JOB ORDERS 1 Job Order Definition Job

JOB ORDERS 1

Job Order Definition Job Orders are structured records of an employer’s requirement for filling vacant positions with qualified workers. A Job Order must contain the following: • Qualifications a worker must have to perform the duties. • Specific hiring requirements. • Information about the job (pay, benefits, hours, etc. ) • Referral instructions. 2

JOB OPENING o A job opening is a job vacancy that an employer intends to fill. It is inconsistent with the purpose of a one-stop center to refer jobseekers to an employer who wishes only to build applicant files for possible future openings. 3

ENTRY OF JOB ORDERS o All job orders and job openings are to be entered into the W-P reporting system immediately upon being received by onestop center staff. All job orders entered should comply with federal and State laws. 4

ENTRY OF JOB ORDERS o All job orders need to be reviewed by staff to assure compliance with rules. o Terms and Conditions of Use policy needs to be followed. o Employers that are not following the TERMS need to be contacted and if they fail to agree to change the order, should be revoked. 5

TERMS and CONDITIONS OF USE 6

REGISTRATION IN EFM 7

TERMS and CONDITIONS OF USE Posting Rules: Your Material(s) may NOT contain: n links to any website(s) other than your own; n copyrighted material (unless you own said copyright or have the owner's permission to post the copyrighted material); n trade secrets (unless you own said trade secrets or have the owner's permission to post them); n material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; n anything that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or n anything that is embarrassing or offensive to another person or entity; 8

TERMS and CONDITIONS OF USE o requests for personal services implying or requiring sexual or o o o o any other illegal activity. jobs that pay by commission only; unless minimum wage is guaranteed or exempt per. http: //www. floridajobs. org/workforce/fl_min_wage. html jobs that do not pay at least the Florida minimum wage; please see exemptions at http: www. dol. gov/elaws/esa/flsa/screen 75. asp. jobs that require the applicant to pay a fee to obtain the jobs that require the applicant or employee to make a capital investment; jobs that require the applicant or employee to attend unpaid training; any language other than English (a Spanish version is available, and translation of text into various languages is built into EFM); 9

TERMS and CONDITIONS OF USE o any discriminatory language. Employers must o o o provide equal employment opportunities without regard to race, color, religion, gender, age, national origin or disabilities in compliance with federal and State laws including: The Civil Rights Act of 1964 as amended; Age Discrimination Act of 1967 as amended; Rehabilitation Act of 1973; Vietnam Era Veterans Readjustment Act of 1974; Americans with Disabilities Act of 1990; and The Wagner-Peyser Act as amended. 10

TERMS and CONDITIONS OF USE You may NOT use your Material(s) to: o impersonate another person, living or dead; o post false, inaccurate or misleading information; o post advertisements or solicitations of business (including, but not limited to, Multi-Level Marketing [MLM] positions, franchises, "club memberships, " distributorships, or anything requiring a monetary investment by the User); 11

TERMS and CONDITIONS OF USE o post chain letters or pyramid schemes; o post opinions or notices, commercial or otherwise; or o conduct applicant harvesting 12

TERMS and CONDITIONS OF USE o Your material(s) must contain sufficient detail to convey clearly to the user the nature and requirements of the job opportunity, or the required qualifications of a candidate for employment. o Material(s) that encourage the user to "email for more details" are not permitted. Material(s) from any third party charging a fee or restricting complete access to all resume information are prohibited. o Job postings must be individual openings for traditional, W-2 or 1099 employees. o The PARTNERS will take reasonable care to insure the quality of its web site. 13

TERMS and CONDITIONS OF USE o Material(s) found to violate the above Posting Rules may be removed at the PARTNERS' discretion. 14

WAGES ON JOB ORDERS o No entry is required in the salary field if an employer chooses not to list the salary for the position. In all other cases, the actual wage or wage range as expressed by the employer should be listed on the job order. o Effective July 1, 2008, the wage rate for the MMR is taken from the wage entered for the job seeker on the job order when the placement is entered. 15

