Employment and Training Administration April 2015 – Federal Register Recent Federal Regulation Documents

Temporary Non-Agricultural Employment of H-2B Aliens in the United States
Document Number: 2015-09694
Type: Rule
Date: 2015-04-29
Agency: Employment and Training Administration, Department of Labor, Wage and Hour Division, Employment Standards Administration, Department of Homeland Security
The Department of Homeland Security (DHS) and the Department of Labor (DOL) are jointly issuing regulations governing the certification of the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment and the enforcement of the obligations applicable to employers of such nonimmigrant workers. This interim final rule establishes the process by which employers obtain a temporary labor certification from DOL for use in petitioning DHS to employ a nonimmigrant worker in H-2B status. We are also issuing regulations to provide for increased worker protections for both United States (U.S.) and foreign workers. DHS and DOL are issuing simultaneously with this rule a companion rule governing the methodology to set the prevailing wage in the H-2B program.
Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program
Document Number: 2015-09692
Type: Rule
Date: 2015-04-29
Agency: Employment and Training Administration, Department of Labor, Department of Homeland Security
The Department of Homeland Security (DHS) and the Department of Labor (DOL) are issuing final regulations governing certification of the employment of nonimmigrant workers in temporary or seasonal non- agricultural employment. This final rule sets forth how DOL provides the consultation that DHS has determined is necessary to adjudicate H- 2B visa petitions by setting the methodology by which DOL calculates the prevailing wages to be paid to H-2B workers and U.S. workers recruited in connection with applications for temporary labor certification. Specifically, for the purposes of an H-2B temporary labor certification, this final rule establishes that, in the absence of a wage set in a valid and controlling collective bargaining agreement, the prevailing wage will be the mean wage for the occupation in the pertinent geographic area derived from the Bureau of Labor Statistics Occupational Employment Statistics survey, unless the H-2B employer meets the conditions for requesting that the prevailing wage be based on an employer-provided survey. Any such survey submitted must meet the new methodological criteria established in this final rule in order to be used to establish the prevailing wage. The final rule does not permit use of the wage determinations issued under the Service Contract Act or the Davis Bacon Act as sources to set the prevailing wage in the H-2B temporary labor certification context. DHS and DOL are issuing this final rule together because DHS, as the Executive Branch agency charged with administering the H-2B program, has determined that the most effective implementation of the statutory H-2B labor protections requires that DHS consult with DOL for its advice about matters with which DOL has expertise, including questions about the methodology for setting the prevailing wage in the H-2B program. DHS (and the former Immigration and Naturalization Service, Department of Justice, which was charged with administration of the H-2B program prior to enactment of the Homeland Security Act of 2002) has long recognized that DOL is the appropriate agency with which to consult regarding the availability of U.S. workers and for assuring that wages and working conditions of U.S. workers are not adversely affected by the use of H-2B workers. This rule also adopts, without change, certain revisions made to DHS's H-2B regulations, to clarify that DHS is the Executive Branch agency charged with making determinations regarding eligibility for H-2B classifications, after consulting with DOL for its advice about matters with which DOL has expertise, including questions related to the methodology for setting the prevailing wage in the H-2B program. Finally, DHS and DOL are issuing, simultaneously with this rule, a companion H-2B rule governing the certification of the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment and the enforcement of the obligations applicable to employers of such nonimmigrant workers.
Temporary Employment of Foreign Workers in the United States; CFR Correction
Document Number: 2015-09948
Type: Rule
Date: 2015-04-28
Agency: Employment and Training Administration, Department of Labor
Investigations Regarding Eligibility To Apply for Worker Adjustment Assistance
Document Number: 2015-09660
Type: Notice
Date: 2015-04-27
Agency: Employment and Training Administration, Department of Labor
Investigations Regarding Eligibility To Apply for Worker Adjustment Assistance
Document Number: 2015-09651
Type: Notice
Date: 2015-04-27
Agency: Employment and Training Administration, Department of Labor
Comment Request for Information Collection for Guam Military Base Realignment Contractor Recruitment Standards, Extension With Revisions
Document Number: 2015-09480
Type: Notice
Date: 2015-04-23
Agency: Employment and Training Administration, Department of Labor
The Department of Labor (Department), as part of its continuing effort to reduce paperwork and respondent burden conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 [44 U.S.C. 3506(c)(2)(A)] (PRA). The PRA helps ensure that respondents can provide requested data in the desired format with minimal reporting burden (time and financial resources), collection instruments are clearly understood and the impact of collection requirements on respondents can be properly assessed. Currently, ETA is soliciting comments concerning the extension of the collection of data for the Guam Military Base Realignment Contractor Recruitment Standards, which expires on September 30, 2015.
Comment Request for Information Collection: Self-Employment Assistance for Unemployment Insurance Claimants, Extension With Revisions
Document Number: 2015-09479
Type: Notice
Date: 2015-04-23
Agency: Employment and Training Administration, Department of Labor
The Department of Labor (Department), as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 [44 U.S.C. 3506(c)(2)(A)]. This program helps ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, ETA is soliciting comments concerning the collection of data about Self-Employment Assistance (SEA) activities, expiring October 31, 2015.
