[Code of Federal Regulations] [Title 20, Volume 3] [Revised as of April 1, 2002] From the U.S. Government Printing Office via GPO Access [CITE: 20CFR651.10] [Page 416-420] TITLE 20--EMPLOYEES' BENEFITS CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR PART 651--GENERAL PROVISIONS GOVERNING THE FEDERAL-STATE EMPLOYMENT SERVICE SYSTEM--Table of Contents Sec. 651.10 Definitions of terms used in parts 651-658. 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. [[Page 417]] 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 [[Page 418]] 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; [[Page 419]] (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 [[Page 420]] 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]