WAGE UTILIZED FOR MMR 16

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Equal Employment Opportunity and Affirmative Action Compliance 18

Special Requirements o Drug Testing o Physical Examinations o Background/Credit Checks To be a legitimate requirement: The company policy must be that jobseekers, regardless of referral source, meet the same criteria for hiring. Must be included in Job Requirements & jobseekers must be advised prior to referral. 19

SPECIAL REQUIREMENTS o Polygraph Examinations (Only applies to governmental agencies such as US, State, County, etc and security services companies such as armored car personnel, security personnel, and security system design, installation & maintenance. ) o Private employers may require jobseekers pay for preemployment tests with or w/o future reimbursement from the employer. 20

Writing Job Orders o Specific job title o Qualifiers & disqualifiers first o “R” in last space if there are notes on the notes screen. o No employer identifying information should be displayed in summary on suppressed orders. o Avoid vague adjectives. o Must comply with law. 21

Writing Job Orders o Use acronyms sparingly o Use standard dictionary abbreviations o Use spell check feature in EFM o Use key words o Be specific about type of experience required. o Ask for a technical question if necessary. o Specify language (bilingual and/or read/write. ) 22

Writing Job Orders o O'NET appropriate to job duties. o Confidential Job Order – List employer’s name as confidential and the one-stop center’s address & phone number. Identify employers name, address, phone number and contact person on the staff notes. When the order is closed, change the address & phone number to the employer’s. 23

Orders in Violation of the Law o Job requirements and conditions of employment must be in compliance with federal, state, and local laws. o The employer must be advised of the perceived violation and given an opportunity to explain the requirement or modify the requirement. o If the employer is unwilling to withdraw the illegal specifications, the employer’s registration should be revoked. (After the supervisor has reviewed it. ) 24

Orders in Violation of the Law o Florida’s Right to Work Law and the National Labor Relations Act prohibit an employer covered by either law from specifying that jobseekers must be either a member or non-member of a union to be hired. o Job Orders from labor organizations requiring that the jobseeker join the union are acceptable if the union has legitimate job openings with an employer. o The job order should not contain restricting specification unless the employer can justify them as being a bona fide occupational qualification. Example: In lingerie sales, an employer cannot specify a female because it is not a bona fide requirement. 25

Substandard Orders o One-stops should refrain from active recruitment to fill orders that offer wages below Florida’s Minimum Wage Law from employers who are not subject to the Fair Labor Standards Act. o Tactfully inform the employer of the probable difficulty in filling such an order. o If the employer is unwilling to modify the order, take the order without further comment. 26

REQUEST THAT MAY NOT BE GENUINE o The order taker should obtain as much information as possible about the employer and the job to make a determination about the legitimacy of the job order prior to taking action and making referrals. 27

Referral to Private & Temporary Help Agencies Wagner-Peyser Act States: “Nothing in this Act shall be construed to prohibit the referral of any jobseeker to private agencies as long as the jobseeker is not charged a fee. ” The job seeker must be advised the referral is to a temporary agency and that there is no fee. Job Description should begin with the phrase: POSITION OFFERED BY NO FEE AGENCY 28

Job Orders Requesting Independent Contractors Staff should accept job orders from employers desiring to recruit individuals as independent contractors as long as the terms and conditions of employment are spelled out in the job order summary and to the jobseekers before referral is made. JOB DESCRIPTION_ This is an independent contractor/business opportunity and does not establish an employee/employer relationship. Will receive IRS 1099 form and will be responsible for own withholding taxes……… 29

Agricultural Job Orders o “Referrals within commuting distance only” is required, if order is not to be placed in clearance system. o Job site address must be included if different from address on job order. Indicate directions on “notes” screen. o Try to use job titles that match ONET code o If duration 4 -150 days, a specific estimated number of days or months must be shown. o Wage rate must be specific, depending on experience is not acceptable. 30