Notice of Availability of Funds and Funding Opportunity Announcement for Disability Employment Initiative Cooperative Agreements
Document Number: 2015-09407
Type: Notice
Date: 2015-04-23
Agency: Employment and Training Administration, Department of Labor
The Employment and Training Administration (ETA) announces the availability of approximately $15 million in grant funds for the Disability Employment Initiative authorized by Section 169, subsection (b), of the Workforce Innovation and Opportunity Act (WIOA). The Department expects to fund approximately eight cooperative agreements to state workforce agencies, ranging from $1.5 million to $2.5 million each. Applicants may apply for up to $2.5 million. The purpose of this program is to provide funding to expand the capacity of American Job Centers (AJCs) to improve employment outcomes of individuals with disabilities (including those with significant disabilities). The DEI plans to accomplish this by increasing their participation in career pathways systems and successful existing programs in the public workforce system in partnership with community colleges and other education partners, human services, businesses, and other partners. These career pathways systems are capitalizing on the flexibility that the career pathways model provides to use innovative service delivery strategies. Grantees will use their award to support job-driven approaches in their pre-existing career pathway systems and programs to equip individuals with disabilities with the skills, competencies, and credentials necessary to help them obtain in-demand jobs, increase earnings, and advance their careers. The complete FOA and any subsequent FOA amendments in connection with this solicitation are described in further detail on ETA's Web site at http://www.doleta.gov/grants/ or on http://www.grants.gov. The Web sites provide application information, eligibility requirements, review and selection procedures, and other program requirements governing this solicitation.
Comment Request for Information Collection for 1205-0179: Unemployment Compensation for Federal Employees Handbook No. 391, Extension Without Revision
Document Number: 2015-08725
Type: Notice
Date: 2015-04-16
Agency: Employment and Training Administration, Department of Labor
The Department of Labor (Department), as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 [44 U.S.C. 3506(c)(2)(A)]. This program helps ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, ETA is soliciting comments concerning the collection of data about Unemployment Compensation for Federal Employees which expires October 31, 2015.
Workforce Innovation and Opportunity Act; Notice of Proposed Rulemaking
Document Number: 2015-05530
Type: Proposed Rule
Date: 2015-04-16
Agency: Employment and Training Administration, Department of Labor
The Department of Labor (DOL) is proposing, through rulemaking, to implement titles I and III of the Workforce Innovation and Opportunity Act of 2014 (WIOA). Through these regulations, the Department proposes to implement job training system reform and strengthen the workforce investment system of the nation to put Americans, particularly those individuals with barriers to employment, back to work and make the United States more competitive in the 21st Century. This proposed rule intends to provide guidance for statewide and local workforce investment systems that increase the employment, retention and earnings of participants, and increase occupational skill attainment by participants, and as a result, improve the quality of the workforce, reduce welfare dependency, and enhance the productivity and competitiveness of the nation.
Workforce Innovation and Opportunity Act; Joint Rule for Unified and Combined State Plans, Performance Accountability, and the One-Stop System Joint Provisions; Notice of Proposed Rulemaking
Document Number: 2015-05528
Type: Proposed Rule
Date: 2015-04-16
Agency: Department of Education, Employment and Training Administration, Department of Labor
The Departments of Education (ED) and Labor (DOL) are proposing, through this Notice of Proposed Rulemaking (NPRM), to implement jointly-administered activities authorized by title I of the Workforce Innovation and Opportunity Act (WIOA). Through these regulations, the Departments propose to implement job training system reforms and strengthen the nation's workforce development system to put Americans back to work and make the United States more competitive in the 21st Century. This joint proposed rule provides guidance for State and local workforce development systems that increase the skill and credential attainment, employment, retention, and earnings of participants, especially those with significant barriers to employment, thereby improving the quality of the workforce, reducing welfare dependency, and enhancing the productivity and competitiveness of the nation. WIOA strengthened the alignment of the workforce development system's six core programs by imposing unified strategic planning requirements, common performance accountability measures, and requirements governing the one-stop delivery system. In so doing, WIOA placed heightened emphasis on coordination and collaboration at the Federal, State, and local levels to ensure a streamlined and coordinated service delivery system for job seekers, including those with disabilities, and employers. To that end, the Departments of Education and Labor propose to issue this joint NPRM to implement jointly-administered activities under title I of WIOA. These regulations lay the foundation, through coordination and collaboration at the Federal level, for implementing the vision and goals of WIOA. In addition to this joint NPRM, the Departments have proposed separate NPRMs to implement program-specific requirements of WIOA that fall under each Department's purview. The Department of Labor is proposing a NPRM governing program-specific requirements under titles I and III of WIOA. The Department of Education is proposing three NPRMs: one implementing program-specific requirements of the Adult Education and Family Literacy Act (AEFLA), as reauthorized by title II of WIOA; and two NPRMs implementing all program-specific requirements for all programs authorized under the Rehabilitation Act of 1973, as amended by title IV of WIOA. The Department-specific NPRMs have been simultaneously published in this issue of the Federal Register. Developing and issuing all five WIOA NPRMs in a coordinated manner reinforces WIOA's heightened emphasis on collaboration to ensure an integrated and seamless service delivery system for job seekers and employers.
