Employment and Training Administration February 2023 – Federal Register Recent Federal Regulation Documents
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Adverse Effect Wage Rate Methodology for the Temporary Employment of H-2A Nonimmigrants in Non-Range Occupations in the United States
The Department of Labor (Department or DOL) is amending its regulations governing the certification of agricultural labor or services to be performed by temporary foreign workers in H-2A nonimmigrant status (H-2A workers). Specifically, the Department is revising the methodology by which it determines the hourly Adverse Effect Wage Rates (AEWRs) for non-range occupations (i.e., all occupations other than herding and production of livestock on the range) using a combination of wage data reported by the U.S. Department of Agriculture's (USDA) Farm Labor Reports (better known as the Farm Labor Survey, or FLS), and the Department's Bureau of Labor Statistics (BLS) Occupational Employment and Wage Statistics (OEWS) survey, formerly the Occupational Employment Statistics (OES) survey prior to March 31, 2021. For the vast majority of H-2A job opportunities represented by the six Standard Occupational Classification (SOC) codes comprising the field and livestock worker (combined) wages reported by USDA, the Department will continue to rely on the FLS to establish the AEWRs where a wage is reported by the FLS. For all other SOC codes, the Department will use the OEWS survey to establish the AEWRs for each SOC code. Additionally, in circumstances in which the FLS does not report a wage for the field and livestock workers (combined) occupational group in a particular State or region, the Department will use the OEWS survey to determine the AEWR for that occupational group. These regulatory changes are consistent with the Secretary of Labor's (Secretary) statutory responsibility to certify that the employment of H-2A workers will not adversely affect the wages and working conditions of workers in the United States similarly employed. The Department believes this methodology strikes a reasonable balance between the statute's competing goals of providing employers with an adequate supply of legal agricultural labor and protecting the wages and working conditions of workers in the United States similarly employed.
Work Opportunity Tax Credit, Request for Comments Regarding Proposed Modifications to Procedural Guidance and Administrative Formula
The Employment and Training Administration (ETA) is proposing to reissue its Work Opportunity Tax Credit (WOTC) procedural guidance through a Change 1 to Training and Employment Guidance Letter (TEGL) No. 16-20, with some modifications; and modify its WOTC administrative formula for state allotments. ETA is also soliciting broader comments regarding potential improvements to WOTC, including policy and procedural guidance modifications. ETA's current procedural guidance for WOTC is available in TEGL 16-20, Work Opportunity Tax Credit Procedural Guidance, accessible at: https://wdr.doleta.gov/directives/ corr_doc.cfm?DOCN=8395. The administrative formula for WOTC is available in TEGL 03-21, Work Opportunity Tax Credit (WOTC) Initial Funding Allotments for Fiscal Year 2022, accessible at: https:// wdr.doleta.gov/directives/corr_doc.cfm?DOCN=3188. This Notice solicits comments regarding these proposed changes.
Final Finding of No Significant Impact, Gary Job Corps Center Proposed Disposal and Reuse
The Department of Labor's (DOL) Employment and Training Administration, pursuant to the Council on Environmental Quality Regulations) implementing procedural provisions of the National Environmental Policy Act (NEPA), gives final notice of the proposed disposal of two tracts at the Gary Job Corps Center totaling 244.91 acres and that this project will not have a significant adverse impact on the environment.
Agency Information Collection Activities; Comment Request; Student Experiences Assessment (SEA) of Job Corps Centers
The Department of Labor's (DOL or Department) Employment and Training Administration (ETA) is soliciting comments concerning a proposed extension for the authority to conduct the information collection request (ICR) titled, ``Student Experiences Assessment (SEA) of Job Corps Centers.'' This comment request is part of continuing Departmental efforts to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995 (PRA).
Agency Information Collection Activities; Comment Request; Job Corps Health Questionnaire
The Department of Labor's (DOL or Department) Employment and Training Administration (ETA) is soliciting comments concerning a proposed extension for the authority to conduct the information collection request (ICR) titled, ``Job Corps Health Questionnaire.'' This comment request is part of continuing Departmental efforts to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995 (PRA).
Agency Information Collection Activities; Comment Request; Benefit Appeals Report
The Department of Labor's (DOL's) Employment and Training Administration (ETA) is soliciting comments concerning a proposed extension for the authority to conduct the information collection request (ICR) titled, ``Benefit Appeals Report.'' This comment request is part of continuing Departmental efforts to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995 (PRA).
Agency Information Collection Activities; Comment Request; Job Corps Enrollee Allotment Determination
The Department of Labor's (DOL or Department) Employment and Training Administration (ETA) is soliciting comments concerning a proposed extension for the authority to conduct the information collection request (ICR) titled, ``Job Corps Enrollee Allotment Determination.'' This comment request is part of continuing Departmental efforts to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995 (PRA).
Labor Certification Process for the Temporary Employment of H-2A and H-2B Foreign Workers in the United States: Annual Update to Allowable Monetary Charges for Agricultural Workers' Meals and for Travel Subsistence Reimbursement, Including Lodging
The Employment and Training Administration (ETA) of the Department of Labor (DOL) is issuing this notice to announce the annual updates to allowable monetary charges employers of H-2A workers, in occupations other than herding or production of livestock on the range, may charge any workers who reside in employer-provided housing when the employer provides three meals per day. This notice also announces the maximum travel subsistence meal reimbursement a worker with receipts may claim under the H-2A and H-2B programs. Finally, this notice includes a reminder regarding employers' obligations with respect to overnight lodging costs as part of required subsistence.
Federal-State Unemployment Compensation Program: Notice of Federal Agency With Adequate Safeguards To Satisfy the Confidentiality Requirement of the Social Security Act (SSA)
As further discussed below, the Department of Labor (Department) and United States Postal Service (USPS), working with states, plan to provide an in-person option for conducting the identity verification states perform in administering Unemployment Insurance (UI) benefits (the ``Project''). In this notice, the Department recognizes that for purposes of conducting in-person identity verification in connection with UI benefits, pursuant to a signed Interagency Agreement (``IAA'') with the Department, the USPS has in place safeguards adequate to satisfy the requirements of section 303(a)(1), SSA. As a result, including the safeguards and security requirements, do not apply to disclosures of confidential unemployment compensation (UC) information by state UC agencies to the Department, for redisclosure to USPS, for the limited purposes set forth herein.
Agency Information Collection Activities; Comment Request; Student Safety Assessment (SSA) of Job Corps Centers
The Department of Labor's (DOL or Department) Employment and Training Administration (ETA) is soliciting comments concerning a proposed extension for the authority to conduct the information collection request (ICR) titled, ``Student Safety Assessment (SSA) of Job Corps Centers.'' This comment request is part of continuing Departmental efforts to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995 (PRA).
Agency Information Collection Activities; Comment Request; Job Corps Placement and Assistance Record
The Department of Labor's (DOL or Department) Employment and Training Administration (ETA) is soliciting comments concerning a proposed extension for the authority to conduct the information collection request (ICR) titled, ``Job Corps Placement and Assistance Record.'' This comment request is part of continuing Departmental efforts to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995 (PRA).
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