farmworker means a person who during the preceding 12
months worked at least an aggregate of 25 or more days or parts of days
in which some work was performed in farmwork, earned at least half of
his/her earned income from farmwork, and was not employed in farmwork
year round by the same employer. For the purposes of this definition
only, a farm labor contractor is not considered an employer. Non-migrant
individuals who are full-time students are excluded.
Secretary means the Secretary of the U.S. Department of Labor or the
Secretary's designee.
SESA; see State Employment Service Agency.
Significant MSFW States shall be those States designated annually by
ETA and shall include the twenty (20) States with the highest number of
MSFW applicants.
Significant MSFW local offices shall be those designated annually by
ETA and include those local offices where MSFWs account for 10% or more
of annual applicants and those local offices which the Administrator
determines should be included due to special circumstances such as an
estimated large number of MSFWs in the local office service area. In no
event shall the number of significant MSFW local offices be less than
100 offices on a nationwide basis.
Significant bilingual MSFW local offices shall be those designated
annually by ETA and include those significant MSFW offices where 10% or
more of MSFW applicants are estimated to require service provisions in
Spanish unless the Administrator determines other local offices also
should be included due to special circumstances.
Solicitor means the chief legal officer of the U.S. Department of
Labor or the Solicitor's designee.
Standard Metropolitan Statistical Area (SMSA) means a metropolitan
area designated by the Bureau of Census which contains (1) at least one
city of 50,000 inhabitants or more, or (2) twin cities with a combined
population of at least 50,000.
State shall include the fifty States, the District of Columbia,
Guam, Puerto Rico, and the Virgin Islands.
State Administrator means the chief official of the State Employment
Security Agency (SESA).
State agency means the State job service agency designated under
section 4 of the Wagner-Peyser Act to cooperate with the USES in the
operation of the job service system.
State Employment Security Agency (SESA) means the State agency
which, under the State Administrator, contains both the State Employment
service agency (State agency) and the State unemployment compensation
agency.
State hearing official means a State official designated to preside
at State
administrative hearings convened to resolve JS-related complaints
pursuant to subpart E of part 658 of this chapter.
Supportive services means services other than employment or training
that are needed to enable individuals to obtain or retain employment, or
to participate in employment and training programs.
Tests means a standardized method of measuring an individual's
possession of, interest in, or ability to acquire, job skills and
knowledge. Use of tests by employment service staff must be in
accordance with the provisions of:
(1) 41 CFR part 60-3, Uniform Guidelines on Employee Selection
Procedures;
(2) 29 CFR part 1627, Records To Be Made or Kept Relating to Age;
Notices To Be Posted; Administrative Exemptions; and
(3) The Department of Labor's regulations on Nondiscrimination on
the Basis of Handicap in Programs and Activities Receiving or Benefiting
from Federal Financial Assistance, which have been published as 29 CFR
part 32 at 45 FR 66706 (Oct. 7, 1980).
Training means a planned, systematic sequence of instruction or
other learning experience on an individual or group basis under
competent supervision, which is designed to impart skills, knowledge, or
abilities to prepare individuals for employment.
Transaction means a single ES activity performed on behalf of an
individual seeking assistance and/or the result of such an activity,
e.g., applicant registration referral to a job, referral to a supportive
service, counseling interview, testing, job development, job placement,
enrollment in training, and inactivation of an applicant registration.
United States Employment Service (USES) means the component of the
Employment and Training Administration of DOL which was established
under the Wagner-Peyser Act of 1933 to promote and develop a national
system of public job service offices.
Vocational Plan means a plan developed jointly by a counselor or
counselor trainee and the applicant which describes: (1) The applicant's
short-range and long-range occupational goals and (2) the actions to be
taken to place the plan into effect.
Work Incentive Program (WIN) means the employment and training
program under part C of title IV of the Social Security Act,
administered by a State agency (such as the State employment service) or
another public or nonprofit private agency.
(Wagner-Peyser Act of 1933, as amended, 29 U.S.C. 49 et seq.; 5 U.S.C.
301; and 38 U.S.C. chapters 41 and 42)
[45 FR 39457, June 10, 1980. Redesignated and amended at 7767 and 7768,
Jan. 23, 1981]