Temporary Agricultural Employment of H-2A Foreign Workers in the Herding or Production of Livestock on the Open Range in the United States
Document Number: 2015-08505
Type: Proposed Rule
Date: 2015-04-15
Agency: Employment and Training Administration, Department of Labor
The Department of Labor (Department) is proposing to amend its regulations governing certification of the employment of nonimmigrant workers in temporary or seasonal agricultural employment under the H-2A program to codify certain procedures for employers seeking to hire foreign temporary agricultural workers for job opportunities in sheepherding, goat herding and production of livestock on the open range. Such procedures must be consistent with the Secretary's statutory responsibility to ensure that there are no able, willing, qualified and available U.S. workers to perform these jobs, and that the employment of foreign workers will not adversely affect the wages and working conditions of workers in the United States similarly employed. Before the current rulemaking, variances from the general H- 2A regulatory requirements were established and revised for these occupations through sub-regulatory guidance, i.e. ``special procedures,'' that were issued in the form of separate Field Memoranda or Training and Employment Guidance Letters. The U.S. Court of Appeals for the District of Columbia Circuit recently ruled that the existing special procedures for sheepherding, goat herding and open range production of livestock are not interpretive rules but rather include substantive departures from established regulatory requirements necessitating notice and comment rulemaking under the Administrative Procedure Act. This proposed rule provides the public with the notice and opportunity to comment on proposed procedures to be followed in the filing and processing of applications involving herding and production of livestock on the open range. Among the issues addressed are the qualifying criteria for employing foreign workers in the applicable job opportunities, preparing job orders, program obligations of employers, filing of H-2A applications requesting temporary labor certification, recruiting U.S. workers, determining the minimum offered wage rate, and the minimum standards for mobile housing on the open range. The Department's goal is to establish a single set of regulations enabling employers seeking to hire foreign temporary agricultural workers for both herding and production of livestock on the open range to comply with their obligations under the H-2A program given the unique characteristics of these job opportunities in their industry.
Investigations Regarding Eligibility To Apply for Worker Adjustment Assistance
Document Number: 2015-08316
Type: Notice
Date: 2015-04-13
Agency: Employment and Training Administration, Department of Labor
Investigations Regarding Eligibility To Apply for Worker Adjustment Assistance
Document Number: 2015-08312
Type: Notice
Date: 2015-04-13
Agency: Employment and Training Administration, Department of Labor
Notice of Availability of Funds and Funding Opportunity Announcement for YouthBuild
Document Number: 2015-08209
Type: Notice
Date: 2015-04-10
Agency: Employment and Training Administration, Department of Labor
The Employment and Training Administration (ETA), U.S. Department of Labor (DOL or Department), announces the availability of approximately $76 million in grant funds authorized by the YouthBuild provisions of the Workforce Innovation and Opportunity Act (WIOA) (Pub. L. 113-128). DOL will award grants through a competitive process to organizations to oversee the provision of education, occupational skills training, and employment services to disadvantaged youth in their communities while performing meaningful work and service to their communities. In Fiscal Year (FY) 2015, DOL hopes to serve approximately 4,950 participants during the grant period of performance, with approximately 76 projects awarded across the country. Individual grants will range from $700,000 to $1.1 million and require an exact 25 percent match from applicants, using sources other than federal funding. The grant period of performance for this FOA is 40 months, including a four-month planning period. The complete FOA and any subsequent FOA amendments in connection with this solicitation are described in further detail on ETA's Web site at http://www.doleta.gov/grants/ or on http://www.grants.gov. The Web sites provide application information, eligibility requirements, review and selection procedures, and other program requirements governing this solicitation.
Comment Request for Information Collection for Reintegration of Ex-Offenders-Adult Reporting System, Extension With Revisions
Document Number: 2015-07576
Type: Notice
Date: 2015-04-02
Agency: Employment and Training Administration, Department of Labor
The Department of Labor (Department), as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 [44 U.S.C. 3506(c)(2)(A)] (PRA). The PRA helps ensure that respondents can provide requested data in the desired format with minimal reporting burden (time and financial resources), collection instruments are clearly understood and the impact of collection requirements on respondents can be properly assessed. Currently, ETA is soliciting comments concerning the information collection request (ICR) to collect data about the extension of the currently approved reporting and recordkeeping system to support the Reintegration of Ex-Offenders-Adult (RExO-Adult) grants, which expires on May 31, 2015. Interested parties are encouraged to provide comments to the contact shown in the ADDRESSES section. Comments must be written to receive consideration, and they will be summarized and included in the request for OMB approval of the final ICR. In order to help ensure appropriate consideration, comments should mention OMB Control Number: 1025-0455.