Agricultural Job Orders o Specific days & hours o Describe job specifically. What does worker do? How does worker do it? Why does worker do it? What degree of skill is involved? o If paid by piece include: Amount to be paid. Pay unit. Size unit. Is employer covered by Fair Labor Standards Act or guarantee minimum wage? o If employer is crewleader, must include crewleader’s federal registration number and certification of state registration on job order notes screen. 31

Agricultural Job Orders JOB DESCRIPTION_ Harvester - Will pick packing house and juice citrus. Fill 90 LB bag and dump into bin. Will use ladders up to 20 ft. in length. MS, 6: 30 am to 4 pm - Days and hours to be worked depend on crop & weather conditions, $0. 55 per 1 bushel, employer covered by FLSA. No housing/ no transportation. Will work February thru April depending on crop & weather conditions. Refer within commuting distance only. ______ R Note: The comment “refer within commuting distance only” must be a part of the job summary and should be the last sentence. 32

Referral During Labor Disputes o The State Office shall notify the regional board offices of the existence of labor disputes which: n n Result is a work stoppage at an establishment involving a significant number of workers; or Involve multi-establishment employers with other establishments outside the reporting state. One-stop managers should keep the State Office informed regarding labor disputes involving lockouts or strikes. 33

Referral During Labor Disputes o Make no job referral which will aid directly or indirectly in the filling of a job opening which is vacant because the former occupant is on strike, or is being locked out due to a labor dispute or the filling of which is an issue in a labor dispute involving a work stoppage. o Written notification shall be provided to all jobseekers referred to jobs not at issue in the labor dispute if the employing unit is involved in a labor dispute. 34

Referral During Labor Disputes o When a job order is received from an employer involved in a labor dispute involving a work stoppage, State agencies shall: n n Verify the existence of the labor dispute & determine its significance to each vacancy in the job order; and Notify all potentially affected associates concerning the labor dispute. o State agencies shall resume full referral services when it has been verified with the employer and the workers’ representative, that the labor dispute has been terminated. 35

Federal Contractors Government contractors and subcontractors are required to take affirmative action to employ and promote qualified veterans. This applies to all government contracts and subcontracts for supplies or services (including construction) for $100, 000 or more. Answer “yes” to “Federal Contract? ”. 36

Federal Contractors o Office of Federal Contract Compliance Programs Final Rule April 7, 2008 41 CFR Part 60 -250. 5 The contractor agrees to immediately list all employment openings. . . at an appropriate local employment service office of the state employment security agency wherein the opening occurs. 37

VETERAN PRIORITY o Most new job orders should be immediately computer searched for qualified veterans. Job orders, including those, which indicate no experience is necessary or those where the employer will train, should also be computer searched for qualified veterans. Whether or not a job order is computer searched for veterans will be left to the discretion of the LVER/DVOP or one -stop center manager. In making this determination, the following should be considered: n The overall local labor market; and n The availability of qualified veterans. 38

IRCA Job Orders Immigration Reform and Control Act o When an employer requests that one-stop center complete I-9 forms on jobseekers prior to referral, the job order must be marked as follows: o “IRCA order I-9’s required” should be written in the job order description. o The Form I-9 must be completed prior to referral o The Form I-9 must be kept on file for 3 years o Issue the AWI certificate to the employer - keep a copy with the I-9 form. 39

Affirmative Action Job Orders An Affirmative Action job order is one that seeks qualified jobseekers particularly those who are a member of a specified group that for reasons of past custom, historical practice, or other nonoccupationally valid purposes have been discouraged from entering certain occupational fields. Affirmative Action results from Government Acts or Court Orders. Other information Section (EFM Job Order Entry Screen) “Is this job order in response to an affirmative action ruling? ” - select YES. Begin Job Description with, ”Affirmative Action. Females are encouraged to apply” 40

ALIEN LABOR CERTIFICATION o Employers file applications for certification directly with USDOL o Employers are required to directly file a mandatory 30 -day job order with the onestop center nearest the area of intended employment. o Job offer must contain key elements of the employer’s attestation 41

ALIEN LABOR CERTIFICATION o Job order must consists of specific statements o Job order should be treated as any other job order o Provide all qualified and interested applicants a referral. o Employer is required to maintain records of job order and referral 42

Job Order Results and Change of Status o Closing or changing the status of a job order is the sole responsibility of the order holding office. The order holding office is responsible for verifying referrals results, etc. o Staff should not change the status of a job order written by an office other than its own. 43

Definition of a Placement “Placement” means the hiring by a public or private employer of an individual referred by the one-stop centers for a job or for an interview, provided that the employment office completed all of the following steps: 44

PLACEMENT DEFINITION CONT. 1. Prepared a job order form prior to referral, except in case of job development. 2. Made prior arrangements with the employer for the referral of an individual (s). 3. Referred an individual who had not been specifically designated by the employer, except referrals on agricultural job orders for a specific crew leader or worker. 4. Verified from a reliable source, preferably the employer, that the individual had started to work. 5. Appropriately recorded the placement (and documented start date and verification contact person). 45

Quality Assurance Review 46

MASS RECRUITMENT RECRUITING AGREEMENTS o To avoid potential violation of the federal placement definition, job orders should be taken as soon as possible. Under no circumstances should a one-stop center participate in a recruitment without first entering the job order(s) into the W-P reporting system. 47

JOB DEVELOPMENT JOB ORDERS o If staff later learn that a job seeker was hired on a job to which a job development referral was made, staff should write a job order and take placement credit. o View services in the W-P reporting system to ensure that the job development referral was entered timely and properly documented in the “Applicant Service Screen”. Once a match is determined, a job order should be written. 48

JOB DEVELOPMENT JOB ORDERS o Enter “ 1” in the “Number of Openings for this Job Order ” field o Enter “ 1” in the “How many referrals would you like? ” field o In the Job Description section of the job order, write “job development hire”. o Enter the start date and verifying source on the hire comments or in the job order staff notes, IE: Start date: 02/28/08 -Verified by Peg Smith, Personnel Manager, or Start date: 02/28/08 Verified by jobseeker. 49

Quality Assurance Review 50

DELAYED PLACEMENTS A delayed hire can best be described as a hire missed initially but taken at a later date. Often, job referrals are entered with a result other than “Placed” and it is later discovered that the job seeker was indeed placed. In such situations, a “delayed hire” credit should be realized. 51

REPORTING DELAYED PLACEMENTS o Display the original job order o Locate the job seeker referral and change the result to “Hired”. o Document the comments as “Delayed Placement”. o Document the Job Seeker notes screen as necessary. n It is recommended that staff enter any additional information to assist in monitoring of delayed placements. 52

REFERRALS PENDING REVIEW o “Referrals Pending Review” needs to be worked on a daily basis. o System gives the applicant a message saying the one-stop will contact him/her within 72 hours. 53

REFERRALS PENDING REVIEW 54

JOB ORDER MAINTENANCE The job order follow-up schedule below is recommended: n n n Fully referred orders should be verified daily (or as requested by employer) Orders on hold should be verified weekly. All other orders should be verified at least every two weeks. 55

JOB ORDER MAINTENANCE o RWBs should implement local procedures that best suit their needs for the management of job orders. Closing or changing the status of a job order may be the sole responsibility of the order holding office, or RWBs may choose to delegate that responsibility, i. e. , “Business Services Center”. o Staff should not close or change the status of other regions job orders. 56

JOB ORDER MAINTENANCE 57

Order Taking Techniques o Use tact in questioning an employer about hiring requirements. o Questions should not imply a certain answer is expected or cause the employer to make arbitrary decisions about age, education, years of experience or physical requirements. o Find out whether requirements are firm or mere preferences. o Explain the necessity of reporting a filled position as soon as possible. o Advise the employer of the verification process. 58

More Information o AWI WEBSITE: http: //www. floridajobs. org/ o JOAN LOSIEWICZ (850)245 -7422 email: joan. losiewicz@flaawi. com o KEN MCDONALD (850)245 -7412 email: ken. mcdonald@flaawi. com 59